Applicant name Association of parents
Applicant type Legal person
Country UK
Decision no.7154/75
Date 12/07/1978
Institution Commission
Type Decision
Outcome Art. 8 Inadmissible
Reason No interference; manifestly ill-founded (protection of health)
Type of privacy Private and family life; procedural privacy
Keywords Legal person; vaccination; information
Facts of the case UK has a voluntary vaccination scene. Assocation of parents who claim that their children have been negatively affected by vaccinations stress that the UK does not sufficiently protect the lives of its citizens and that it does not provide sufficient information to citizens concerning the health risks concerned.
Analysis The case is interesting for three reasons:

1. The Commission deals most extensively with Article 2 ECHR, while in later jurisprudence, it develops a preference for approaching such matters from the perspective of Article 8 ECHR.
2. The Commission accepts a legal person (association) as a claimant, while in later jurisprudence, it would deny legal person’s a claim under Article 8 ECHR, tressing that only natural persons enjoy privacy (a stance which it only denounced in 2002 in the Stes Colas judgement).
3. The Commission struggles a bit with dealing with the case either as a matter of a negative or a possitive duty by the state. It seems as though the applicant primarily points to a possitive obligation – namely to provide adequate information to citizens – but the Commission finds primarily that the scene was necessary in a democratic society for the protection of health. It stresses that it was a voluntary scheme. With respect to the positive obligation to provide adequate information to ensure informed consent – an obligation the Commmission and the Court would later accept – the Commission stresses that it is ok for the state to leave this up to the parents themselves or the clinical professionals involved.

Documents Decision