Compulsory vaccination of children is provided for by the Public Health Protection Act and the implementing decree. The state cannot physically force a child to be vaccinated. The obligation is enforced indirectly (fine, non-admission to kindergarten). The maximum fine for failure to submit to compulsory vaccination can reach up to CZK 10,000, but is not automatic. The most common exception is medical contraindications confirmed by a doctor. Conscientious objection may also play a role in individual cases, but it must be long-standing and consistent. Vaccination against covid-19 is currently not mandatory in the Czech Republic.
Not sure if the pediatrician’s, nursery’s, or hygienist’s procedure is in accordance with the law? Contact us. One legal consultation can save you unnecessary stress and thousands of crowns in fines.
What does compulsory vaccination mean in legal terms
When you say compulsory vaccination, most parents think of a clear command: you must vaccinate or face punishment. But the reality is legally more complicated. The obligation to vaccinate in the Czech Republic does not stem from one simple law, but from the Public Health Protection Act and the implementing decree on vaccination against infectious diseases. It is the decree that determines against which diseases, at what age and in what doses children are vaccinated.
However, it is important to distinguish between three concepts that are often confused: the obligation to be vaccinated, the possibility for the state to enforce vaccination and the actual consequences of refusal.
Czech law does not allow anyone to be physically forced to vaccinate. There is no “compulsory injection under threat of policeintervention”. The obligation is addressed indirectly – through possible sanctions or restrictions, typically in the area of pre-school attendance. This has been repeatedly confirmed by the courts, including the Constitutional Court.
In practice, this means that a parent who refuses vaccination does not violate criminal law, but exposes himself to administrative liability. This is where the scope for legal questions, individual assessment and, in some cases, successful defence begins. In our practice, we often find that parents have no idea what their obligations really are and what is just being “foisted” on them by the nursery, paediatrician or official.
This approach has been clearly described, for example, by the Constitutional Court, which has repeatedly emphasised that compulsory vaccination in the Czech Republic is not enforced by force, but through the legal consequences associated with non-compliance. In other words: The state can impose an obligation and respond to its violation, but not physically force parents or children to vaccinate. Thus, vaccination remains a parent’s decision, even though there may be legal consequences for that decision (typically misdemeanor proceedings or restrictions on kindergarten admission).
The same conclusion was confirmed by the European Court of Human Rights in the landmark case of Vavřička and Others v. Czech Republic. There, the Court explicitly stated that the Czech system of compulsory vaccination is based on indirect coercion – typically in the form of a fine or failure to admit an unvaccinated child to kindergarten – and that the absence of physical coercion is a key element of its constitutional acceptability. That is why, according to the court, there is no violation of fundamental human rights even if parents do not agree to vaccination.
From a legal perspective, then, it is crucial to understand that compulsory vaccination is a system of rules that gives parents a choice – but with an awareness of the possible consequences. And it is these consequences, not the vaccination itself, that the state actually enforces.
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Compulsory vaccination of children: what moms have to deal with in the first years of a child’s life
In the first years of a child’s life, parents encounter the so-called regular vaccinations, which are considered mandatory. Typically, these are combination vaccines (the so-called hexavaccine) and vaccinations against measles, rubella and mumps. Legislation specifies not only what is to be vaccinated against, but also the time frame in which the vaccination is to be given.
It is surprising to many moms to find that the law does not work with absolute “to the day” deadlines. The decree allows vaccinations to be postponed if the child’s health requires it. In practice, this means that the doctor can – and should – take into account the child’s individual situation. Nevertheless, parents are often faced with pressure such as “you have to do it today, otherwise you are breaking the law”, which is not always true.
A typical example from our practice is the mother of a two-year-old child who repeatedly suffered strong reactions after vaccinations. Therefore, she asked for a postponement of the next dose. The paediatrician insisted on immediate vaccination, saying that “otherwise he would report it”. After legal consultation, it became clear that the doctor did not have the authority to sanction the parents and that there was room for individual assessment of medical contraindication.
Therefore, you should know that you are a partner in making decisions about your child’s health and that the law is often more on your side than it may seem.
Covid vaccination: Mandatory, recommended or voluntary?
Covid vaccination is one of the most common questions that mothers ask legal advice centres. And the answer is currently clear: vaccination against covid-19 is not compulsory in the Czech Republic – neither for children nor for adults.
It is true that in the past there have been attempts to make covid vaccination compulsory for selected groups of the population, for example, people over 60 or certain professions. However, these plans were never fully implemented and the relevant decree was amended before it could have any real impact.
In practice, however, there are still cases where parents feel that without the covid vaccination their child will not be accepted into a team, club or school event. Such demands have no basis in law. Should a parent encounter them, increased caution – and often legal advice – is in order.
For example, we dealt with a case where a primary school made a child’s attendance at a school placement conditional on ‘recommended vaccinations’. Here we need to be careful: the school can only ask parents to do what is supported by the law (or the current emergency measure). The covid-19 vaccination itself is not normally a legal requirement for participation in school activities. However, special health rules may apply for some residential events (for example, medical fitness and documentary requirements under the Public Health Act), which is always a good idea to assess according to the specific event and its arrangements.
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Exemptions from compulsory vaccination: when the law gives way to reality
Czech law remembers that not every child can be vaccinated. Medical contraindications are the most common and obvious exception. If a doctor confirms that vaccination could harm the child, the obligation falls away. Such a certificate carries strong legal weight – for example, when entering kindergarten.
A more complex and often misunderstood area is the so-called conscientious objection. This is not an exception that the law explicitly describes or automatically recognises. Conscientious objection has arisen primarily in the decision-making practice of the courts and means that a parent refuses vaccination on deep and long-standing moral, ethical or philosophical grounds, not out of convenience, momentary fear or the influence of a single negative experience.
Simply put: The conscientious objection is not “I don’t like vaccination” but “vaccination conflicts with my fundamental values by which I have long lived and made decisions.”
The courts have repeatedly emphasized that there must be such an objection:
- long term (it is not a sudden decision under pressure),
- consistent (the parent acts according to these principles in other areas of life),
- authentic (it is not an expedient argument to avoid an obligation).
In practice, this means that simply saying “I am afraid of vaccination” or “I have read about the side effects” is usually not enough. However, if a parent can demonstrate that their attitude is well thought out, sustained and internally consistent, it may play a role in the consideration of a possible fine or other sanction.
This is precisely what the courts confirmed in the so-called Vavřička case, where it was said that a fine for non-vaccination does not in itself violate fundamental rights, but at the same time it is not possible to proceed mechanically and without taking into account the specific circumstances of the family. Each case must be assessed individually – and that is where the scope for legal argumentation and the assistance of a lawyer comes in.
What is at risk if you do not have your child vaccinated
The most common fear of mothers is: “Will my child be taken away?” The answer is clear: no, not vaccinating alone is not a reason to take a child away. But in practice, there may be other consequences.
According to the Public Health Protection Act, an administrative fine can be imposed on the legal guardian of a child who fails to comply with the compulsory vaccination. The maximum amount of this fine is up to CZK 10 000.
Typically, the health authority does not automatically initiate proceedings simply because a child is not vaccinated. In practice, it only comes to the matter when it becomes aware of non-vaccination – most often following a notification from a paediatrician, or during an inspection in connection with the child’s entry into kindergarten or when dealing with an epidemiological situation. However, information on non-vaccination alone does not automatically mean that the parent will be fined.
The health authority first launches an administrative investigation to establish the circumstances of the case. The parent is asked to comment on the matter, to provide his or her reasons and any supporting documents – for example, the child’s state of health, a doctor’s recommendation, deferred vaccination or other relevant facts. Only if the authority concludes that the obligation has been breached without a legal reason can it initiate administrative proceedings for an offence.
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However, even at this stage the fine is not automatic. The sanitary station has to assess the seriousness of the violation, the age of the child, the parents’ previous attitude, the level of cooperation and whether it is the first case. In practice, therefore, it is often the case that the proceedings end in a settlement, dismissal of the case or the imposition of a symbolic sanction. A fine of thousands of crowns is more likely to be imposed in cases of a long-term and completely refusing attitude of the parents without any effort to resolve the situation.
It is at this stage that it is worth taking legal advice – a well-worded statement, evidence of the circumstances and knowledge of the parent’s rights can make all the difference to the outcome of the proceedings. It is not just a question of whether or not the child is vaccinated, but what the specific reasons were and how the parent approaches them.
Another consequence may be the non-admission of the child to kindergarten. In the case of pre-school education, vaccination is indeed required by law, except for medical reasons. This is a frequent source of conflict and questions – and an area where it pays to know the exact rules.
We have encountered cases where a preschool has refused a child illegally, for example, requiring vaccinations beyond the ordinance or refusing to recognize a medical exemption. In these situations, a legal defense is not only possible, but often successful.
When it makes sense to contact an attorney
If you find yourself in a situation where you are facing a fine, the daycare is refusing your child, or you feel that you are being put under undue pressure, it is good to know that you are not alone. Legal help makes sense, especially when health, parenting and legal issues start to intersect.
We help parents navigate what they really need to do, what can be resolved by agreement and where they no longer need to defend themselves. Often all it takes is one consultation to calm the situation – and for a parent to know that they have rights, not just responsibilities.
Summary
Compulsory vaccination of children is provided for by law in the Czech Republic, but does not mean the possibility of physical coercion to administer the vaccine. The state cannot “forcibly” re-vaccinate anyone – the obligation is enforced indirectly, mainly through possible sanctions or restrictions, typically when a child is admitted to kindergarten. The most common and strongest exception to compulsory vaccination is medical contraindications confirmed by a doctor, in addition to which a parent’s long-standing and consistent attitude, referred to as conscientious objection, may play a role in individual cases. Covid vaccination is not currently compulsory. If a parent refuses the compulsory vaccination, the health authority can launch an administrative investigation, but the fine is not automatic – there must always be a procedure in which the parent has the right to express and defend himself or herself, and in practice it often happens that the sanction is not imposed at all or is significantly reduced. The courts, including the Constitutional Court and the European Court of Human Rights, have repeatedly confirmed that this system is constitutionally permissible precisely because it respects the individual circumstances of each case, and it is here that there is scope for legal aid and protection of the rights of parents and children.
Frequently Asked Questions
Can a pediatrician refuse to register or continue to treat a child if they are not vaccinated?
Non-vaccination alone is usually not a legal reason for a paediatrician to refuse to register a child or provide care. However, a physician may refuse to admit a child to (registering) care for other legal reasons – typically because of full capacity, lack of a contract with an insurance company, or out of driving distance. And even if a child is not registered, urgent care cannot be refused.
Do I have to report my child's non-vaccination to any authorities myself?
No. The parent is not required to actively report non-vaccination to the health department. In practice, the health station will most often learn about the situation through the paediatrician or when dealing with the child’s entry into kindergarten. Failure to report non-vaccination is not in itself a violation of the law.
Can an unvaccinated child be excluded from kindergarten during the school year?
Yes, but only in exceptional situations. Typically, when an epidemic is declared, when it is necessary to protect other children in the collective. This is not an automatic or permanent exclusion, but a temporary measure that must have a legal basis and a clear justification.
Is there a fine even if I only postpone vaccination, not permanently refuse?
In most cases, no. If a parent postpones vaccination for specific reasons (for example, the child’s health condition, a doctor’s recommendation or an ongoing examination) and communicates with the paediatrician, the health stations do not usually impose a fine. Open communication and documentation of the reasons for the deferral is key.
Can not vaccinating affect areas other than daycare and fines?
Not in standard situations. Non-vaccination per se does not affect parental rights, child custody or the courts’ decision on custody. It may only be relevant in extreme cases, for example, if a parent has long refused any health care that endangers the child’s health – and this does not apply to vaccinations per se, but to the overall approach to childcare.
