Reflections from the COVID-19 Vaccine Mandate in Nigeria: Balancing Public Health and Human Rights

Abstract

The introduction of mandatory COVID-19 vaccinations in Nigeria sparked significant debate regarding the balance between public health imperatives and human rights. It is not clear the extent of public health emergency that permits the derogation or limitation of human rights for the protection of public health in Nigeria. There is a need to find reasonable ways to balance these competing values in the light of available options. It is obvious that COVID-19 pandemic is not only a threat to public health but is also a threat to human rights. As public health measures are being taken to combat the spread of the virus, measures should also be taken to protect the rights of persons. The strict protection of human rights amidst public health emergencies like COVID-19 pandemic may be detrimental to public health; likewise, the gross abuse of human rights during a public health emergency and global pandemic. This article aims to find a balance through the lens of the proportionality principle. The degree of infringement and limitation of human rights for public health interventions must be proportional to the degree of expected benefits. For COVID-19 vaccine mandate to be justified, the principle of proportionality must be considered to ascertain if the human right limitation is rational and proportionate to the public health threat posed. Vaccine mandates is a limitation of human rights; and such limitation of rights ought not be left at the discretion and mercy of government or policy makers. Rational and minimally intrusive strategies should be adopted in public health policies. This article explores the application of the proportionality principle in assessing the legality and ethicality of vaccine mandates in Nigeria.