Mandatory COVID-19 Vaccination Program in Indonesia Under International Human Rights Law: A Legitimate Limitation?

DOI

10.2991/assehr.k.211112.008How to use a DOI?

Keywords

COVID-19; mandatory vaccination; international human rights law; human rights limitation

Abstract

The Indonesian government has initiated a mandatory national vaccination program to create herd immunity by enacting Presidential Regulation Number 99 of 2020 which was amended by Presidential Regulation Number 14 of 2021. These regulations limit the right to reject vaccinations, which falls within the scope of the right to conscientious objection derived from Article 18 of the International Covenant on Civil and Political Rights. Pertinent to the growing vaccine hesitancy phenomenon, the legitimacy of this limitation shall be scrutinized through the perspective of international human rights law (“IHRL”) that binds Indonesia. Addressing the said issue, this doctrinal research paper utilizes juridical-normative research methods with conceptual and case approaches. In conclusion, IHRL permits States to limit human rights so long as the said limitation is prescribed by law, necessary in a democratic society, and proportionate to achieve the legitimate aim. Departing from these requirements, mandatory COVID-19 vaccination in Indonesia is justifiable as it fulfills these required elements. First, as IHRL does not require the limitation to be regulated in an Act, this limitation has been ‘prescribed by the law’ as it is regulated under the Presidential Regulation in a clear, accessible, and predictable manner. Second, this mandatory vaccination is ‘necessary in a democratic society’ as there exist factual pressing social needs, and this measure is to pursue a legitimate aim, namely public health. This program is also ‘proportionate’ to strike a balance between the competing public and private interests to achieve herd immunity.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Yosua Putra Iskandar
AU  - Laila Maghfira Andaretna
PY  - 2021
DA  - 2021/11/23
TI  - Mandatory COVID-19 Vaccination Program in Indonesia Under International Human Rights Law: A Legitimate Limitation?
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 60
EP  - 70
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.008
DO  - 10.2991/assehr.k.211112.008
ID  - Iskandar2021
ER  -