Abstract

After a brief overview of what is generally meant by “informed consentµ in the field of bioethics, the essay examines the way in which Jürgen Habermas has tried to use the principle of solidarity to legitimise all the health policy decisions taken during the Covid-19 emergency. Focusing on compulsory vaccination, the essay analyses a recent decision of the Italian Constitutional Court and addresses the philosophical-legal question of the distinction between duty and burden. The paper concludes by asking whether, despite the planned compulsory vaccination, the requirement for consent has compromised the true meaning of free and informed consent