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Right not to get vaccinated
Vaccine hesitancy is on the rise these days. Certain vaccine mandates imposed by state governments and union territory administrations were declared to be disproportionate by the Supreme Court. They frequently deny unvaccinated people access to essential social benefits and freedom of mobility.
Right not to get vaccinated
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The bench upheld the right to bodily integrity and personal autonomy of an individual in the light of vaccines and other public health measures.
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Bodily integrity is protected under Article 21 (right to life) of the Constitution and no individual can be forced to be vaccinated.
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The court struck a balance between individual right to bodily integrity and refuse treatment with the government’s concern for public health.
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When the issue is extended to “communitarian health”, the government was indeed “entitled to regulate issues”.
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But its right to regulate by imposing limits to individual rights was open to judicial scrutiny.
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Vaccine Hesitancy
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Vaccine hesitancy, also known as anti-vaccination or anti-vax, is a reluctance or refusal to be vaccinated or to have one’s children vaccinated against contagious diseases.
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It was identified by the World Health Organization as one of the top ten global health threats of 2019.
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The term encompasses outright refusal to vaccinate, delaying vaccines, accepting vaccines but remaining uncertain about their use, or using certain vaccines but not others.
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Arguments against vaccination are contradicted by overwhelming scientific consensus about the safety and efficacy of vaccines.
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Hesitancy primarily results from public debates around the medical, ethical and legal issues related to vaccines.
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Vaccine hesitancy often results in disease outbreaks and deaths from vaccine-preventable diseases.
Vaccine hesitancy stems from multiple key factors
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Person’s lack of confidence (mistrust of the vaccine and/or healthcare provider)
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complacency (the person does not see a need for the vaccine or does not see the value of the vaccine)
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convenience (access to vaccines).