Making Covid-19 Vaccination Mandatory: A Discussion from the Perspective of Beauchamp & Childress Principle and Jurisprudence

Elle Natasha Abdul Razak, Farah Nursabrina Ahamad Kamal, Nabeel Mahdi Althabhawi

Abstract


ABSTRACT
Known as COVID-19, a respiratory illness caused by the SARS-CoV-2 coronavirus was discovered in December 2019 and the vaccines provided are being hailed as the answer to bringing the world back to normal. As Delta variant together with Omicron infections have surged, and vaccinations have slowed down, this has prompted governments to implement COVID-19 injections mandatory for health workers and other groups at risk. Many countries have decided to make vaccinations mandatory to prevent serious harm to others in a similar community. However, individual rights and autonomy are threatened by this major decision as it has been argued that the consent of vaccination lies on each individual which has led to the issues of the right to bodily integrity. Even so, human life has been devastated by the COVID-19 pandemic, which poses a major threat to public health, food systems, as well as the world of work. The global pandemic has had a catastrophic effect on the economy and society. The governments have the authority to intervene if they are able to demonstrate that such intervention is necessary and appropriate to the accomplishment of another important objective. Mandatory vaccinations say, proponents of mandates, are an acceptable intrusion on an individual's freedom and autonomy in the particular circumstance of COVID-19. Such opinion has led to another issue concerning whether it is morally permissible to do so. The aspect of morality rests upon the four essences of the well-known medical ethics devised by Beauchamp and Childress along with one of the Jurisprudence theories which accepts morality as an essential component of law making, the Naturalism. With regards to the current events of Covid-19, the question of whether the vaccines should be mandated or not lies upon the perspective and debate from the medical views and regulations governing a society. This paper aims to analyze the connection between the Beauchamp and Childress principle and Jurisprudence to achieve conclusive findings and decisions concerning the need of making the Covid-19 vaccination mandatory for every individual.
Keywords: Beauchamp and Childress Principle; Jurisprudence; vaccination mandatory; Covid-19; morality


Full Text:

PDF

References


REFERENCES

Afolabi, M.O.S. 2018. Vaccination. Research Gate. https://www.researchgate.net/publication/305377218_Vaccination (Accessed on 18 October 2021).

Anon. 2021. Factbox: Countries making COVID-19 vaccines mandatory.” Reuters. 16 December. https://www.reuters.com/business/healthcare-pharmaceuticals/countries-making-covid-19-vaccines-mandatory-2021-08-16/. (Accessed on 17 December)

Australian National Imams Council. 2021. Coronavirus (COVID-19) Vaccine Fatwa (Islamic Verdict). https://www.anic.org.au/wp-content/uploads/2021/02/AFC-Coronavirus-COVID-19-Vaccine-Fatwa.pdf (Accessed on 17 October 2021).

Basil, V. 2020. Principles of Clinical Ethics and Their Application to Practice. Karger Journals. 4 June. https://www.karger.com/Article/FullText/509119 (Accessed on 18 October 2021).

Ebbesen, M., Anderson, S. & Penderson, D. 2012. Further Development of Beauchamp and Childress’ Theory Based on Empirical Ethics. Journal of Clinical Research & Bioethics.

Ellyatt, H. 2021. WHO on Vaccine Mandates: They Should Be ‘A Last Resort’. CNBC. 7 December. https://www.cnbc.com/2021/12/07/who-on-vaccine-mandates-they-should-be-a-last-resort.html (Accessed on 10 December 2021).

Engku Ali, Engku Muhammad Tajuddin, Zulkifli Mohd, & Mohammed Muneer’deen Olodo Al-Shafi’. 2017. Vaccination from the Perspective of Islamic Legal Maxim. International Journal of Academic Research in Business and Social Sciences 7(12): 8. 2222-6990.

McCormick, T.R. N.d. Principles of Bioethics. Principles of Bioethics UW Department of Bioethics & Humanities. https://depts.washington.edu/bhdept/ethics-medicine/bioethics-topics/articles/principles-bioethics. (Accessed on 12 November 2021).

Mohd Zamre Mohd Zahir, Tengku Noor Azira Tengku Zainudin, Ramalinggam Rajamanickam, & Muhamad Sayuti Bin Hassan. 2021. Kewajipan Suntikan Vaksin Dan Isu Hak Asasi Manusia. E-Proceedings Of The Tuanku Jaafar Conference And Workshop 2021 (TJC 2021) Access To Justice: Substantive & Procedural Issues. 513-523.

Osbourne, R.M & Clark, S. J. 2021. Should the SARS-CoV-2 Vaccine be Mandatory for Nurses? An Ethical Debate. British Journal of Nursing 30(2).

Rahim Rahimy, Tarrence Tan & Martin Carvalho. 2021. No Intention to Make Covid-19 Vaccination Mandatory Among Civil Servants, says Minister. The Star. 12 October. https://www.thestar.com.my/news/nation/2021/10/12/no-intention-to-make-covid-19-vaccination-mandatory-among-civil-servants-says-minister. (Accessed on 1 November 2021).

Ray, S. & Mathai, S.S. 2018. Ethics in Medicine and Research: Responsibilities of a Medical Scientist. Journal of Marine Medical Society 2(2): 93-95.

Savulescu, J. 2021. Good Reasons to Vaccinate: Mandatory or Payment for Risk? Journal of Medical Ethics 47:78-85.

Tengku Noor Azira Tengku Zainudin, Mohd Zamre Mohd Zahir, Ahmad Azam Mohd Shariff, Ramalinggam Rajamanickam, Ong Tze Chin, Zainunnisaa Abd Rahman, Nor Hikma Mohamad Nor, Syafiq Sulaiman, Asiah Bidin, Murshamshul Kamariah Musa & Kamaliah Salleh. 2021. Legal Exploration of Right to Health. Journal: Pertanika Journal of Social Sciences & Humanities (JSSH). 29(S2): 221-232.

The College of Physicians of Philadelphia. 2018. Cultural Perspectives on Vaccination. https://www.historyofvaccines.org/content/articles/cultural-perspectives-vaccination (Accessed on 17 October 2021)

World Health Organization (WHO). 2020. Impact of COVID-19 on People’s Livelihoods, their Health and our Food Systems. 13 October. https://www.who.int/news/item/13-10-2020-impact-of-covid-19-on-people's-livelihoods-their-health-and-our-food-systems. (Accessed on 10 December 2021).

Zaheena Rasheed. 2021. Should COVID-19 vaccines be mandatory? Coronavirus pandemic News. Al Jazeera. 18 October. https://www.aljazeera.com/news/2021/10/18/should-covid-19-vaccines-be-mandatory. (Accessed on 22 October 2021)


Refbacks

  • There are currently no refbacks.


 

 

 

e-ISSN : 2550-1704