The Tribune

EDITOR, The Tribune.

There has been much spirited debate, and not a little political posturing on all sides, over the issue of employer-mandated COVID-19 vaccinations. Much of the discourse is being shaped without regard to the Law; focusing rather on the ‘politics’ of appeasing apparently irrational public fears or scepticism fueled by social media posts.

The facts are that mandatory vaccinations of all children born in The Bahamas has been in our law since the enactment of the Vaccinations Act 1860. Under Section 13 of that Act, it is mandatory for every parent or guardian to take every child born in The Bahamas, within six months after birth, to a vaccinator appointed by the Minister of Health, to be vaccinated against Smallpox. Smallpox in the 19th Century had the same impact as COVID-19 in the 21st Century, being both highly contagious and deadly.

Due to highly publicized information about small numbers of adverse reactions to various COVID-19 vaccines, fueled by industry competition and the, sometimes, apparent knee-jerk reactions by regulatory agencies or several nations, the “anti-vaxxers” are having a field day in sowing “vaccine skepticism”, and outright rejection, through social media postings.

The facts, however, emerge from studies conducted in Israel, the most highly vaccinated country in the world. Infection rates have plummeted after universal mass vaccinations. The risk of a viral breakthrough in a fully vaccinated person, or the risk of transmission from a fully vaccinated person, is infinitely low.

The questions thus arise, whether an employer can insist on vaccination as a condition of continued employment; or whether a school or university can insist on student and staff vaccination as a condition of attendance. In my view, the answer is unequivocally, Yes.

The European Court of Human Rights recently ruled that Under Article 8 of the EU Convention of Human Rights (referring to the right to privacy), mandatory vaccinations of children (against measles, mumps and rubella) are “reasonably justifiable in a democratic society.” The EU Convention on Human Rights was a document which was drawn upon in the drafting of the Bahamian Constitution, as well as other Caribbean Constitutions. Hence the ruling of the EU Court of Human Rights is at least “persuasive authority”, if not absolutely authoritative.

Further, existing Bahamian Law mandates employers to protect their employees and the general public. The Health and Safety at Work Act places several legal duties upon every employer. Section 4 of the Act mandates that employers maintain systems to protect the health and safety of every employee. Employers must ensure “the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health…”. Section 5 mandates that employers maintain systems to protect the health and safety of any person entering their place of business, other than employees.

Further, the Health and Safety at Work Act imposes a duty on employees. Section 7 of the Act states the duty of an employee: “(a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to cooperate with him so far as is necessary to enable that duty or requirement to be performed or complied with”.

Now that a host of effective vaccines against the most virulent and deadly Pandemic in 100 years have been developed; which vaccines, apart from some statistically minimal side-effects, are extremely effective; employers and college administrators are well within their rights to insist upon mandatory vaccinations of staff, employees and students.

Any loss of life due to side-effects of vaccination is a terrible matter for the persons and families involved, no doubt; and should be deeply regretted. However, compared to the increasing virulence of mutant strains, the rising death toll and potentially harmful long-term consequence of COVID-19 infection, the risks associated with vaccinations are statistically miniscule in comparison.

It should be noted, however, that clinical trials for children under 18 are only now being conducted, and the results have not been disclosed. Until it is clear that vaccinating young children is safe, the choice should be left to parents or guardians.

In the workplace, however, it is a matter of the law of contract; but it is also a matter of the legal duty placed upon every employer – to protect both employees and the general public. There is also the legal duty placed upon every employee to cooperate in protecting fellow workers and the general public.

The science shows that COVID-19 is primarily spread, as an airborne disease, by asymptomatic carriers. With effective vaccines available, the elimination of the contagion can no longer be left to guess-work, and wishful thinking. Stronger measures may be required.

Just as Smallpox has been largely eradicated from the face of the Earth by mandatory vaccinations, so it is to be hoped that the Coronavirus can be eradicated by a system of mandatory vaccinations.

The only truly political issue is whether the government of The Bahamas will have the will to add COVID-19 vaccinations to the list of mandatory vaccinations: whether the government will “follow the science” or, instead, continue to appease the public hysteria induced by social media.

Yours Faithfully,

AFRICANUS

Nassau,

April 26, 2021