Constitutional Court of Montenegro upholds mandatory vaccination for preschool

The Constitutional Court of Montenegro has ruled that mandatory vaccination remains a valid condition for children to attend public and private preschool institutions. By a majority vote of five to two, the Court rejected initiatives to assess the constitutionality of articles 41 and 42 of the Law on the Protection of the Population from Infectious Diseases.

The Court determined that protecting the health of children and the general population is a legitimate objective. It noted that vaccination protects both the individual receiving the vaccine and others who cannot be immunized for medical reasons. The decision took into account low immunization rates in Montenegro and the failure of previous measures, such as misdemeanor sanctions, to achieve desired results.

While the Court acknowledged that unvaccinated children are restricted from attending preschool, it concluded that this limitation does not disproportionately infringe upon the right to education compared to the goal of public health protection. An exception is maintained for children with permanent medical contraindications to specific immunizations.

In a dissenting opinion, President Snežana Armenko and Judge Faruk Resulbegović argued that the ruling undermines the legal order, noting that the Law on Preschool Education and Training mandates equal access to education for all children.