ON June 15, the prime minister proposed a four-phase Covid-19 recovery plan which would tentatively last until the end of the year.
It is a phased exit strategy for the country to steer out from the pandemic based on three indicators, namely the number of daily
Covid-19 infections, the capability of public healthcare system and the percentage of population that has received two doses
of vaccines.
This simply means that the movement restrictions will remain in force so long as the Covid -9 cases do not decline sufficiently.
As of June 16, around 14.6 million (62.50%) Malaysians have registered for vaccination and around five million have received their
Covid-19 doses. Malaysiaâs daily vaccination rate had also surpassed 200,000 level for the first time on June 15.
Making Covid-19 vaccination mandatory?
Many countries are pinning their hopes on the Covid-19 vaccine as a solution for normalcy. Currently, the Malaysian government has no plans to make Covid-19 mandatory.
However, it may switch its game plan to a mandatory vaccination policy so that the desired herd immunity levels could be achieved within the designated timeframe.
The Covid-19 vaccinations should be made mandatory once the vaccine uptake is low, Covid-19 cases get out of hand and when the hospital capacity is at critical levels.
Indonesia made Covid-19 vaccines compulsory early this year. On June 16, the Moscow city authorities also made vaccination mandatory for more than two million workers with public-facing roles in the Russian capital. On the same day, the Covid 19 vaccine had also been made compulsory for Englandâs care home staff.
The greater the threat, the more liberty ought to be restricted
The step to make Covid-19 vaccination mandatory interferes with individual liberty and autonomy. However, individual liberty has its external component encompassing human interaction.
As such, mandatory vaccination should be considered when it is necessary for the achievement of public goal. The step towards mandatory vaccination can be justified when it prevents serious harm to others in the community.
Having said that, the government should make data available to demonstrate that the vaccine being mandated is found to be safe.
Article 5(1) of the Malaysian Constitution provides that no person shall be deprived of his life or personal liberty, save in accordance
with the law.
It would appear that the government can make vaccination mandatory pursuant to Sections 11(1) and 11(3)(a) of the Prevention and Control of Infectious Diseases Act 1988. These provisions provide that it shall be lawful for any authorised officer to direct any person living in an infected local area to subject himself to treatment or immunisation.
Anyone who refuses to comply with Section 11(3)(a) commits an offence. It is even provided under Section 11(4) that it shall be lawful for an authorised officer to use such force, with or without assistance, to ensure compliance with direction issued under Section 11(3)(a).
Mandatory vaccination is not desirable as it often underlines a failing vaccination programme and policy by the government. Many are also concerned that making vaccines compulsory is counter-productive, and it only heightens vaccine hesitancy which will defeat the aim of achieving herd immunity.
Yet, if we do not advance in levels once vaccines are fully and freely available, harsher policies and certain degree of compulsion or mandatory Covid-19 vaccination may well be necessary.
At this point of time, the country is progressing quite well in terms of inoculation of its population. However, the vaccine uptake by the population remains relatively low and we have not seen substantial reduction in the daily number of Covid-19 cases.
The government should implement drastic steps to significantly shore up registrations for Covid-19 vaccination during this critical period. It is true that the compulsion or restrictions of liberty should be as minimal as necessary to achieve the goal, but perhaps, it is time to make Covid-19 vaccination mandatory.
Conclusion
We need the countryâs economy to thrive before businesses collapse, and there is no other way than getting the population immunised. All Malaysians have a part to play in achieving the herd immunity required for normalcy to return.
Perhaps, desperation for normalcy and freedom is the most effective tool in enhancing the vaccine uptake and achieving herd immunity.
We do not have much time to spare, the clock is ticking.
Leonard Yeoh is a partner and Pua Jun Wen an associate with the law firm, Tay & Partners. Comments: [email protected]
