The State and the employers have the right to refuse you entry into the workplace however people can refuse vaccination as it is their right – Jalal
The employer has a duty to protect other workers

The State and the employers have the right to refuse you entry into the workplace however people can refuse vaccination as it is their right – Jalal

The employer has a duty to protect other workers

By Vijay Narayan
12/07/2021
International human rights lawyer, Imrana Jalal - [Photo: facebook account]

An international human rights lawyer, Imrana Jalal says people can refuse the vaccination as it is their right and no person, not even the State can force you to take it but the State and the employers have the right to refuse you entry into the workplace.

Jalal has said on facebook that the employer has a duty to protect other workers.

She says you can exercise the right not to get vaccinated, which is constitutionally protected, and the State is wrong to criminalize it.

Jalal says the State cannot override that right via regulations which haven’t even been debated in Parliament. She says the taking away of a constitutionally protected right is a very serious matter and cannot be limited via regulations as this is no small matter. This also means the State cannot legislate for compulsory vaccination.

But Jalal says the right to bar entry to an unvaccinated person is also legal.

The international human rights lawyer says your choices come with consequences.

Jalal says the right to life is the most overriding human right, more important than any other right, in the hierarchy of rights, so an employer refusing entry to an unvaccinated person is standing on firm legal ground.

She says the State can say to civil servants that they cannot enter Government premises for work unless they are vaccinated.

Jalal says several different jurisdictions have ruled in favour of vaccination, for example for schools, although not COVID, but this is a precedent of sorts.

She says since the courts in other common law countries have ruled in favour for vaccination as a requirement for work or schooling then we can expect that most courts would do the same.

Jalal says the most recent one is the European Court of Human Rights, although for a different vaccine.

The ruling is the first time that the European Court of Human Rights has weighed in on the issue of compulsory vaccinations. The decision could play a role in efforts to end the coronavirus pandemic.

Parents had protested Czech rules that schoolchildren should be vaccinated to attend class

The European Court of Human Rights (ECHR) in Strasbourg ruled that compulsory vaccinations would not contravene human rights law, and may be necessary in democratic societies.

Although the ruling did not deal directly with COVID-19 vaccines, experts believe it could have implications for the vaccination drive against the virus, especially for those who have so far stated a refusal to accept the jab.

Nicolas Hervieu, a legal expert specializing in the European Court of Human Rights, told AFP news agency that this judgment reinforces the possibility of a compulsory vaccination under conditions of the current COVID-19 epidemic.

FEATURE NEWS
I’ll have to read COI report and decide the follow up actions my powers allow me to take - PM
Prime Minister Sitiveni Rabuka says he will have to read the Commission of Inquiry report and decide the follow up actions his powers allow him to tak...
9 hours ago
LATEST NEWS
FICAC accused of being a political tool in the past - AG
Attorney General Graham Leung says in the past, FICAC has been accused of being a political tool, particularly during the last ...
9 hours ago

Crusaders lose young pivot Taha Kemara to ruptured ACL
Crusaders playmaker Taha Kemara has been ruled out of the remaining Shop N Save Super Rugby Pacific season with a ruptured ACL in his left ...
10 hours ago

Family left homeless in Labasa fire
A family in Waidamudamu Road in Vunimoli, Labasa has been left homeless after a fire destroyed their 4-bedroom house yesterday. Sharmendra Kamal ...
10 hours ago

Gavoka admits need to strengthen airport security after Taveuni and Nausori concerns
Following concerns about the lack of security checks and screenings at Taveuni and Nausori Airports, Deputy Prime Minister and Minister for Civil ...
10 hours ago

Drua CEO Mark Evans to appear on special fijivillage Straight Talk With Vijay Narayan at 7pm tomorrow
Swire Shipping Fijian Drua CEO, Mark Evans will appear on a special fijivillage Straight Talk With Vijay Narayan at 7pm tomorrow. The show will ...
10 hours ago



fijivillage Straight Talk with Vijay Narayan
Latest Videos

Stay tuned for the latest news on our radio stations

CFL radio frequencies
IN DEPTH
Tevita Ikanivere on fijivillage Straight Talk With Vijay Narayan
The show focuses on Ikanivere’s journey, his family, career and how far the Drua has ...
10 days ago

Daniel Fatiaki and Professor Narsey on fijivillage Straight Talk With Vijay Narayan
Chair of the Electoral Reform Commission and former Chief Justice, Daniel Fatiaki and Electoral Reform Commissioner and economist, Professor Wadan ...
10 days ago

Top Interventional Cardiologist Dr Kapadia on fijivillage Straight Talk With Vijay Narayan
The show will focus on health services in the country. The former Marist Brothers Primary and High School student who has been practising medicine ...
25 days ago

TOP