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Mara Vîlcu

Is the mandatory COVID vaccination legal?


At the moment, globally, every person thinks about the vaccine. Most of us see the vaccination against COVID-19 as an action necessary for a way back to the normality we knew before the pandemic. However, some people can feel obligated to get the vaccine in order to feel integrated back into society.

Some countries such as France and UK have announced that COVID-19 vaccinations could become mandatory for healthcare workers. If such an individual would refuse to get the jab, this action could lead to redeployment or even dismissal in some cases.

In the case of Solomakhin v Ukraine, the European Court of Human Rights issued a judgement saying that mandatory vaccination indeed interferes with a person’s right to integrity, which is protected by Article 8 of the European Convention on Human Rights. However, the limit to this right is if this interference can be justified by being a necessity to stop the spreading of an infectious disease.

In France, the vaccine will be mandatory for people that come into contact with vulnerable people. If not, a person will need to show a negative PCR test result, which will not be free anymore, but will have to be paid for. This is a clear strategy that president Macron is using to encourage people to get the vaccine and stop the pandemic once and for all.

Now, the new Delta variant of the virus poses a big dilemma for the EU: should the vaccination be mandatory or not? Generally, the European Commission did not say if they are in favour of mandatory vaccination, saying that the vaccinations campaigns are of national competence. However, the have said in January that vaccination should not be mandatory, but every individual should make his own choice and not be discriminated regarding this subject.

Therefore, mandatory vaccination, from what we have seen, can indeed be justified if the virus represents a threat to the public and the vaccine offered is safe and effective. So far, there have been four million deaths globally and there is clear indication that the vaccine has the power to put an end to critical cases and ultimately to deaths.

Some people say that the decision to get the vaccine is voluntary and it should remain this way no matter the circumstances. Other people say that we need to think about the bigger pictures and the ones close to us and get the vaccine in order to be protected and to protect the most vulnerable. What is your opinion?


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