Corona Daily 242: Can We Be Forced to Get a Covid Vaccine?

Can democratic nations make covid vaccinations mandatory? Does such a mandate clash with the concept of individual liberty? Are we the sole judge of what can be done with our bodies or can the state legislate to stick a needle in them?

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So far, only the governor of Sao Paulo has announced he will vaccinate all 45 million residents through a legal mandate. Brazil’s president Bolsonaro, a Trump twin, is against. But Bolsonaro forgets that in February Brazil passed emergency legislation that allows mandatory vaccination. The Sao Paulo governor doesn’t yet have the vaccine, but the Chinese coronavac is a top contender.

In 1904, Rio de Janeiro was in the grip of a smallpox epidemic. Sanitary workers accompanied by the police were authorized to enter people’s homes to vaccinate them. People rioted, with a few dozens killed. This was known as the Vaccine Revolt.

A couple of years before that, Massachusetts had adopted a law to make smallpox vaccination obligatory. Failure attracted cash fines. The courts upheld the mandate by dismissing the challenges.

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Democratic nations currently may have compulsory vaccination in three areas. (a) School going children (b) military and (c) healthcare workers.

American laws require vaccination for students. In France, parents can be punished if children miss vaccinations. India relies on ancient British laws, and certain state laws. Where acceptance is widespread, vaccines appear to be voluntary.

US military troops must be immunized against tetanus, diphtheria, hepatitis A, polio and other diseases. Hospital doctors and staff may be required vaccination against pertussis, chickenpox, measles, mumps and rubella.

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Let’s talk specifically about the Covid-19 vaccines.

First, until FDA and other regulatory bodies issue a full licence, a vaccine can’t be made mandatory by the State. Vaccines given an EUA (Emergency Use Authorisation) are considered investigational. Their long-term impact is not known. It may take a few years before any Covid vaccine gets a full licence. In the past, Anthrax (2005) vaccine has been the only one where the FDA had issued an EUA.

Secondly, unless vaccines are widely available, they can’t be made compulsory. Again, until 2022, it is not certain the vaccine supply will be able to meet the population size.

Thirdly, children and pregnant women have not been included in any trials. An EUA can’t allow untried sections of the populations to be vaccinated.

Fourth, the cost of the vaccines. Unless they are supplied free of cost or very cheaply, a government doesn’t have the moral ground to make the covid vaccine mandatory.

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There are ways, though, to make vaccines mandatory without passing laws. Qantas, the Australian airline which calls itself the safest airline, has announced vaccines will be mandatory to fly Qantas. This is not fantasy. Today, to board an Emirates flight to Dubai, all passengers must present a negative Covid-19 test certificate. When my family went to Kenya on vacation, all of us had to queue up to take a yellow fever vaccine, with a document to prove it.

Employers have the right to make vaccines mandatory for employees. To be fair, in such a case the employer should sponsor the vaccines. In 2001, when I worked in Poland, my employer had arranged a drive in the office for an influenza vaccine. People generally don’t resist vaccine mandates by those who give them monthly paychecks.

Depending on the length of the pandemic, and vaccine availability; sports stadiums, music concerts, cinemas, restaurants can all require a “COVID-19 vaccine certificate” for entry. The Indian biometric ID, Aadhar, issued to 1.3 billion Indians, is legally not mandatory. But without it, Indians can’t open bank accounts, buy sim cards, execute agreements, buy or sell apartments.

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I hope by 2022, the world will be reasonably free of the coronavirus. I don’t really fancy the idea of carrying a vaccine certificate to attend a music concert.

Ravi