COVID-19 Vaccination Cannot Be Forced, Head Of UN: Proportional And Non-Discriminatory Review

Kepala HAM PBB Michelle Bachelet. (Wikimedia Commons / Government of Chile)

JAKARTA - Countries considering introducing a vaccine mandate in the fight against COVID-19 must ensure they respect human rights, said UN human rights chief Michelle Bachelet, stressing forced vaccination is never acceptable.

Speaking at a Human Rights Council seminar via video message, Michelle Bachelet warned there are important rights considerations to consider before making vaccination mandatory.

According to him, any "vaccine mandate must comply with the principles of legality, necessity, proportionality and non-discrimination."

"Under no circumstances should people be coerced into being vaccinated," he said.

The UN High Commissioner for Human Rights said the goal sought by countries considering a mandate to protect life, as Europe and other regions battled the fiercest tide in the pandemic was, "of course with the highest degree of legitimacy and importance".

But, he insisted "vaccine mandates should be used only when necessary to achieve public health goals."

"And they should only be considered, when less disruptive measures such as the wearing of masks and social distancing have proven to fail to meet such health needs."

In addition, Bachelet also stressed, whatever mandate or policy is acceptable, countries need to ensure that vaccines are really available and affordable.

"Unless everyone has access to vaccines, vaccine requirements will not be consistent with basic human rights principles of equality and non-discrimination."

On the occasion, Bachelet also highlighted that the actual vaccines used must also be safe and effective enough to achieve public health goals.

In addition, any mandatory vaccination regime must also be flexible enough to allow for appropriate exceptions, such as where vaccination is medically contraindicated for individuals.

Bachelet said it may be appropriate to limit some rights and liberties, including conditioning access to schools, hospitals or other public spaces on vaccinations.

However, forced vaccination is never acceptable, he said, although a person's refusal to comply with a mandatory vaccination policy could have other legal consequences, including, for example, appropriate fines."

"Where sentences are imposed, they must be proportionate and subject to review by judicial authorities."

He added that there needed to be proper procedural safeguards, including the right to seek justified exceptions and the right to appeal any form of punishment before a fair and independent authority.

Bachelet hopes that in the future any vaccine mandates introduced should be formally reviewed frequently to ensure they remain necessary, proportionate and non-discriminatory.