Autonomía, capacidad y jueces que vacunan en tiempo de pandemia
The free autonomy of the will before a health intervention such as vaccination is a right that unfolds its effects even in the case of minors and adults with modified or diminished capacity in fact. However, in times of pandemic, voluntariness versus the obligatory nature of the vaccine arises with...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8359983 |
| Source: | Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 18-19, 2021, pags. 37-56 |
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| Summary: |
The free autonomy of the will before a health intervention such as vaccination is a right that unfolds its effects even in the case of minors and adults with modified or diminished capacity in fact. However, in times of pandemic, voluntariness versus the obligatory nature of the vaccine arises with the same intensity as the struggle between individual and collective rights. In the case of nursing homes, autonomy is reduced to the minimum expression. It is the judges who substitute the will of the person, his representative or the family member or relative, abusing a mechanism exceptionally provided for the protection of the vulnerable. It is worth reflecting on whether the function of the judge is to vaccinate or if something fails when judges are forced to vaccinate. |
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