Don proposes law to forbid discrimination based on Covid-19 vaccine status
KUCHING: A university professor on Syariah and Law, Assoc Prof Dr Muzaffar Syah Mallow, is suggesting the creation of a law to forbid discrimination of people based on Covid-19 vaccine status.
“A specific law needs to be created to forbid any forms of discrimination which is made based on the Covid-19 vaccination status of an individual. Any one, entity or institution should not be allowed to create their own policies or rules pertaining to the Covid-19 vaccination status of any individual,” he said when sharing his opinion on the issue via a press statement yesterday.
Having a specific law on this issue is important in order to send strong signal to everybody that they should not practise any forms of discrimination targeting anyone who are yet to take their Covid-19 vaccine, he argued.
At the same time, having a specific law on this issue can also allow anyone who feels that their rights have been violated to take immediate legal action against anyone, entity or institution who practise such discriminatory practice towards them, he added.
“As we are all aware, the government has initiated the National Covid-19 Immunisation Programme which started last February. More time should be given to everyone in the country to get their Covid-19 vaccine.”
While people in the country are awaiting their turn to get vaccinated, no one should be subjected to any forms of discrimination whether directly or indirectly and this includes being discriminated based on their Covid19 vaccine status, he stressed.
“We need to be realistic, it will take considerable period of time for all the objectives set in the National Covid-19 Immunisation Programme to be achieved due to the huge population we have in the country. While waiting for Covid-19 vaccines to be distributed and given to the people in the country, it is not fair for anyone, entity or institution to make their own policies or rules which can discriminate people based on their Covid-19 vaccine status.
“Most important also for us, is to realise that not everyone is able to take such vaccine due to their health status or medical reasons. As such, any form of discrimination on the basis of the Covid-19 vaccine status of a person is wrong as it can affect individual basic rights and freedom,” he said.
Discrimination is the act of making unjustified distinctions between individuals, any one of them may be subjected to discrimination based on various reasons, he added.
“As mentioned earlier, such act of discrimination can be carried out directly or indirectly. With the arrival and distribution process of Covid-19 vaccine which is now taking place in the country, individuals might face the risk of being discriminated based on their Covid-19 vaccine status.”
He feared that anyone or even entity or institution might create their own policies or rules based on Covid-19 vaccine status.
Examples of discriminatory practices which might happen include prohibiting people who are yet to receive the Covid-19 vaccine from attending any meetings, seminars, courses, workshops, or interviews and prohibiting people who are yet to receives the Covid19 vaccine from entering any facilities and location like shopping complexes, shops, restaurants, banks, hotels, libraries, clinics, hospitals, places of worship, service centres, and workplaces.
Others include prohibiting people who are yet to receive the Covid-19 vaccine from entering schools and universities, prohibiting students who are yet to receive the Covid-19 vaccine from sitting for any test or exam, prohibiting people who are yet to receive the Covid-19 vaccine from using public transports like taxis, buses and LRT, denying certain rights for anyone who are yet to receive their Covid-19 vaccine, and many more, he said.
“The list of possible acts of discrimination based on individual Covid-19 vaccine status can be long, as such the government must monitor the situation in the country and constantly remind everyone, entity and institution in the country not to do any act of discrimination towards anyone based on their Covid-19 vaccine status. It is very important for us to respect individual basic rights and freedom. Any forms of discrimination should not be allowed in this country,” he stressed.
He said this matter has also been addressed clearly under our Federal Constitution, the highest law in the land. Article 8 Clause 2 of the Federal Constitution states that: “Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, gender or place of birth in any law…”
This clearly indicates that there cannot be any room for anyone, entity or institution to do discriminatory act towards anyone except as expressly permitted by the Federal Constitution itself, he said.
Though Article 8, Clause 2 of the Federal Constitution did not highlight vaccine status as one of the factors or grounds to be considered for discrimination, it does not mean that we are permitted to do any act or create our own policies or rules which can discriminate people based on their vaccination status, he explained.
“We should not read our Federal Constitution literally or strictly. There are many other factors or grounds besides what had been stipulated within the Federal Constitution which can give rise to the issue of discrimination itself and this includes the vaccination status of an individual.”
Prohibition of discrimination is also part of human rights and is embodied under the Universal Declaration of Human Rights 1948 (UDHR), he said.