pubs

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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