接种年龄不合适的SARS-CoV-2疫苗的行政责任:拉脱维亚的经验。

Laura Šāberte, Karina Palkova
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引用次数: 0

摘要

确保流行病学安全的义务,包括确保向人们接种SARS-CoV-2疫苗的义务,被纳入国家宪法权利的框架。提供疫苗接种的卫生保健机构和实施疫苗接种的医疗从业人员是国家卫生保健系统的关键资产之一,作为人权的一部分,公共卫生和保护生命领域的职责已被委托给他们。违反拉脱维亚共和国流行病安全规定,如果可能对人类健康造成危险,将处以罚款。在本研究中,作者分析了医疗机构因接种年龄不适宜的疫苗而被追究行政责任的行政违法案件,解释了此类案件中行政责任与刑事责任的分离,揭示了在接种年龄不适宜疫苗对人的生命或健康造成损害的情况下,发生后果时的赔偿机制。研究结果表明,医疗机构没有采取适当的安全措施,以防止或避免在特定情况下的行政违法行为,因此医疗机构是第一次适用行政责任。此外,医疗机构缺乏足够安全的病人检查和登记系统。未成年患者没有安全保障,接种了不适当的疫苗,因为未成年人的父母或未成年人自己要求接种特定(不适当)疫苗。
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Administrative Liability for Vaccination with an Age-Inappropriate SARS-CoV-2 Vaccine: Latvian Experience.

The duty of ensuring epidemiological safety, including the duty to ensure vaccination against SARS-CoV-2 to people, is included in the framework of the national constitutional rights. The healthcare institutions providing vaccination and medical practitioners performing vaccination are one of the key assets of the national health care system, to whom the duty in the field of public health and protection of lives that is a part of human rights have been delegated. Violation of the epidemiological safety requirements in the Republic of Latvia, if it may cause a risk to human health, is subject to a fine. In this study, the authors have analysed the administrative offence cases, in which administrative liability has been imposed on medical institutions for performing vaccination with age-inappropriate vaccine, explain separation of administrative liability from criminal liability in such cases, reveal compensation mechanisms in the event of consequences, when inappropriate vaccination has caused harm to persons' life or health. The results of the research show that no appropriate security measures have been introduced in the medical institutions to prevent or avoid administrative offences in particular cases, as the result medical institutions were subject to first-time application of administrative liability. Besides, there are lack sufficiently secure system for the examination and registration of patients in the medical institutions. The minor patients were unsecured and have been vaccinated with an inappropriate vaccine, because a specific (non appropriate) vaccine has been requested by the minors' parents or the minors themselves.

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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
52
期刊介绍: The European Journal of Jewish Studies (EJJS) is the Journal of the European Association for Jewish Studies (EAJS). Its main purpose is to publish high-quality research articles, essays and shorter contributions on all aspects of Jewish Studies. Submissions are all double blind peer-reviewed. Additionally, EJJS seeks to inform its readers on current developments in Jewish Studies: it carries comprehensive review-essays on specific topics, trends and debated questions, as well as regular book-reviews. A further section carries reports on conferences, symposia, and descriptions of research projects in every area of Jewish Studies.
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