ABSTRACT
The Corona virus disease was first discovered in Wuhan, China and spread to other parts of the world such as United Kingdom, Nigeria amongst others, thereby resulting in a global pandemic. This led to the total lockdown of schools, hospitality centers, recreation centers as well as restriction of travel both local and international. This had a ripple effect on the social, economic sectors of countries all over the world. However, a glimmer of hope shone on the 31st December, 2020 when World Health Organisation for the first time validated a Covid -19 vaccine – the Comirnaty COVID-19 mRNA vaccine for emergency use. Since then, several countries, in order to effectively combat the virus have readily provided Covid 19 vaccines to its citizens. This essay therefore seeks to highlight the legal implications of the Covid-19 vaccine and examine whether the human rights of citizens has in any way been infringed upon.
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LEGAL IMPLICATIONS OF THE COVID 19 VACCINE: A BREACH OF HUMAN RIGHT?
The entire world paused for a moment on the emergence of Covid-19, an infectious disease caused by a recently discovered corona virus. This disease was first discovered in Wuhan City, China[1]and has since then claimed lives at an alarming rate and brought major social and economic disruptions. For instance as of December 31st, 2020, Covid-19 had infected over 82 million people and killed more than 1.8 million worldwide.[2] Several countries all over the world had to adopt numerous health, social and economic measures ranging from physical distancing, early detection, active surveillance and case management, total lockdown ,travel restrictions, distribution of palliative and awarding of grants to assist affected small start-ups and businesses in order to cushion the impact of the disease on its residents. In Nigeria for instance, as at March 2020, the Federal Ministry of Education ordered the closure of all schools for six whole months [3]as one of the many meditated steps to control the spread of corona virus. These measures were not significantly effective ,the world needed a quick fix, in order for normalcy to be restored hence the invention as well as speedy distribution of various COVID-19 vaccines which has consequently reduced the incidence of transmission, new cases of infection, hospitalization and death by slowing down each time the virus “jumps” from one person to the next.[4]
It is common knowledge that actions have consequences, inevitably, the emergence of Covid-19 vaccine have raised several legal questions such as whether covid-19 vaccine passport and compulsory vaccination would not amount to breach of fundamental human rights.
The Covid-19 Vaccine passport is regarded as a health pass, documents in paper or digital format that certifies the unlikelihood of a person to contract or spread the disease[5]. Many countries such as Cyprus, Czechia, Denmark, Estonia, Greece amongst others permit restriction-free entry for persons who hold such documents[6]. An implementation of policy that mandates the possession of Covid -19 vaccine passports before travelling would on a cursory look amount to a breach of the right to freedom of movement as provided by Article 13 of the United Declaration of Human Right which states that “Everyone has the right to freedom of movement and residence within the borders of each state”. It also provides that “Everyone has the right to leave any country, including his own, and to return to his country.” However, this right is not absolute, there are instances where the limitation of this right would be justified such as for reasons of public health and safety[7]. Hence, it can be deduced that Covid-19 vaccine passport would not amount to a violation of right to freedom of movement.
Covid-19 vaccinations have become increasingly available to the public, a number of schools like Rutgers University have required the full vaccination of students before they are allowed to return on campus[8]. The question whether or not mandatory Covid- 19 vaccination would be deemed legal is not an easy one because in order for the court to approve mandatory vaccination it has to be a drug that has the full approval from the Food and Drug Administration, commonly known as the FDA and so far none of the covid-19 vaccines has been approved by the FDA hence it can be deduced that the court would not be able to order mandatory vaccination. There is also the issue of whether mandatory vaccination will not amount to violation of right to freedom of conscience and religion because people reject vaccinations based on conscientious objections and religious ground in order to buttress this point, the Vanderbilt University Medical Center stated that “most religions have no prohibition against vaccinations but the two common objecting religions are ‘Christian Scientists’ and ‘Dutch Reformed Congregations’[9].Article 18 of the Universal Declaration of Human Right provides that “everyone has the right to freedom, thoughts, conscience and religion ; this includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private to manifest his religion or belief in teaching, practice , worship and observance.” Mandatory vaccinationn of students might also on a cursory look appear to be a violation of Article 12 of the UDHR which states that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” However, these rights are not absolute, and their violation would be lawful if it is: “(1) in accordance with the law; (2) in the interests of national security, public safety, or the economic well-being of the country, for the prevention of the disorder of crime, for the protection of health or morals, or for the protection of the rights and freedoms of others; and (3) that such interference is necessary in a democratic society”[10]. and interference by public authorities would be considered legitimate if it is on the basis of law, necessary and proportionate.
In conclusion, Covid-19 has raised several legal implications directly related to the violation of human rights, but if necessary and proportionate measures are put in place in the interest of health and safety, these issues would not only be resolved but, it would also ensure that the state fulfills its positive obligation to protect the right to life which is paramount[11]. In L.C.B v The United Kingdom, it was held that “the state must not only refrain from the intentional and unlawful taking of life but also take appropriate steps to safeguard the lives of those within its jurisdiction”[12]
BIBILOGRAPHY
NEWSPAPER ARTICLES
Bamidele M. (2021, 28 June). Covid-19 Vaccine Passport: What It Is and Do You Need One? The Guardian.
WEBSITE
WHO (2019). Coronavirus disease 2019(COVID-19) Situation Report.https://www.who.int/emergencies/diseases/novel-coronavirus-2019
WHO (2020). The Impact of Covid-19 on Global Health Goals. https://www.who.int/news-room/spotlight/the -impact-of-covid-19-on-global-health-goals
Syra Madad & Katelyn Jetelina. Positive Impact of COVID-19 Vaccines at the Individual and Population Level. https://www.belfercenter.org/publication/positive-impact-covod 19-vaccines-individual-and-population-level
Vanderbilt Occupational Health Clinic, Immunizations and Religion (2013). https://www.vumc.org/health-wellness/news-resource-articles/immunizations-and-religion/
LAW REPORTS
Traditional Rights and Freedoms- Encroachments by Commonwealth Laws (ALRC Report 129)
JOURNALS
E Walkinshaw (2011). ‘Mandatory vaccination: The Canadian Picture,” Canadian Medical Association Journal 183/16 (2011).
[1] WHO (2019). Coronavirus disease 2019(COVID-19) Situation Report. Retrieved August 10,2021 from https://www.who.int/emergencies/diseases/novel-coronavirus-2019
[2] The Impact of Covid-19 on Global Health Goals. Retrieved August 15,2021 from https://www.who.int/news-room/spotlight/the -impact-of-covid-19-on-global-health-goals
[3]Ebohon O. Obienu, A.C. Iraboret al. “Evaluating the impact of COVID-19 pandemic lockdown on education in Nigeria: Insights from teachers and students on virtual/online learning”. Bull Natl Res Cent 45,76(2021)
[4] Syra Madad & Katelyn Jetelina. 2920. Positive Impact of COVID-19 Vaccines at the Individual and Population Level. Retrieved on 15th August from https://www.belfercenter.org/publication/positive-impact-covod 19-vaccines-individual-and-population-level
[5] Michael Bamidele. Covid-19 Vaccine Passport: What It Is and Do You Need One? m.guardian.ng/life/covid-19-vaccine-passport-what-it-is-and-do-you-need-one/ retrieved on 12th August 2021 at 12 noon.
[6]The EU vaccine ‘passport’ and what it means for travel http://www.google.com/amp/s/www.bbc.com/news/explainers-57665765.amp retrieved on 14th August 2021 at 4pm.
[7] Traditional Rights and Freedoms- Encroachments by Commonwealth Laws(ALRC Report 129) http://www.alrc.gov.au/publiction/traditional-rights-and-freedoms-encroachments-by-commonwealth-laws-alrc-report-129/7-freedom-of-movement/justifications-for-limits-on-freedom-of-movement/ retrieved on 14th August 2021 at 4.10pm
[8] Michael J. Vernick, Molly E. Whitman & McKenzie F. Miller advise colleges on the legal issues related to vaccine mandates. https://www.insidehighered.com/views/2021/05/25/advice-legal-issues-related-vaccine-mandates-opinion
[9] Vanderbilt Occupational Health Clinic, Immunizations and Religion (2013). Available at https://www.vumc.org/health-wellness/news-resource-articles/immunizations-and-religion/
[10] European Court of Human Rights, “Guide on Article 8 of the European Convention on Human Rights- Right to respect for private and family life,” (December 31,2016). https://www.echr.coe.int/documents/guide_art_8_eng.pdf.
[11] Enhorn v Sweden App No. 56529/00. European Convention on Human Rights, note 2, article 2.
[12] L.C.B. V United Kingdom App no. 14/1997/798/1001
