Policy ‘breaches’ human rights
13 July, 2021, 11:45 am
The “No jab, no job” policy of Government making it compulsory for all public workers including civil servants and the private sector to be vaccinated is unconstitutional and breaches the human rights principles and the Bill of Rights provisions under the 2013 Constitution, says human rights lawyer Aman Ravindra-Singh.
Mr Ravindra-Singh said workers being forced to take vaccination or lose their jobs or be fined or face jail terms was in direct violation of the 2013 Constitution, adding the mandated compulsory vaccination push by the Government was also in direct violation of international human rights conventions such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
“The Government’s decision for compulsory vaccination among the Sections breached in the Fiji Constitution includes:
“Section 11 – Freedom from cruel and degrading treatment.
“The three subsections provide protection against mandatory or compulsory vaccination:
“Section 11(1) provides that: Every person has the right to freedom from torture of any kind, whether physical, mental or emotional, and from cruel, inhumane, degrading or disproportionately severe treatment or punishment.
“Compulsory vaccination breaches Section 11(1).
“Section 11 (2) provides that: Every person has the right to security of the person, which includes the right to be free from any form of violence from any source, at home, school, work or in any other place,” he said.
“Compulsory vaccination breaches security of the person from any form of violence at home or work or any other place.
Section 11 (3) provides that: Every person has the right to freedom from scientific or medical treatment or procedures without an order of the court or without his or her informed consent, or if he or she is incapable of giving informed consent, without the informed consent of a lawful guardian.
“Compulsory vaccination is in direct and open breach of a person having the right to be free from scientific or medical treatment or procedures without an order of the court or without his or her informed consent.”