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17

Oct
2024

Legal news

Public law

17/ Oct
2024

Legal news

Public law

Bill no. 1101 making compulsory certain vaccinations previously recommended for children

Government Bill no. 1101, which makes certain childhood vaccinations that were previously recommended compulsory, was received by the National Council on 3 October 2024, was tabled in Public Session on 8 October 2024 and referred to the Committee on Social Interests and Miscellaneous Affairs (CISAD).

It amends Law no. 882 of 29 May 1970 on compulsory vaccination, and repeals Law no. 1.034 of 26 June 1981 on smallpox vaccination.

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CONTENT OF THE REFORM

¤ Updating the list of compulsory vaccinations (harmonisation with French legislation)

→ On the one hand, for people born on or after 1 January 2025, making several vaccinations compulsory in the Principality (as in France for people born after 2017) which are currently only recommended from an early age:

  • Vaccination against whooping cough, invasive Haemophilus influenzae type b infections, hepatitis B virus, invasive pneumococcal infections, meningococcal disease of several serogroups, measles, mumps and rubella.
  • The conditions (according to the ages and vaccination schedule set out in the vaccination calendar in force in the neighbouring country) are laid down by Sovereign Order.
  • An obligation to vaccinate may be suspended by Sovereign Order if it is justified by changes in the epidemiological situation and medical and scientific knowledge.

This update is motivated by the need to strengthen the protection of individual and collective health, and to facilitate "the admission of Monegasque children, or children residing in Monaco, to certain French facilities that are required to admit only children whose vaccinations are up to date". (Explanatory memorandum to Bill no. 1.101)

→ Secondly, with regard to the population as a whole, to put an end to compulsory anti-tuberculosis vaccination (as has been the case in France since 2007, where it is recommended for at-risk population categories).

This abolition is motivated by "the low incidence of tuberculosis in Monaco and in the neighbouring country’, without ruling out the possibility of reinstating this vaccination requirement in the event of a change in the health situation, the lifting of the suspension of the requirement by the neighbouring country or a request from international bodies to reinstate it". (Explanatory memorandum to Bill no. 1.101)

¤ Compulsory vaccination and revaccination in the event of an epidemic or threat of epidemic to be carried out by Decision of the Minister of State, rather than by Ministerial Order

The reason for this change is to ensure "consistency with the provisions of Law no. 1.430 of 13 July 2016 on various measures relating to the preservation of national security and Sovereign Order n° 6.387 of 9 May 2017 on the implementation of the International Health Regulations (2005) with a view to combating the international spread of diseases (....), which respectively provide that measures that may be taken under the general police policy or in the event of a risk to public health that may constitute or constitutes a public health emergency of international concern shall be taken by decision of the Minister of State’". (Explanatory memorandum to Bill no. 1.101)

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