Constitutional Court: Vaccination a condition for children to attend kindergarten

Photo: Constitutional Court of Montenegro / Ustavni sud Crne Gore
Montenegro’s Constitutional Court, by a 5-to-2 majority, has ruled that conditioning children’s stay in kindergartens on mandatory vaccination is not contrary to the Constitution.
The Court argued that the measure aims to protect public health, and in particular children who cannot be vaccinated for medical reasons.
Exempted are children with a permanent medical contraindication.
According to the Court, the measure does not imply forced vaccination, but provides for legal consequences for failing to meet the condition.
Court president Snežana Armenko and judge Faruk Resulbegoviq issued a dissenting opinion, arguing that the regulation undermines the unity of the legal system and the right to equal access to preschool education.
The decision will be published in the Official Gazette and on the Constitutional Court’s website.



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