Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic

Lefri Mikhael(1email)


(1) Faculty of Law Sebelas Maret University, Surakarta, Indonesia
email Corresponding Author
CrossMark

Abstract


The 2019 Coronavirus disease virus that shocked the world at the beginning of 2020 as a pandemic had consequences for several sectors of life, especially human health. Health as a fundamental human right that is owned by every human being needs to be considered during the Pandemic. Various efforts have been made by the Government to deal with this situation, one of them is the Covid-19 vaccination. Then, the question is whether the vaccination is optional or mandatory. The research carried out is a normative juridical research with a conceptual approach and a statutory approach related to the Covid-19 vaccination policy and the collection of legal materials obtained through a literature study. In summary, this article explains that the Covid-19 vaccination is part of the fulfillment of the right to health during the Pandemic and it can be said as an obligation for those who are prioritized as vaccine recipients, with the main reason of achieving public health.

Keywords


Vaccinations Covid-19 Pandemic; Right to Health; Vaccination Obligations


DOI


10.47268/sasi.v27i4.682

Published


2021-11-27

How To Cite


APA: Mikhael, L. (2021). Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic. SASI, 27(4), 423 - 429. DOI: https://doi.org/10.47268/sasi.v27i4.682.
IEEE: L. Mikhael, "Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic", SASI, vol. 27, no. 4, pp. 423 - 429, Nov. 2021. Accessed on: Apr. 27, 2025. [Online]. Available DOI: https://doi.org/10.47268/sasi.v27i4.682
Harvard: Mikhael, L., (2021). "Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic". SASI, Volume 27(4), pp. 423 - 429. [Online]. Available DOI: https://doi.org/10.47268/sasi.v27i4.682 (Accessed on: 27 April 2025)
Chicago: Mikhael, Lefri. "Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic." SASI 27, no. 4 (November 27, 2021): 423 - 429. Accessed April 27, 2025. doi:10.47268/sasi.v27i4.682
Vancouver: Mikhael L. Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic. SASI [Internet]. 2021 Nov 27 [cited 2025 Apr 27];27(4):423 - 429. Available from: https://doi.org/10.47268/sasi.v27i4.682
MLA 8th: Mikhael, Lefri. "Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic." SASI, vol. 27, no. 4, 27 Nov. 2021, pp. 423 - 429, doi:10.47268/sasi.v27i4.682. Accessed 27 Apr. 2025.
BibTeX:
@article{SASI682,
		author = {Lefri Mikhael},
		title = {Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic},
		journal = {SASI},
		volume = {27},
		number = {4},
		year = {2021},
		keywords = {Vaccinations Covid-19 Pandemic; Right to Health; Vaccination Obligations},
		abstract = {The 2019 Coronavirus disease virus that shocked the world at the beginning of 2020 as a pandemic had consequences for several sectors of life, especially human health. Health as a fundamental human right that is owned by every human being needs to be considered during the Pandemic. Various efforts have been made by the Government to deal with this situation, one of them is the Covid-19 vaccination. Then, the question is whether the vaccination is optional or mandatory. The research carried out is a normative juridical research with a conceptual approach and a statutory approach related to the Covid-19 vaccination policy and the collection of legal materials obtained through a literature study. In summary, this article explains that the Covid-19 vaccination is part of the fulfillment of the right to health during the Pandemic and it can be said as an obligation for those who are prioritized as vaccine recipients, with the main reason of achieving public health.},
				issn = {2614-2961},		pages = {423--429}			doi = {10.47268/sasi.v27i4.682},
				url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/682}
		}
		
RefWorks:

   


Journal

[1] Ayunda, R., Kosasih, V., & Disemadi, H. S. (2021). Perlindungan Hukum Bagi Masyarakat Terhadap Efek Samping Pasca Pelaksanaan Vaksinasi Covid-19 Di Indonesia. NUSANTARA: Jurnal Ilmu Pengetahuan Sosial, 8(3), 194-206.

[2] Fontanet, A., & Cauchemez, S. (2020). COVID-19 herd immunity: where are we?. Nature Reviews Immunology, 20(10), 583-584.
https://doi.org/10.1038/s41577-020-00451-5

[3] Forman, L., & Kohler, J. C. (2020). Global health and human rights in the time of COVID-19: Response, restrictions, and legitimacy. Journal of Human Rights, 19(5), 547-556.
https://doi.org/10.1080/14754835.2020.1818556

[4] Hidayat, R. A. (2017). Hak Atas derajat pelayanan kesehatan yang optimal. Syariah: Jurnal Hukum dan Pemikiran, 16(2), 127-134.
https://doi.org/10.18592/sy.v16i2.1035

[5] Kunarso, K., & Sumaryanto, A. D. (2020). Eksistensi Perjanjian Ditengah Pandemi Covid-19. Batulis Civil Law Review, 1(1), 33-46.
https://doi.org/10.47268/ballrev.v1i1.423

[6] Kurniawan, M. B. (2021). Politik Hukum Pemerintah dalam Penanganan Pandemi Covid-19 Ditinjau dari Perspektif Hak Asasi atas Kesehatan. Jurnal HAM, 12(1), 37-56.
https://doi.org/10.30641/ham.2021.12.37-56

[7] Matompo, O. S. (2014). Pembatasan Terhadap Hak Asasi Manusia Dalam Prespektif Keadaan Darurat. Jurnal Media Hukum, 21(1), 16.

[8] Saija, R., & Sudiarawan, K. A. (2021). Perlindungan Hukum Bagi Perusahaan Debitur Pailit dalam Menghadapi Pandemi Covid 19. Batulis Civil Law Review, 2(1), 66-77.
https://doi.org/10.47268/ballrev.v2i1.474

[9] Taun, T., & Nugraha, A. (2020). Penerapan Hukum dalam Pemutusan Hubungan Kerja dan Kebijakan Bank Terhadap Debitur yang Terdampak Pandemi Covid-19. Batulis Civil Law Review, 1(1), 24-32.
https://doi.org/10.47268/ballrev.v1i1.422

[10] Wang, D. W. L., Moribe, G., & Arruda, A. L. G. D. M. (2021). Is Mandatory Vaccination for COVID-19 Constitutional under Brazilian Law?. Health and Human Rights, 23(1), 163.

Books

[11] Alexander, D. N. (2006). The Limits of Russian Democratisation Emergency Powers and State of Emergency. London & New York: Routledge.

Online/World Wide Web, Thesis etc

[12] Bali Provincial Health Office, 2021, "Yuk, Kenali lebih jauh Vaksinasi Covid-19", Sept 19. https://www.diskes.baliprov.go.id/yuk-kenali-lebih-jauh-vaksinasi-covid-19/.

[13] UN Committee On Economic, Social And Cultural Rights, 2020, "Statement on the coronavirus disease (COVID-19) pandemic and economic, social and cultural rights" UN Doc. E/C.12/2020/1 (See Para. 12, p3), Geneva: United Nations.

[14] World Health Organization, 2021, "Confirmed Case of Covid-19 Globally", Sept 20. https://covid19.who.int/.

[15] World Health Organization. (2021). COVID-19 and mandatory vaccination: ethical considerations and caveats: policy brief, 13 April 2021. In COVID-19 and mandatory vaccination: ethical considerations and caveats: policy brief, 13 April 2021.

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Cited-By:

 

1. Modernising European Legal Education (MELE)
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2. PRAVNI I DRUŠTVENI ASPEKTI VAKCINACIJE TOKOM PANDEMIJE KOVIDA 19 = LEGAL AND SOCIAL ASPECTS OF VACCINATION DURING THE COVID-19 PANDEMIC
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Dublin Core PKP Metadata Items Metadata for this Document
 
1. Title Title of document Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic
 
2. Creator Author's name, affiliation, country Lefri Mikhael; Faculty of Law Sebelas Maret University, Surakarta; Indonesia
 
3. Subject Discipline(s)
 
3. Subject Keyword(s) Vaccinations Covid-19 Pandemic; Right to Health; Vaccination Obligations
 
4. Description Abstract The 2019 Coronavirus disease virus that shocked the world at the beginning of 2020 as a pandemic had consequences for several sectors of life, especially human health. Health as a fundamental human right that is owned by every human being needs to be considered during the Pandemic. Various efforts have been made by the Government to deal with this situation, one of them is the Covid-19 vaccination. Then, the question is whether the vaccination is optional or mandatory. The research carried out is a normative juridical research with a conceptual approach and a statutory approach related to the Covid-19 vaccination policy and the collection of legal materials obtained through a literature study. In summary, this article explains that the Covid-19 vaccination is part of the fulfillment of the right to health during the Pandemic and it can be said as an obligation for those who are prioritized as vaccine recipients, with the main reason of achieving public health.
 
5. Publisher Organizing agency, location Faculty of Law, Universitas Pattimura
 
6. Contributor Sponsor(s)
 
7. Date (YYYY-MM-DD) 2021-11-27
 
8. Type Status & genre Peer-reviewed Article
 
8. Type Type
 
9. Format File format PDF
 
10. Identifier Uniform Resource Identifier https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/682
 
10. Identifier Digital Object Identifier 10.47268/sasi.v27i4.682
 
11. Source Title; vol., no. (year) SASI; Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021
 
12. Language English=en en
 
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14. Coverage Geo-spatial location, chronological period, research sample (gender, age, etc.)
 
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Copyright (c) 2021 Lefri Mikhael

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

 

Cited-By:

 

1. Modernising European Legal Education (MELE)
Elena Ignovska
ISBN: 978-3-031-40801-4  first page: 283  year: 2023  
Type: Book [View Source]

 

2. PRAVNI I DRUŠTVENI ASPEKTI VAKCINACIJE TOKOM PANDEMIJE KOVIDA 19 = LEGAL AND SOCIAL ASPECTS OF VACCINATION DURING THE COVID-19 PANDEMIC
Elena Ignovska
ISBN: 9788680186887  first page: 71  year: 2022  
Type: Book [View Source]