Several companies and universities have announced plans to roll out mandatory vaccination measures starting in January 2022.
Last month the SA Human Rights Commission found mandatory Covid-19 vaccination would not necessarily be a human rights infringement.
The commission said a general law compelling South Africans to get vaccinated would be constitutionally sound under the right circumstances. However, it called on government to first explore all options to encourage voluntary vaccination. “The constitution protects several individual rights. These include the right to health, life, freedom of religion, a healthy environment and freedom and security of person. The right of security in and control over one’s body and the right not to be subjected to medical or scientific experiments without one’s informed consent are included.
“Limitation is reasonable. However, the constitution does provide for the Bill of Rights to be subject to limitations: Therefore, the rights of individuals, save for non-derogable rights can be limited in terms of section 36 of the constitution, firstly, when the limitation of these rights is done in terms of a law of general application, that is if the state passes a law that articulates a general compulsory Covid-19 vaccination regime.
“This means it would be ‘constitutionally permissible’ to require people to vaccinate provided this is done in accordance with the processes stipulated in the constitution,” it said.
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