Communicated on 11 January 2021 Published on 1 February 2021

SECOND SECTION

Application no. 20874/18 Dragana BAÅ A against Serbia lodged on 25 April 2018

SUBJECT MATTER OF THE CASE

The application concerns the compulsory vaccination of persons in Serbia, including the compulsory vaccination of preschool/school-going children. In his application, the applicant, a parent, relies on various provisions of the Convention, as well as on Protocol No. 1 and Protocol No. 12 thereto. Ultimately, the Constitutional Court ruled against the applicant and a number of other appellants who had raised the same issues before it.

QUESTIONS TO THE PARTIES

1. Are the applicant ’ s complaints compatible with the provisions of the Convention, ratione personae , in so far as they relate to the compulsory vaccination of preschool/school-going children?

2. Has the applicant exhausted and/or properly exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?

3. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?

4. Did the applicant have a fair hearing in the determination of her civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the Constitutional Court ’ s reasoning in the present case in breach of the applicant ’ s “right to a reasoned decision” within the meaning of that provision?

5. Has there been an interference with the applicant ’ s right to respect for her private and/or family life, within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?

6. Has the applicant suffered discrimination contrary to Article 14 of the Convention, read in conjunction with Article 2 of Protocol No. 1, and/or in breach of Article 1 of Protocol No. 12?