Deputy Minister of Health Doctor. Sibongiseni Dhlomo states that the rights of individuals who are not vaccinated against Covid 19 are defeated by the rights of the population who choose to be vaccinated.
Dhlomo answered a question from the MP during a media briefing on Wednesday's Omicron variant.
This was after President Cyril Ramaphosa gave a national speech on Sunday, stating that the government was participating in the introduction of forced immunization for access to workplaces and public events.
Dhlomo said individuals can choose not to be vaccinated, but should not be allowed to expose the majority of people vaccinated with Covid19.
"Collective rights take precedence over individual rights. If you wish, we will not refuse to stay at home, but if you refuse to be vaccinated but want to work with you, take a taxi with the other 10 vaccinated people. I can not do it.
"You may find a place for yourself somewhere because you are willing to protect the collective rights of many others while claiming your individual's right not to be vaccinated." He said.
Last month, the SA Human Rights Commission (SAHRC) discovered that compulsory Covid19 vaccination was not necessarily a violation of human rights.
The Commission stated that the general law requiring South Africans to be vaccinated is constitutionally perfect in appropriate circumstances. However, the government was first asked to consider all options for encouraging voluntary vaccination.
"The Constitution protects the rights of some individuals, including health, life, religious freedom, a healthy environment, and the right to human freedom and security. It includes the right to maintain safety and the right not to undergo medical or scientific experiments without consent.
"Restrictions are appropriate, but the Constitution provides for restrictions on the Code of Rights. Therefore, the Basic Law.
Within the meaning of Article 36 of the above, individual rights may be restricted to non-harmful rights (such as rights to life and human dignity), while these by law with general application. When rights are restricted, that is, when the state enacts legislation to develop a general compulsory Covid 19 vaccination system.
Second, as long as the restrictions are wise and legitimate, even in an open democratic society based on human dignity, equality and freedom.
"This means that requesting vaccination is" constitutionally acceptable "if done in accordance with constitutional procedures."
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