Le régime d'indemnisation par l'État des dommages résultant des vaccinations obligatoires et des vaccinations recommandées en Italie et en France : profils historiques, éthiques, médicaux, normatifs et jurisprudentiels

The introduction of a compulsory vaccination regime makes it possible to fight against viruses and pathogens which in the past have caused millions of victims. Many incentive campaigns promote the realization of such an act, which is part of the objective of promoting the right to health. In Italy, under article 32 of the Constitution, the right to health is both a “fundamental right of the individual” and an “interest of the community” which the public authorities are responsible for promoting. In France, the preamble to the 1946 Constitution “guarantees the protection of health to all, including children, mothers and old workers”. The actual realization of this right nevertheless has a limit in the existence of a risk of adverse or even negative effects on certain persons subjected to vaccination. In practice, infrequent, the existence of risks linked to the system of mandatory vaccinations has led legislators and constitutional judges to set up a system of compensation for the victims. Initially focusing exclusively on the system of mandatory vaccinations, this mechanism was extended to the victims of vaccinations advised, participating in a process of increased responsibility of individuals.