Constitutional Court of Montenegro upholds vaccination requirement 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. In a 5-2 decision, the court rejected initiatives to declare certain articles of the Law on the Protection of the Population from Infectious Diseases unconstitutional.

The court determined that protecting public health and the health of children is a legitimate state objective. It noted that the measure protects both the vaccinated child and others, particularly those who cannot be vaccinated due to permanent medical contraindications. The ruling cited Montenegro’s low immunization rates and the high risk of infectious disease outbreaks as significant social needs for this restriction.

While acknowledging that denying access to preschool limits a child’s social and educational development, the court concluded that such a limitation is not disproportionate to the goal of protecting public health. The court also distinguished the legal obligation to vaccinate from the physical forced administration of a medical procedure.

The Ministry of Health welcomed the decision, emphasizing that public health must remain a priority. Conversely, some non-governmental organizations and parents expressed strong opposition, describing the ruling as “shameful” and stating they will continue to pursue legal remedies and potential protests.