5 February, 2026, 7:42 am Central - 24°C Clouds

The State and the employers have the right to refuse you entry into the workplace however people can refuse vaccination as it is their right – Jalal
The employer has a duty to protect other workers

The State and the employers have the right to refuse you entry into the workplace however people can refuse vaccination as it is their right – Jalal

The employer has a duty to protect other workers

By Vijay Narayan
12/07/2021
International human rights lawyer, Imrana Jalal - [Photo: facebook account]

An international human rights lawyer, Imrana Jalal says people can refuse the vaccination as it is their right and no person, not even the State can force you to take it but the State and the employers have the right to refuse you entry into the workplace.

Jalal has said on facebook that the employer has a duty to protect other workers.

She says you can exercise the right not to get vaccinated, which is constitutionally protected, and the State is wrong to criminalize it.

Jalal says the State cannot override that right via regulations which haven’t even been debated in Parliament. She says the taking away of a constitutionally protected right is a very serious matter and cannot be limited via regulations as this is no small matter. This also means the State cannot legislate for compulsory vaccination.

But Jalal says the right to bar entry to an unvaccinated person is also legal.

The international human rights lawyer says your choices come with consequences.

Jalal says the right to life is the most overriding human right, more important than any other right, in the hierarchy of rights, so an employer refusing entry to an unvaccinated person is standing on firm legal ground.

She says the State can say to civil servants that they cannot enter Government premises for work unless they are vaccinated.

Jalal says several different jurisdictions have ruled in favour of vaccination, for example for schools, although not COVID, but this is a precedent of sorts.

She says since the courts in other common law countries have ruled in favour for vaccination as a requirement for work or schooling then we can expect that most courts would do the same.

Jalal says the most recent one is the European Court of Human Rights, although for a different vaccine.

The ruling is the first time that the European Court of Human Rights has weighed in on the issue of compulsory vaccinations. The decision could play a role in efforts to end the coronavirus pandemic.

Parents had protested Czech rules that schoolchildren should be vaccinated to attend class

The European Court of Human Rights (ECHR) in Strasbourg ruled that compulsory vaccinations would not contravene human rights law, and may be necessary in democratic societies.

Although the ruling did not deal directly with COVID-19 vaccines, experts believe it could have implications for the vaccination drive against the virus, especially for those who have so far stated a refusal to accept the jab.

Nicolas Hervieu, a legal expert specializing in the European Court of Human Rights, told AFP news agency that this judgment reinforces the possibility of a compulsory vaccination under conditions of the current COVID-19 epidemic.

FEATURE NEWS
Calls made in Galoa to reintroduce corporal punishment for iTaukei students
Calls for the return of corporal punishment in schools — targeted specifically at iTaukei students — were raised by villagers of Galoa in Serua du...
14 hours ago
LATEST NEWS
Heavy Rain Alert remains for Vanua Levu, Taveuni and nearby small islands
A Heavy Rain Alert remains in force for Vanua Levu, Taveuni and nearby smaller islands, Lau and Lomaiviti groups.The Nadi Weather Office says a ...
4 minutes ago

Hearing on former MSAF CEO's judicial review leave application on March 13th
The hearing on sacked Maritime Safety Authority of Fiji CEO Joweli Cawaki's leave application for a judicial review will be on the March ...
4 minutes ago

Man removed from Veivatuloa Village in Namosi for possessing marijuana
A man who has maternal links to Veivatuloa Village in Namosi has been removed from the village after marijuana was found at his home.Tui Namosi, Ratu ...
12 hours ago

JSC to hear Malimali, State and PM’s counsel on High Court orders
The Judicial Services Commission, after extensive deliberations in its meeting today, has resolved to invite former FICAC Commissioner Barbara ...
12 hours ago

Mataqali Saniveikau gives five-day ultimatum over water catchment dispute
The Mataqali Saniveikau has given the iTaukei Land Trust Board and the Tailevu Provincial Office five days to meet with them, together with the ...
15 hours ago



Stay tuned for the latest news on our radio stations

CFL radio frequencies
IN DEPTH
Ailava Samuels to represent Fiji in Miss Pacific Pageant
Miss Fiji 2025 first runner-up and Miss Nasinu, Ailava Samuels, has been officially appointed as Fiji’s representative to next month's Miss ...
14 days ago

Referendum Bill risks undermining democracy - Dialogue Fiji
The National Referendum Bill risks undermining democracy by criminalising political expression, enabling state overreach and excluding young people ...
16 days ago

Shocking move : FNU reassigned under PM
The Fiji National University is being reassigned under the Prime Minister's Office Ministerial Portfolio via the Ministry of Strategic Planning, ...
16 days ago

TOP