Mandatory Vaccination for COVID-19: A Legal Analysis

Abstract

Government across the globe introduced and enforced the COVID-19 vaccination requirements in order to control the pandemic. The objectives of this paper are to examine the legitimacy of COVID-19 vaccination requirements, and to compare health policies on mandatory vaccination in different countries. The author offers suggestions for Thai government to plan and enforce the possible mandatory vaccination for COVID 19 as follow;

1) State requirement should be accordance with the due process of law and the article 47th of the 2017 Constitution of Thailand, stipulating the fundamental individual rights to receive the public health services.  2) The state should avoid creating unnecessary public health procedures and burden to get its citizens vaccinated. It should also respect the good faith of religious beliefs and practice, as well as the health or medical conditions of individuals, especially aging and bed-ridden populations in health care, or medically restricted persons, such as bad reaction to COVID- 19 vaccinations, or to specific type of COVID-19 vaccine. 3) Imminent health crisis among people should be considered as the " key factor" for making effective process for health policies. 4). The local government authorities should have a major role in urging, but not forcing, the public to get COVID-19 vaccine.