5 December, 2025, 8:43 pm 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
Attorney General must work closely with the GCC on reform of native land laws - President
The principle of free, prior, informed consent or the requirement for effective consultations is crucial to the reform of our laws on native land and ...
3 hours ago
LATEST NEWS
Deaf respondents were among the most affected by online abuse during COVID-19 survey
Findings from the Fiji Disabled People’s Federation and the Disability Rights Fund survey show that during COVID-19, 24 percent of respondents ...
3 hours ago

$140,000 renovation project of Empower Pacific Counselling Centre aims to provide improved services
A $140,000 renovation project, funded through a donation by the Church of Jesus Christ of Latter-day Saints, has seen the soft-launch of the Empower ...
3 hours ago

People's Fiji and Next Gen Alliance Party applications released for public objection
The Fijian Elections Office has confirmed the publication of applications from two proposed political parties. Speaking to the media, Supervisor ...
3 hours ago

Tourism Fiji strengthens its engagement with operators in Vanua Levu and Taveuni
A platform for open discussion on opportunities, constraints, and pathways to improve tourism outcomes in Vanua Levu and Taveuni was the main focus ...
4 hours ago

Vou makes history as first Fijians to headline major NZ Arts Festival
A proud moment for Fiji’s creative industry is on the horizon, as Vou Dance Company prepares to make history on two of New Zealand’s major arts ...
6 hours ago



Stay tuned for the latest news on our radio stations

CFL radio frequencies
IN DEPTH
Fiji Law Society Convention 2025
There is a constant struggle that we seem to have in Fiji with upholding and respecting the rule of law, and in my view, I think it starts at the ...
10 hours ago

Tribunal case of suspended Commissioner of Corrections Dr Nakarawa
Tribunal proceedings for suspended Corrections Commissioner Dr Nakarawa are underway, focusing on allegations of misbehaviour during his tenure as ...
10 hours ago

Inspire Pacific Founder Ben Morrison and Peer Mentor Tikiko Tavualevu on fijivillage Straight Talk with Vijay Narayan
Pastor Ben Morrison and Tikiko Tavualevu on fijivillage Straight Talk with Vijay Narayan as they discuss Inspire Pacific’s specialised ...
1 day ago

TOP