Montenegro’s Constitutional Court to decide today on mandatory vaccination as a kindergarten requirement

Montenegro’s Constitutional Court convenes today to review the constitutionality of provisions of the Law on the Protection of the Population from Infectious Diseases that make mandatory vaccination a condition for children attending kindergartens, public and private, as Vijesti reports. The session is being held behind closed doors.

According to Vijesti, the session was originally scheduled for September 24 but was postponed because of documentation submitted later, considered important for the decision. On September 15, the court held a public hearing on the initiatives seeking review of the constitutionality of these provisions, which do not apply only where there is a permanent medical contraindication.

Positions on the matter are divided. The Health Ministry views making kindergarten attendance conditional on vaccination as a health-protection measure rather than a limitation of constitutional rights, Vijesti reports. Representatives of non-governmental organizations said children should not bear the consequences of decisions by adults and the system, while UNICEF assessed that Montenegro should find a less restrictive solution that affects the child’s right to preschool education less.

The Constitutional Court’s decision is expected to determine whether the contested provision remains in force or is annulled.