The First Commentary to the Act on Preventing and Combating Infections and Infectious Diseases in Human Beings

Abstract

The issue of the prevention and treatment of infectious diseases is of great legal importance. The legislator must reconcile, on the one hand, the need for effective action to protect so-called public health and, on the other, respect for civil rights and freedoms, which may be restricted in connection with such action. In Polish law, these issues are regulated by the Act on preventing and combating human infectious diseases and infections. The paper deals with the issue of sanitary coercion and the means of appeal against its application. It also discusses the issue of compulsory preventive vaccination and the imposition of sanctions for violations of anti-epidemic bans, orders and restrictions. The author pointed out what possible issues could still be raised in the Commentary, which would enrich its content in theoretical and practical terms.