Compulsory Vaccination for Children: Violation of Human Rights?

Abstract

Immunisation protection includes vaccination programme that is very crucial to prevent the spread of disease among children or those with low immune systems. However, the cases of contagious diseases such as measles have increased dramatically in many countries around the world, including Malaysia. This may be partly due to the rise of certain groups or movements that do not believe in the efficacy of the vaccines. This paper outlined the scenario and existing framework on the administration of the vaccines in Malaysia, with respect to the practices of some countries namely the United State, Italy and Singapore on the implementation of the immunisation programme to its community. Subsequently, this paper highlighted the issues on compulsory vaccination on whether it violated the fundamental liberties incorporated in the Federal Constitution. The researchers adopted a doctrinal approach, whereby materials were compiled from the Malaysian and other jurisdictions’ legislations, case laws, journal articles, and databases. This paper is intended for policymakers as well as the public to understand the possibility for implementing compulsory vaccinations from a legal perspective.

Herd Immunity Against Covid-19: Considerations for Compulsory Vaccination for Employees in Malaysia

“…All rights granted by the Federal Constitution are subject to limits. The rights granted to a citizen shall be considered by the court based on the facts and circumstances of each case (Khan et al, 2021).…”

“…Moreover, the European Convention on Human Rights (ECHR) judgement no. 116 (2021) of April 8 2021 established the principle of mandatory vaccination, specifying the requirements that national law must adhere to the principle of non-interference in the private life of the individual (Khan et al, 2021).…”

“…Mandatory vaccination is legitimate in the view of protecting the community from vaccine-preventable diseases, no exemptions should be given unless a medical reason is provided. Nevertheless, the government must strike a reasonable balance between the necessity to provide effective prevention and the right to selfdetermination of those who do not desire to receive health care (Khan et al, 2021).…”