Human rights queries arising from Covid jab

Covid-19 vaccination in Mombasa last month. PHOTO | KEVIN ODIT | NMG

What you need to know:

  • In November, the Government of Kenya banned the unvaccinated from accessing some public services and space.
  • The Covid 19 vaccines raise fundamental human rights issues on a global and national scale.

Covid-19 restrictions continue to increase as coronavirus infections climb.

In November, the Government of Kenya banned the unvaccinated from accessing some public services and space. The court later set aside the directive.

However, since then, many establishments, including private ones have imposed bans on the unvaccinated. For example, some restaurants demand proof vaccination to access services.

The Covid 19 vaccines raise fundamental human rights issues on a global and national scale. Globally the vaccine trials raised many human rights issues. These included ethical and moral issues.

The main question was how to conduct human trials for the vaccine in an ethical manner.

The second main issue is the compulsory licensing and intellectual property for the vaccine. The jab has been made easily available.

Nationally following the government directives, there are serious human rights issues.

Already, several watchdogs in Kenya have urged the government not to flout human rights issues when making the directives. They have urged that the directives be made within the context of the bill of rights.

Here are some human rights and bill of rights issues that arise from these directives. The vaccinated and the unvaccinated have the freedom to hold whatever belief or opinion they choose.

Most of the vaccinated believe that the vaccine has health benefits and preventative action. Some of the unvaccinated are wary of receiving the jab due to potential harm or what they term to be hidden dangers.

According to them, the vaccine trials were hurriedly done and they have concerns, especially when some media globally report vaccine-related deaths. Some conspiracy theorists argue that there is a hidden agenda behind the vaccine drives.

The unvaccinated also have the right and freedom to hold their opinion and belief. I have seen in some social media groups, the unvaccinated being abused and demeaned, yet they do have freedom of belief and opinion.

For now, the vaccine is voluntary, meaning people have the freedom to choose whether or not to be vaccinated.

Constitutional provisions ought to be upheld regardless of the season. Both the vaccinated and unvaccinated ought to be protected from discrimination. We are likely to witness an increase in the case law related to Covid-based discrimination.

For example, can an employer fire a staff member for being unvaccinated? These are some of the potential litigation issues that could arise.

Already there are private establishments that deny access to services and premises to the unvaccinated. They are well within their rights to do so, as private entities can reserve admission.

The right to health is a constitutional provision that would be argued by both the vaccinated and unvaccinated.

The vaccinated mostly believe in the benefits of the vaccine as one that upholds their right to health. The unvaccinated, on the other hand, believe that the vaccine is likely to endanger their health mostly due to media reports of vaccine-related side effects. Whatever the case, both parties believe their actions uphold their right to health.

It is, therefore, important for the state, businesses and individuals to respect the constitutional provisions despite the stand taken on whether to vaccinate or not.

It is not necessary to abuse anybody or demean them due to their stand on the Covid-19 vaccine. It is well within their rights to believe and do what they opine to be best for them.

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