Balancing Fundamental Rights and Public Health: COVID-19 Vaccination and Informed Medical Consent in the Charter of Fundamental Rights of the European Union

Abstract

The coronavirus disease 2019 (COVID-19) pandemic has prompted tension between individual health autonomy and the necessity to protect public health. The Charter of Fundamental Rights of the European Union (CFREU) guarantees the right to free and informed consent in medical matters, thereby striking a balance between personal autonomy and public health, even during emergencies. Despite scientific uncertainties, the European Union (EU) adopted a vaccination-focused strategy aimed at achieving herd immunity. This approach required compliance with art.3 of the CFREU, which upholds the right to free and well-informed medical consent, for both the EU and its Member States. It can be argued that fundamental rights should not be suspended, even in times of crisis, thereby necessitating the implementation of protective measures and oversight. This paper examines two primary issues: the role of the EU and its Member States in establishing a collective framework for the implementation of the right to medical consent for vaccination; and an assessment of whether the vaccination process adhered to essential consent elements while complying with the principles of good faith and legitimate trust.