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