Why Covid-19 vaccination should be mandatory in SA

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Why Covid-19 vaccination should be mandatory in SA
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Vaccine mandates are justifiable on multiple levels, based on the common good and a public health ethics framework, argues Keymanthri Moodley.

In recent months, the question of mandatory Covid-19 vaccination or limitations on those who choose not to be vaccinated has become a hot topic. In many countries, healthcare professionals and care home workers in facilities for the aged or disabled must be vaccinated as an occupational requirement. They are duty bound to accept a vaccine because of their non-negotiable pledge to avoid harm to patients, colleagues and their own families.

Less attractive measures are being implemented in other settings, such as weekly Covid-19 testing for the unvaccinated. Some countries are restricting access to venues like cinemas, nightclubs, concert halls and indoor restaurants. South Africa, too, is grappling with the question of vaccine mandates. As a bioethicist, I have no doubt: ethically, vaccine mandates are justifiable on multiple levels, based on the common good and a public health ethics framework.

These principles are reflected in Section 36 of the South African Constitution, which deals with the limitation of rights. The National Health Act No. 61 of 2003 also applies – it contains regulations relating to notifiable medical conditions. So too does the Disaster Management Act. The South African Bill of Rights specifies that any limitation must be “reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom”. It also requires that the restriction be proportional to the purpose of the limitation. So the bigger the risk to public health, the larger the restriction may be on individual rights.

It is clear that, based on its existing legal framework, South Africa can legitimately introduce a mandatory vaccination policy for specific occupational environments and leisure activities.

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