Compulsory Vaccination of Covid-19: A Dilemma Between Ensuring Public Health and Respecting Individual Freedom
In recent years, due to the COVID-19 pandemic, the world has suffered and undergone a radical transformation. At the beginning of 2020, the world was at the mercy of the COVID-19 pandemic. However, a ray of hope shone upon the world with the development of COVID-19 vaccination. Even though everyone...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
UUM Press
2024
|
| Subjects: | |
| Online Access: | https://repo.uum.edu.my/id/eprint/30481/1/UUMJLS%2015%2001%202024%2071-95.pdf https://doi.org/10.32890/uumjls2024.15.1.4 |
| _version_ | 1803629925634146304 |
|---|---|
| author | Bashar, Zahirul Mahboob, Sabrina Mahisha |
| author_facet | Bashar, Zahirul Mahboob, Sabrina Mahisha |
| author_sort | Bashar, Zahirul |
| collection | UUM |
| description | In recent years, due to the COVID-19 pandemic, the world has suffered and undergone a radical transformation. At the beginning of 2020, the world was at the mercy of the COVID-19 pandemic. However, a ray of hope shone upon the world with the development of COVID-19 vaccination. Even though everyone needs to get vaccinated, it prompts a question about whether people can be forced to get vaccinated or if they should be able to choose for themselves. A welfare state must protect its citizens’ health. Despite this, citizens have reasons to be vaccinated against the virus. This paper discusses the abovementioned issue by analyzing judicial decisions, international legal instruments and contemporary data on pandemic situations. This study aimed to address the dilemma of mandatory vaccination and the independence of those who choose to vaccinate. The study revealed that a state can impose mandatory vaccination in certain situations, subject to legal and practical constraints. In contrast, individual freedom is always respected because human rights are vested in international and domestic law. While enforcing vaccination policies, an equitable balance between an authoritarian measure to protect public health and granting an exception to specific individuals, as well as honouring human rights, is the paramount approach. |
| first_indexed | 2024-07-04T06:45:36Z |
| format | Article |
| id | uum-30481 |
| institution | Universiti Utara Malaysia |
| language | English |
| last_indexed | 2024-07-04T06:45:36Z |
| publishDate | 2024 |
| publisher | UUM Press |
| record_format | dspace |
| spelling | uum-304812024-02-27T15:22:56Z https://repo.uum.edu.my/id/eprint/30481/ Compulsory Vaccination of Covid-19: A Dilemma Between Ensuring Public Health and Respecting Individual Freedom Bashar, Zahirul Mahboob, Sabrina Mahisha K Law (General) In recent years, due to the COVID-19 pandemic, the world has suffered and undergone a radical transformation. At the beginning of 2020, the world was at the mercy of the COVID-19 pandemic. However, a ray of hope shone upon the world with the development of COVID-19 vaccination. Even though everyone needs to get vaccinated, it prompts a question about whether people can be forced to get vaccinated or if they should be able to choose for themselves. A welfare state must protect its citizens’ health. Despite this, citizens have reasons to be vaccinated against the virus. This paper discusses the abovementioned issue by analyzing judicial decisions, international legal instruments and contemporary data on pandemic situations. This study aimed to address the dilemma of mandatory vaccination and the independence of those who choose to vaccinate. The study revealed that a state can impose mandatory vaccination in certain situations, subject to legal and practical constraints. In contrast, individual freedom is always respected because human rights are vested in international and domestic law. While enforcing vaccination policies, an equitable balance between an authoritarian measure to protect public health and granting an exception to specific individuals, as well as honouring human rights, is the paramount approach. UUM Press 2024 Article PeerReviewed application/pdf en cc4_by https://repo.uum.edu.my/id/eprint/30481/1/UUMJLS%2015%2001%202024%2071-95.pdf Bashar, Zahirul and Mahboob, Sabrina Mahisha (2024) Compulsory Vaccination of Covid-19: A Dilemma Between Ensuring Public Health and Respecting Individual Freedom. UUM Journal of Legal Studies (UUMJLS), 15 (1). pp. 71-95. ISSN 2229-984X https://e-journal.uum.edu.my/index.php/uumjls/article/view/15265 https://doi.org/10.32890/uumjls2024.15.1.4 https://doi.org/10.32890/uumjls2024.15.1.4 |
| spellingShingle | K Law (General) Bashar, Zahirul Mahboob, Sabrina Mahisha Compulsory Vaccination of Covid-19: A Dilemma Between Ensuring Public Health and Respecting Individual Freedom |
| title | Compulsory Vaccination of Covid-19: A Dilemma Between Ensuring Public Health and Respecting Individual Freedom |
| title_full | Compulsory Vaccination of Covid-19: A Dilemma Between Ensuring Public Health and Respecting Individual Freedom |
| title_fullStr | Compulsory Vaccination of Covid-19: A Dilemma Between Ensuring Public Health and Respecting Individual Freedom |
| title_full_unstemmed | Compulsory Vaccination of Covid-19: A Dilemma Between Ensuring Public Health and Respecting Individual Freedom |
| title_short | Compulsory Vaccination of Covid-19: A Dilemma Between Ensuring Public Health and Respecting Individual Freedom |
| title_sort | compulsory vaccination of covid 19 a dilemma between ensuring public health and respecting individual freedom |
| topic | K Law (General) |
| url | https://repo.uum.edu.my/id/eprint/30481/1/UUMJLS%2015%2001%202024%2071-95.pdf https://doi.org/10.32890/uumjls2024.15.1.4 |
| work_keys_str_mv | AT basharzahirul compulsoryvaccinationofcovid19adilemmabetweenensuringpublichealthandrespectingindividualfreedom AT mahboobsabrinamahisha compulsoryvaccinationofcovid19adilemmabetweenensuringpublichealthandrespectingindividualfreedom |