Lisa Forsberg’s Posts

Mandating COVID-19 Vaccination for Children

Written by Lisa Forsberg and Anthony Skelton

In many countries vaccine rollouts are now well underway. Vaccine programmes in Israel, the United Kingdom, Chile, United Arab Emirates, Bahrain and the United States have been particularly successful. Mass vaccination is vital to ending the pandemic. However, at present, vaccines are typically not approved for children under the age of 16. Full protection from COVID-19 at a population level will not be achieved until most children and adolescents are inoculated against the deadly disease. A number of pharmaceutical companies have started or will soon start clinical trials to test the safety and efficacy of COVID-19 vaccinations in children and adolescents. Initial results of clinical trials seem promising (see also here and here).

There are strong reasons to inoculate children. COVID-19 may harm or kill them. It disproportionately affects already disadvantaged populations. For example, a CDC study published in August 2020 found the hospitalisation rate to be five times higher for Black children and eight times higher for Latino children than it is for white children. In addition, inoculating children is necessary for establishing herd immunity and (perhaps more importantly), as Jeremy Samuel Faust and Angela L. Rasmussen explained in the New York Times, preventing the virus from spreading and mutating ‘into more dangerous variants, including ones that could harm both children and adults’. Continue reading

Inoculate to Imbibe? On the Pub Landlord Who Requires You to be Vaccinated against Covid

Written by Isra Black and Lisa Forsberg

Elsewhere on the blog Tom Douglas has discussed vaccine requirements for commonplace activities, such as going to the pub, created by the state in the form of law or guidance. Let’s call these vaccine requirements ‘state-originating’. Also on the blog, Julian Savulescu has discussed whether ‘immunity passports’ are a human rights issue. In our view, vaccine requirements or similar raise important issues of human rights in a legal, as well as ethical and rhetorical sense. Legally, since the action of public authorities would be implicated in state-originating vaccine requirements, the measures would be evaluated for their compliance with, among other things, the Human Rights Act 1998 (and therefore the rights protected by the European Convention on Human Rights) and the Equality Act 2010. The legality of state-originating vaccine requirements would depend on issues of principle (eg how should we trade-off interference with personal life and the freedoms to pursue economic and social activities?), scope (what sectors or activities?), and implementation (eg how to handle any exemptions?)

In this post, we take a different angle. We consider the legal human rights and equality dimensions of private-originating vaccine requirements—for example, ‘inoculate to imbibe’: your local pub requiring you to have had a coronavirus vaccine to enjoy a pint.

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Pandemic Ethics: Compulsory treatment or vaccination versus quarantine

By Thomas Douglas, Jonathan Pugh and Lisa Forsberg

Governments worldwide have responded to the Covid-19 pandemic with sweeping constraints on freedom of movement, including various forms of isolation, quarantine, and ‘lockdown’. Governments have also introduced new legal instruments to guarantee the lawfulness of their measures. In the UK, the Coronavirus Act 2020 gives the government new powers to detain individuals in order to prevent them from infecting others.

Interestingly, one measure that recent legislative changes in the UK leave off the table, at least for the time being, is the use of compulsory medical interventions—whether treatments or vaccinations. We surmise, however, that once treatments or vaccines for Covid-19 become available, there will be political interest in making them mandatory, since this may allow for the quickest and safest route out of the lockdown. In the case of vaccines, there will be a need to ensure that enough people are vaccinated to confer herd immunity. There may also be an argument for mandating vaccination of people who have contact with many others, such as teachers, retail staff and health care workers. In the case of treatments, we might hope that widespread use of anti-viral therapies will lighten the burden on the NHS by reducing the number of infected individuals who require intensive care. And there may be a need to ensure that people take the treatment even after their symptoms have resolved, to reduce their infectiousness.

From a legal point of view, there are clear barriers to compulsory treatments and vaccinations in the UK. The right of individuals with decision-making capacity to refuse any medical intervention that involves interference with their bodies is, for instance, robust and well-established in English law. This right persists even when the individual’s reasons for refusing the intervention are bizarre, irrational, or non-existent, and when the refusal would certainly lead to her death. The individual’s right to make her own medical decisions, and in particular to refuse interventions that interfere with her body, also enjoys robust protection in human rights law.
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Stalking Cat, tiger body modification, and the limits of consent

The American man who held the Guinness World Record for the most permanent transformations to look like an animal was recently found dead in his Nevada home. The man, known by his Native American name Stalking Cat (SC), had since the age of 23, when he had his first tiger stripe tattooed onto his body, undergone a series of body modification procedures aimed at altering his physical appearance to resemble that of a female tiger. In addition to tattooed tiger stripes across his body and numerous piercings, body modification procedures that SC underwent included having his upper lip surgically split, his ears pointed and earlobes elongated, subdermal silicone implants (to change the shape of his face and to facilitate the wearing of whiskers), and flattening of the nose via septum relocation.

A BBC profile on SC from ten years ago states that SC “travels to Phoenix, Arizona to have his surgery carried out by body modification artist Steve Hayward. Cat cannot go under the surgeon’s knife because it is illegal in the United States for a medical professional to alter someone’s appearance beyond what society deems normal.”

What would happen if a person (who, we stipulate, has capacity to make medical treatment decisions under the Mental Capacity Act 2005) wanted to have a similar range of procedures carried out in this jurisdiction?

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