Editorial: The Right to Liberty Versus the Right to Public Health: Administrative and Criminal Sanctions on Covid-19 Mandatory Vaccination Programs in Indonesia under International Human Rights Law



Adinda Persilka Chaerunisa(1*), Mastin Annisa Nur Fauziah(2)

(1) Universitas Gadjah Mada
(2) Universitas Gadjah Mada
(*) Corresponding Author

Abstract


The mandatory vaccination programs triggered a heated public debate between Indonesian vaccine supporters and anti-vaxxers. The necessity and urgency of administrative and criminal sanction for vaccine refusal has been questioned, the criminal element of the sanction in COVID-19 mandatory vaccination has been seen as a threat to the right to liberty of a person protected under the Article 9 of International Covenant on Civil and Political Rights. Albeit, the argument of invoking personal liberty, there is an imminent threat on public health in the COVID- 19 pandemic. In implementing policies and regulations, the Indonesian government shall adhere to international human rights law as a guidance especially when limiting certain rights prescribed in the Covenant. This editorial aims to assess the legitimacy of the limitation of the right to liberty on the grounds of public health under the Siracusa Principles.


Keywords


Mandatory vaccination, ICCPR, Siracusa Principles, COVID-19, the right to liberty

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