Mandatory Vaccination in Malaysia: Analysis on Constitutional Framework in Relation to the Human Rights’ Issue

Abstract

The unprecedented COVID-19 pandemic has been the main focus of every Malaysian for the last few years. Vaccinations are crucial for protecting vulnerable groups including infants and those with impaired immune systems. Few countries have declared COVID-19 immunisation ‘mandatory' in order to raise vaccination rates while others are still debating whether they should do the same. Hence, this paper underscored the issues on compulsory vaccination pertaining to whether it violates the fundamental liberties incorporated in the Malaysian Federal Constitution in the purview of Article 5(1) on the issue of right to life and equality as well as human rights principle. The researchers adopted a doctrinal approach, where the data is analysed using the inductive, deductive method and materials were accumulated from the Malaysian and other jurisdictions’ legislations, case laws, journal articles, and others. This paper is intended for policymakers as well as the public to understand the possibility for implementing compulsory vaccinations from a legal perspective. This research also unravels and proves that mandatory COVID-19 vaccination does not amount to contravention and intervention on their fundamental human rights and is consistent with the constitutional principles in order to promote herd immunity.