Salute pubblica e diritto all’integrità del singolo Il caso della risarcibilità delle lesioni derivanti da vaccini nelle suggestioni della giurisprudenza italiana e statunitense

Abstract

Pubblic health and right to integrity of the person. Vaccine injuries compensation in the suggestion of Italian and American case law – The essay analyzes the attitude of legal systems concerning the balance between public health and right to individual integrity in the specific case of vaccine injuries. The focus is on corrective actions to be applied to risks that the individual takes on due to achieve a common good, through the provision of a compensation system for vaccination damage victims. The introduction of a no-fault compensation system appears to be the solution that takes into account all dimensions involved in the events. However, an element of crisis is the source of funding for these programs. The examination of case law in Italy, followed by European Court of Human Rights and Slovenian Constitutional Court, and in United States of America shows the diversity of concerns underlying State interventions and the difficulty of seeking the right balance between social justice, equality, solidarity, individual interest and economic reasons. The issue shows that it’s normal to haggle over the protection of public and private health. The intervention of the State in this context, therefore, ends up being an index of its values.