Global Statistics

All countries
553,960,620
Confirmed
Updated on July 2, 2022 9:54 pm
All countries
525,928,894
Recovered
Updated on July 2, 2022 9:54 pm
All countries
6,360,587
Deaths
Updated on July 2, 2022 9:54 pm

Global Statistics

All countries
553,960,620
Confirmed
Updated on July 2, 2022 9:54 pm
All countries
525,928,894
Recovered
Updated on July 2, 2022 9:54 pm
All countries
6,360,587
Deaths
Updated on July 2, 2022 9:54 pm
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Can You Be Forced To Get Covid Vaccine

Mandatory Covid Vaccines: Why Forcing People To Get A Shot May Backfire

Why You Can Be Forced To Get The Covid Vaccine

To speed COVID vaccine uptake and bring the pandemic to an end, some commentators are calling on the government to mandate immunization as a condition for participating in society. This may seem like a reasonable policy, but there’s compelling evidence that it could backfire.

Never mind your liberties, there’s a deadly virus on the loose, and that’s justification enough for the government to mandate that you get a COVID shot. In so many words, that’s the case some legal scholars and political commentators are making in support of a coercive vaccine policy. Erwin Chemerinsky, dean and professor of law at the UC Berkeley School of Law, summed up this argument in a recent opinion piece for the Sacramento Bee:

It is time to focus on the duty we all have to protect each other and to end this pandemic. The government should require vaccinations as soon as vaccine supplies allow, and we should remind everyone that freedom does not include a right to endanger others.

Chemerinsky is both well-meaning and on solid legal footing. Getting a COVID vaccine is the best thing we can do to protect ourselves and others from infection. And the US Supreme Court has ruled that governments can mandate vaccination if doing so is deemed necessary to protect public health.

The importance of trust

Contradictions and double standards

Backfire

A better way

Can People Be Forced To Get Vaccinated Against Covid

The right to freedom is a hot topic. What does the law say about vaccinations and our rights?

Australias path out of the pandemic depends on high vaccination rates. But while many people are rolling up their sleeves, some are not.

So, what legal measures can be put in place to ensure we hit herd immunity and begin to discover some semblance of normal life? We asked Dr Maria OSullivan, an associate professor at Monash Universitys Faculty of Law, to explain where we all stand when it comes to getting jabbed.

What Happens If You Object To A Vaccine Required By Your Employer

Just because you have a valid medical disability or theological objection to receiving a coronavirus vaccine doesn’t mean your employer has to let you continue working under the same conditions you’ve been used to. Companies are required to make “reasonable accommodations,” which could include allowing the employee to work remotely or take a leave of absence.

If you don’t have an ADA-recognized medical condition and can’t convince authorities of valid religious grounds for refusing the COVID-19 vaccine, your employer has the right to terminate your employment. And it’s doubtful you’d be able to claim unemployment benefits because you were fired “for cause.”

Some companies are also considering imposing fines on unvaccinated workers refusing to get the shot. This could include raising health care costs, withholding raises and restricting access to workplace amenities. For instance, the NBA says it won’t pay unvaccinated players who miss games.

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How To Create Good Law During A Crisis

Governments clearly have an obligation to protect the publics health and welfare and vaccinations are an important means of ensuring this.

But while punitive legal measures such as fines may be effective in compulsory mask usage, they are not necessarily going to be effective when it comes to something much more invasive like a vaccine.

Serious thought must not be given just to what the law can do to achieve a high COVID-19 vaccination rate, but also what good law is. That is, we must pursue measures that will be sufficiently accepted by the community., Senior Lecturer, Faculty of Law, and Deputy Director, Castan Centre for Human Rights Law, Monash University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Serious Adverse Events Are Rare

COVID

The FDA says “serious adverse events, while uncommon , were observed at slightly higher numerical rates in the vaccine study group compared to the saline placebo study group, both overall and for certain specific adverse events occurring in very small numbers,” says the FDA. “These represented common medical events that occur in the general population at similar frequency. Upon further review by FDA, these imbalances do not raise a safety concern, nor do they suggest a causal relationship to vaccination for the vast majority of reported serious adverse events.

Serious adverse events considered by FDA to be plausibly related to the vaccine or vaccination procedure were one case of shoulder injury at the vaccination site and one case of swollen lymph node in the armpit opposite the vaccination arm.”

So barring any allergies, get vaccinated when it becomes available to you, and to protect your life and the lives of others, don’t visit any of these 35 Places You’re Most Likely to Catch COVID.

Eat This, Not That!

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Can Colleges Force Students To Get Covid

Education attorney Jeffrey Nolan spoke with about the growing dilemma of whether higher education institutions can require their students to get a COVID-19 vaccine. While colleges legally can and often do mandate students receive vaccines for measles, rubella and other diseases, those vaccines have full Federal Drug Administration approval. The COVID-19 vaccines available in the United States are authorized under the FDAs Emergency Use Authorization. There is no legal precedent to know how courts will view an institutions response to a student or employee refusing a COVID-19 vaccine under emergency-use status.

Like employees, students would likely have certain rights to decline vaccination for reasons related to disability or religion, but would not have additional rights held by employees. Those additional rights are created by union contracts or state employment law protections, said Mr. Nolan. If a student chooses to come to an institution, they agree to abide by the rules and some of those are pretty intrusive, but they are often necessary, he continued. It doesnt mean someone wont litigate it, but I see less nuance when it comes to the student-side of things than the employment-side of things.

Austria’s Covid Vaccine Law Comes Into Force Amid Resistance

A new law comes into force in Austria this week that makes vaccination against Covid-19 compulsory for anyone over-18. Several countries have introduced mandates for the elderly or medical staff, but this is the first nation in Europe to adopt such sweeping measures.

LOu Moser, a ceramic artist who lives south of Vienna, is not vaccinated against Covid-19 and neither is her husband, Gus. They strongly disagree with Austria’s new vaccine mandate.

Vaccination, she says, should be a personal choice. “I’ve had Covid-19. And so I actually don’t see the point of being jabbed when I’ve got sufficient antibodies,” LOu tells me. “And so I chose not to get vaccinated. And it’s not for any authority to tell me what to put into my body.”

“It has shown that the vaccines haven’t really stopped the pandemic yet,” LOu says.

People keep being vaccinated, and they’re still getting ill from Covid-19. Maybe not as badly, but they’re still getting ill. LOu MoserAustrian ceramic artist

Austria’s government says vaccinations are effective at combating severe disease, and that the law is needed to prevent future lockdowns. Karoline Edtstadler, minister for the EU and Constitution, says the government is “very aware that it is really a strong step and really hard measure”.

But, she says, it is necessary.

We as politicians have the responsibility to be sure that the healthcare system is still working, that society, as a whole, can live normally Karoline EdtstadlerMinister for EU and Constitution

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Tips To Safely Carry Your Covid

You may need to show proof of your vaccination to access certain activities and services like:

  • Traveling
  • Large events or gatherings

Here are some tips to safely carry your card:

  • Take a photo of the front and back of your card. Keep it handy on your phone in case you may need to show it.
  • Dont share it on social media. Your card may contain sensitive information like your name and date of birth.
  • Dont laminate it. You may need booster shots in the future as experts learn more about the virus and the vaccines.

Continued

Would This Infringe On Peoples Human Rights

Can businesses force workers to get the COVID-19 vaccine?

Challenges could be made to any compulsory COVID-19 vaccination policy under the human rights charters in Victoria, Queensland and the ACT, which aim to protect rights such as freedom of expression, thought, conscience, religion and belief.

Here, much will depend on who is requiring the vaccination and whether there are punitive measures in place for non-compliance .

If there are punitive measures for non-compliance, these may be deemed as disproportionate by a court even if it could be argued compulsory vaccines are necessary and reasonable for public health reasons.

The use of compulsory vaccination programs also has specific implications for childrens rights. The UN Convention on the Rights of the Child provides that every child has the right to the enjoyment of the highest attainable standard of health.

However, children also have the right to an education. Therefore, punitive measures to compel parents to vaccinate their children against COVID-19, such as keeping them out of school, could violate the core principles of this convention.

Vaccine mandates come in many different shapes and sizes. What would it look like, whom would it apply to, whom would enforce it and how, is enforcing it creating opportunity costs, would it be applied equitably, can we ensure fair procedures?

Julie Leask

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Should I Require Employees To Provide A Doctors Note Or Positive Coronavirus Disease Test Result

Employers should not require sick employees to provide a COVID-19 test result or a healthcare provider√Ęs note to validate their illness, qualify for sick leave, or to return to work. Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner.

Customer service

How Do We Know If Employers And Service Providers Requiring Vaccination Is A Necessary And Proportionate Limitation Of Peoples Rights

Public authorities may argue that requiring their staff or customers to be vaccinated is a lawful limitation on rights, because it protects the right to life and the health and safety of others.

Determining whether these sorts of limitations on peoples rights are necessary and proportionate depends on a range of factors:

  • Necessary: Is there a justification for making vaccinations mandatory? For example, is requiring employees or customers to be vaccinated necessary to stop the spread of COVID-19 or protect the health of employees or others?
  • Proportionate: Is the mandatory vaccine requirement proportionate to the purpose it is seeking to achieve? For example, does the risk posed by COVID-19 spreading in the workplace or service outweigh the impact on individuals whose rights are limited? Are there people in the workplace or service who are likely to be at increased risk of severe symptoms if they contract COVID-19? Does the requirement to vaccinate take into account the differing needs of people with disabilities, health conditions or who might otherwise have valid reasons for not wanting to be vaccinated?
  • Availability of other less restrictive means: Is there another less restrictive option reasonably available? For example, are there measures other than vaccination that would effectively stop the spread of COVID-19 in the workplace or service?

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Is There A Federal Mandate For Covid

The U.S. Supreme Court blocked the U.S. Occupational Safety and Health Administrations mandate for employees of large companies in the U.S. to have the COVID-19 vaccine or get regular COVID-19 tests.

In the majority opinion, the court said that OSHAs decision to require vaccines or tests was an overstep into the lives and health of many employees.

But the Supreme Court did allow a Centers for Medicare and Medicaid Services mandate to go into effect. It requires health care workers at facilities that take federal funds to get a COVID-19 vaccine.

Can The Federal Government Mandate The Vaccine For The General Population

Can your boss force you to get a COVID

Almost certainly not, Reiss said. It has limited powers expressly spelled out in the Constitution the rest belong to the states.

But the federal government has some ways to get people to vaccinate, imposing it as a condition of getting a passport, for example.

That hasnt happened before, but such a requirement would be within the federal governments powers, Reiss noted.

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Dr Fauci Says Things Are Going To Get Worse As Covid

The Civil Rights Act of 1964 may protect people who have a religious objection to a vaccine. An employer would have to make a reasonable accommodation as long as its not too costly for the business.

These laws apply only to companies with 15 or more employees, so smaller businesses are exempt.

We think about employers as this huge, amorphous thing, but under the law, theyre also private entities with rights, especially if it’s a small mom and pop shop, Reiss noted.

Rwanda Forcibly Vaccinating People Against Covid Victims Say

Although Rwanda says it will not mandate people to take COVID-19 vaccines, some residents especially in rural areas say officials have been forcing Rwandans to take the jabs.

Have all Rwandans received the COVID-19 jab voluntarily?

Rwanda has been recognized by the World Health Organization as being among the countries to fully vaccinate at least 40% of their populations against COVID-19 by the end of 2021.

Currently, more than 49% of almost 13 million Rwandans have been double-jabbed, and more than 61% have had at least one vaccine administered.

But some Rwandans say this number is only possible because of force by local leaders and police. DW spoke to some people who said they had been forced to receive vaccinations. For fear of possible consequences, they either chose to remain anonymous or DW decided to leave their names out of the report.

In August , Rwanda started its third phase of mass vaccinations, targeting adults in Kigali

A man from the Muhanga district, in Rwanda’s Southern Province, told DW that he was handcuffed in order to receive the jab.

“Around 4 a.m. our local cell leader kicked in my door,” he said “I thought they were thieves because I was still asleep. There were three people standing at my door, they ordered me to go to the sector offices, and I was handed over to security personnel and I was told that I was going to be vaccinated against my will.” Cells and sectors are administrative entities between villages and districts.

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Much Remains Unknown About The Safety And Efficacy Of The Vaccine

Even though the FDA granted emergency use authorizations for the Pfizer/BioNTech and Moderna vaccines in December 2020, the clinical trials the FDA will rely upon to ultimately decide whether to license these vaccines are still underway and are designed to last for approximately twoyears to collect adequate data to establish if these vaccines are safe and effective enough for the FDA to license.

The abbreviated timelines for the emergency use applications and authorizations means there is much the FDAdoesnotknow about these products even as it authorizes them for emergency use, including their effectiveness against asymptomatic infection, death, and transmission of SARS-CoV-2, the virus that causes the disease.

Given the uncertainty about the two vaccines, their EUAs are explicit that each is an investigational vaccine not licensed for any indication and require that all promotional material relating to the Covid-19 Vaccine clearly and conspicuously state that this product has not been approved or licensed by the FDA, but has been authorized for emergency use by FDA .

What To Do If You Lose Your Covid Vaccine Card

Can your employer make you get the COVID-19 vaccine?

If you misplace your COVID-19 vaccine card, dont worry. There are several options to ensure you can prove your status, if needed:

Check with your vaccine provider. You can check with wherever you received your vaccination, whether it be a retail pharmacy like CVS or Walgreens, or a health department. Many of these locations allow you to access your records online. Some also provide electronic copies of your vaccination card.

Check your email. If you signed up for your shot online and provided an email address, a vaccine record email shouldve appeared in your inbox after your shot.

Look up vaccination records. The CDC has access to your states health department Immunization Information System . You can look up and get a digital copy of your COVID-19 vaccination records after you verify some personal information.

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The Court Lifted Injunctions That Had Halted Implementation Of The Mandate In Half The Country Leaving Hospitals And Other Covered Providers With Likely Only A Few Weeks To Begin Complying

The federal COVID-19 vaccine mandate is set to be enforced across the country after the Supreme Court on Jan. 13 lifted injunctions that had blocked the mandate in 24 states.

Siding with the Biden administration in a 5-4 ruling, the court said the mandate falls within the authorities that Congress has conferred upon the secretary of Health and Human Services .

The majority added, Congress has authorized the Secretary to impose conditions on the receipt of Medicaid and Medicare funds that the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services.

The one state where an injunction remains in place for now is Texas, which went to court on its own and not as a party to two other lawsuits that involved the 24 states. The Texas court injunction was not at issue during the Supreme Court’s Jan. 7 hearing.

On Jan. 19, a federal court in Texas dimissed the case at the request of the state, which said it would not pursue further enforcement of an injunction in light of the Supreme Court decision. Thus the mandate will apply in all 50 states.

The court went the other way with a 6-3 decision on a vaccine-or-test mandate that was implemented for all businesses with at least 100 employees. The Occupational Health and Safety Administration does not have authority to issue such a directive, the court said.

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