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Vaccination of people with limited legal capacity

For vaccination against covid-19, the same rules apply to the approval of consent to vaccination as for any vaccination before the state of emergency had been proclaimed. No different rules are issued for vaccination against covid-19.

For example, if a person with limited legal capacity whose vaccination is approved by the guardian is able to formulate his or her disagreement, the vaccination point personnel cannot ignore it. They cannot act based solely on the guardian's opinion and the guardian must proceed as in any other case of a fundamental conflict between the guardian's will and that of the ward. (cf. in particular §100 para. 1, para. 2 of the Civil Code, Title II Part 2, Section 2 of the Civil Code, § 2638 para. 2, civil code; § 34 para. 7, § 35 and subsequent Act on Health Services). There is no change in this legislation and all participants are obliged to proceed in the same way as in the pre-state-of-emergency period.

We recommend to guardians and guardianship councils who are not sure of the correct procedure to increase awareness, for example, the infographic of the Office of the Public Defender of Rights (only in Czech) to vaccinate clients with limited legal capacity in residential social services.

The Ombudsman also issued recommendations (only in Czech) concerning clients with other support measures (decision-making assistance, representation by a household member, the appointment of a guardian without the restriction of their rights) or clients without a support measure who are unable to give their consent.