Compulsory vaccination?
We are seeing long lines of people waiting for their turn to get their COVID-19 vaccine not just in Metro Manila but also in our province. In Manila, crowds flocked the vaccination sitesbecause of the “fake news” circulated in social media that unvaccinated people will not get cash aid from the government and will not be allowed to go outside their homes.
For the country’s vaccination program, the multitude of people lining up to get their jabs may be considered a success indicator of the program. However, it is for the wrong reason. It is fueled by fear of not getting any help from the government, or worst, by the threat of curtailment of the freedom for the unvaccinated. Perhaps, what drives the panic is the fear of the Delta variant, which is found to be highly contagious and more likely to cause hospitalization, especially for the unvaccinated.
Vaccination against COVID-19 is not mandatory in the Philippines. But the government highly encourages the public to get vaccinated and be protected against preventable diseases.
The long lines at the vaccination sites may be a panic reaction to fear. When the cause of the panic subsides, and the vaccine supply becomes stable, we will again face the problem of vaccine hesitancy rooted in personal decisions reflecting individual thinking and decision-making processes. In some instances, the decision-making process is affected by “fake news” made by some individuals masquerading as experts.
At the House of Representatives, there is a controversial House Bill No. 9252, which intends to practically make compulsory the vaccination of the public as protection against COVID-19 through a process of what I deem to be selective exclusion. To be known as the Mandatory COVID-19 Immunization Act of 2021, the COVID-19 Vaccination Program will be “mandatory for persons as may be determined by the DOH and shall be given for free at any government hospital or health center.”
Can the government make COVID-19 vaccination compulsory?
We have laws making vaccination mandatory. Presidential Decree No. 996 promulgated on September 16, 1976, imposed the duty of the parents, guardian, or person having custody of the infant or child to see to it that such infant or child is presented for basic immunization services at such place and time as specified by the Department of Health. The law also imposed the duty of all schools, public and private, to provide basic immunization services to all pre-school and primary school entrants who have not received such immunization, subject to rules and regulations as the Secretary of Health may promulgate. The law carries the penalty of imprisonment for its violation.
Another law that makes vaccination mandatory is Republic Act No. 10152, known as the “Mandatory Infants and Children Health Immunization Act of 2011”, which covers mandatory basic immunization for tuberculosis, diphtheria, tetanus and pertussis, poliomyelitis, measles, mumps, rubella, or German measles, Hepatitis-B, H. Influenza type B, and such other types of preventable diseases.
Under International Human Rights Law, the State’s power to compel its citizen to get vaccinated is recognized in many jurisdictions. Even the Philippine Supreme Court in a 1936 case recognized that the right of the State to compel compulsory vaccination is well established. Mandatory vaccination would be lawful if the government were to implement such a policy within explicit parameters whereby a compulsory vaccination would be necessary and proportionate in the interest of public health and safety and for the protection of the rights and freedoms of others (Aaron Chia, https://bit.ly/3lE9UbY).
Even with the State’s power to compel vaccination, it is still incumbent upon the government to ensure education campaigns reach vaccine-hesitant groups and enable them to make informed vaccination choices. Additional efforts to build trust and prevent disinformation may also be necessary.
The government must intensify efforts on these campaigns since getting the people’s informed consent remains the best policy rather than allowing “somebody” (referred to by Manila Mayor Isko Moreno) to trigger panic and chaos.