Penalization of Non-Compliance With the Covid-19 Vaccination: To Be or Not to Be?

Abstract

The aim: This paper is aimed to identify criteria with regard to which government should evaluate whether criminal penalties for non-compliance with the Covid-19 vaccination can be envisaged and reveal the community’s attitude to support such criminalization. Materials and methods: This research is based on the analysis of the case-law of the European Court of Human Rights, Supreme Court of the US, and Supreme Court of Ukraine; statistical database, in particular of the World Health Organization and survey of 100 Ukrainian residents. During the research of the stated issue systematic method, formal-legal method, comparative method and case study method were used. Results: In total 100 respondents participated in the survey, of which 27 (27 %) are health care workers (17 doctors, 9 nurses and 1 medical registrar). 39 % of respondents supported the mandatory vaccination against Covid-19 for adults and 21 % have not yet decided. Almost the same results pertain to the compulsory vaccination of doctors and representatives of other target groups (retired, teachers, etc.) (supported by 52 % and 48 % respectively). By contrast, the compulsory Covid-19 vaccination of minors was supported only by 20 % respondents. Conclusions: The international human rights law provides grounds to impose mandatory vaccination to control the spreading of Covid-19. Such vaccination constitutes the intervention with the right to physical integrity and can be justified only when it is clearly provided by law, pursue the legitimate aim of the protection of public health, and is necessary for a democratic society. This survey highlights the need to critically evaluate the implementation of non-compliance penalties to determine their effectiveness. Despite the well-recognized efficiency of the vaccination against Covid-19, society is still hesitant whether a mandate for such vaccination should be delivered and more reluctantly accepts other containment measures. Criminal penalties for non-compliance with Covid-19 vaccination are consistently opposed by society that pertains to the historical background on vaccination policy in a certain country.