AS the National Covid-19 Immunisation Programme is under way in the country, the issue concerning discrimination – which can be made based on vaccination status of an individual – should be given serious attention by everyone.
No one should be subjected to any forms of discrimination and this includes being discriminated based on their vaccination status.
As we all aware, our government has initiated the National Covid-19 Immunisation Programme, which began last February.
Through this programme, the government is targeting 80% of the country’s population or 26.5 million individuals to receive the Covid-19 vaccine.
We need to be realistic, it will take a considerable period of time for all objectives set in the National Covid-19 Immunisation Programme to be achieved due to the large population we have in the country.
While waiting for Covid-19 vaccine to be distributed and given to people, it is not fair for anyone, entity or institution to make their own rules or regulations that discriminate against people based on their vaccination status.
We must also never forget that the vaccination programme in the country is a voluntary process, nobody should be forced directly or indirectly to take the Covid-19 vaccine.
It is most important for us to realise that not everyone is able to take such vaccines due to their health status or for medical reasons.
As such, any forms of discrimination on the basis of vaccination status is wrong as it affect an individual’s basic rights and freedom.
What is discrimination? Discrimination is the act of making unjustified distinctions between individuals.
They may be subjected to discrimination for various reasons.
The most common act of discrimination towards an individual includes discrimination based on the individual’s sex, gender, race, skin colour, age, nationality, religion, sexual orientation and political affiliation.
With the arrival and distribution process of Covid-19 vaccine being implemented in the country, individuals might face the risk of being discriminated based on their vaccination status.
Anyone, or even entity or institution, might create their own rules and regulations based on the vaccination status of individuals.
Examples of discriminatory practice that may occur include prohibiting people who have yet to receive the Covid-19 vaccine from attending any meetings, seminars, courses, workshops, or interview process.
Prohibiting people from entering into any facilities like shopping complexes, shops, restaurants, banks, hotels, libraries, places of worship, service centres, and workplaces.
Prohibiting people from entering schools and universities, and using public transport like taxis, buses and LRT, and many more.
The government must monitor the situation in the country and constantly remind everyone not to commit any acts of discrimination towards anyone based on their vaccination status.
It is very important for us to respect an individual’s basic rights and freedom.
Any forms of discrimination should not be allowed in this country.
This matter has also been addressed clearly under our Federal Constitution, the highest law in the land.
Article 8 Clause 2 of the Federal Constitution states that, “Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, gender or place of birth in any law ...”.
This clearly indicates to us that everybody should receive same treatment and there cannot be room for anyone or entity to commit the act towards anyone except if expressly permitted by the Federal Constitution itself.
Though Article 8 Clause 2 of the Federal Constitution does not highlight vaccine status as one of the factors or grounds to be considered for discrimination, it does not mean that we are permitted to do it or create rules and regulations that can discriminate against people based on their vaccination status.
We should not read our Federal Constitution literally or strictly.
There are many other factors or grounds besides what has been stipulated within the Federal Constitution that can give rise to the issue of discrimination itself and this includes the vaccination status of an individual.
The idea of equality before the law and prohibition of discrimination is also embodied under the principle of human rights.
Article 7 of the Universal Declaration of Human Rights (UDHR) 1948 clearly states that, “All are equal before the law and are entitled without any discrimination to equal protection of the law.
“All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination”.
People should not be subjected to any forms of discrimination and this includes discrimination based on their vaccination status.
Individual basic rights and freedom should be valued and protected at all times.
Muzaffar Syah Mallow is an associate professor of Faculty of Syariah and Law, at Universiti Sains Islam Malaysia.
Comments: letters@thesundaily.com
