Limiting the right to education as a means of countering threats to public health

The article examines the problematic aspects of limiting the right to education as a means of countering threats to public health. It has been established that the child’s realization of the right to education is directly related to the child’s availability of a number of preventive vaccinations, without which such a child may legally be prevented from attending school or another educational institution. The state of normative legal regulation of the right to education, relations in the sphere of population protection from infectious diseases, ECtHR judgments in the case «Solomakhin v. Ukraine», in the case «Vavrzhichka et al. v. Czech Republic» and domestic judicial practice are analyzed. The main arguments of the legal nature of vaccination antagonists have been identified, which boil down to the fact that vaccination is an arbitrary intervention of the state in a person’s private life, limits the state-guaranteed right to education and leads to discrimination on certain grounds and leads to the disclosure of medical information. The content of the concept of interference with the right to respect for private life is revealed and it is clarified that such interference is justified if it was legal, pursued a legitimate goal and was necessary in a democratic society. It is substantiated that the life, health and safety of a person is the highest social value in Ukraine, the content of the idea of a balance between individual rights and public interests is revealed. It was established that in cases where individual interests may negatively affect the health and safety of society, the state may take measures to limit such individual rights. The meaning of the concept of medical secrecy is disclosed, according to which medical secrecy includes information that includes data on a person’s application to a medical institution, his health status, diagnoses, results of examinations and treatment, as well as personal information about family and intimate life, health I have relatives and friends, and it was found out that there is no such secret in the vaccination certificate. It was found that the availability of vaccinations is a prerequisite for access to education in educational institutions, and preventing unvaccinated children from attending educational institutions is not a violation of the right to education, but a limitation of the ability to choose any form of education.