Is COVID-19 Vaccine Passport and Mandate lawful?

Dawn

With COVID-19 being rampant around the world for the past 14 months resulting in the death of 24 million people and the infection of 180 million people, pharmaceuticals around the world are racing to market their COVID-19 vaccines.

Vaccines still in Experimental Stage

In US, Food and Drug Administration (FDA) has granted the emergency use authorization (EUA) for Pfizer/BioNtech, Moderna, and Johnson & Johnson vaccines. In addition to those three vaccines, Canada has approved Oxford-AstraZeneca from UK and Covishield (AstraZeneca vaccine produced by the Serum Institute of India), while reviewing Novavax, a sixth vaccine.

It is important to know that FDA has not officially licensed those vaccines. FDA will evaluate the trial data collected in the next two years and decide then whether those vaccines are safe and effective enough to be licensed.  This means Covid-19 vaccines are still in experimental stages and their risks are still being evaluated and not eliminated.

Severe Adverse Reactions from Vaccines Reported

Historically a vaccine can take more than 10 years to complete its development and evaluation phases, Covid-19 took less than one year to reach the market for mass human vaccination.

The speed of vaccines to market without proper trials and peer-reviews and the potential mandate of vaccine passport have raised fears and concerns among people including many medical experts.

American’s Frontline Doctors organization has issued a white paper stating that COVID-19 vaccines are in  experimental stage without proper animal trials and peer-reviewed data , they question the safety of the vaccine and are concerned that “the vaccine recipient more likely to suffer a sudden fatal outcome due to massive cytokine storm when exposed to the wild virus”.[8]

Meanwhile a group of doctors and scientists are challenging the European Medicines Agency (EMA) to either prove the safety of COVID-19 vaccines or withdraw the vaccines’ authorisation. The dangers they listed in their open letter include the potential consequences of COVID-19 vaccine technology, possible autoimmune reactions, blood clotting abnormalities, stroke and internal bleeding, “including in the brain, spinal cord and heart”. [4]

In Europe, so far 3,964 dead and 162,610 injuries from Covid-19 vaccines have been reported[1], the adverse reaction data are updated weekly on the UK government website.[2]

In US 1,913 deaths have been reported as of March 15, 2021.[3]

Vaccine Efficacy in Questions

US Center for Disease Control and Prevention (CDC) recommends that:

“fully vaccinated people continue to take these COVID-19 precautions when in public, when visiting with unvaccinated people from multiple other households, and when around unvaccinated people who are at high risk of getting severely ill from COVID-19:

  • Wear a well-fitted mask.
  • Stay at least 6 feet from people you do not live with.
  • Avoid medium- and large-sized in-person gatherings.
  • Get tested if experiencing COVID-19 symptoms.”[13]

As the vaccinated people themselves could potentially carry or spread virus or be infected again, this means the efficacy of vaccines are still in question.

Vaccine Passport and Vaccine Mandate

With the safety and efficacy of the vaccine in questions, governments in many countries are massively rolling out Covid-19 vaccination and have even started to advocate Covid-19 vaccine passport to prove that you have been vaccinated against Covid-19.

Canadian Prime minister says that vaccine passports could work and are actively exploring it for international travel.[12]

British prime minister Boris Johnson has confirmed that the UK government will test out a “vaccine passport” system for travel and large events.

Although Dr. Anthony Fauci, US National Institute of Allergy and Infectious Disease, says “I doubt that the federal government will be the main mover of a vaccine passport concept” , New York has announced the vaccine passport on March 26, 2021 and becomes the first state to launch virtual Covid-19 passport.

Businesses such as Royal Caribbean Cruise ship company require their customers 18 years and older to be fully vaccinated with proof of vaccination.  Even some employers require their employees to be vaccinated and Rutgers University has become the first university to mandate them for students and employees. 

Vaccination should be voluntary per EUA and FDA

Under an EUA “vaccines are not allowed to be mandatory. So, early in this vaccination phase, individuals will have to be consented and they won’t be able to be mandatory.”[6]

The FDA EUA says to “ensure that recipients are informed to the extent practicable given the applicable circumstances … That they have the option to accept or refuse the EUA product …”[5]

Dr. Cohn says in the FDA guidance that: “Organizations, such as hospitals, with licensed products do have capability of asking their workers to get the vaccine. But in the setting of an EUA, patients and individuals will have the right to refuse the vaccine.”[7]

Vaccine Mandate and Vaccine Passport are Unethical and unlawful

In conclusion, as the COVID-19 vaccines are still in experimental stage, and FDA and EUA clearly prohibit the mandate of a vaccine still under EUA, it is unethical and unlawful for organizations and business to mandate COVID-19 vaccination to their employees or customers. The business should not discriminate their customers based on vaccination status because it is brutal violation of personal medical privacy and moreover US state law often prohibits retaliating against an employee for refusing to participate in a violation of federal law.

Senior World Health Organization official, Dr. Michael Ryan, said on March 8, 2021, there are “real practical and ethical considerations” for countries considering using vaccine certification as a condition for travel, adding the U.N. health agency advises against it for now.[9]

American’s Frontline Doctors organization are also against vaccine mandate or passport:

“Mandates for experimental medical therapies are neither permissible nor advisable. Ordinary Americans should not be compelled to sign up for a “vaccine passport” or similar mandate just to travel on an airplane or see a concert with friends. The potential for third-party abuse of private health information and real medical risk to individuals remains much too high. Concentrations of private power pose a threat to privacy and other civil liberties and policy makers must proceed with caution.”[8]

Furthermore, to prevent and treat COVID-19, vaccine is neither the only choice nor the best solution. Doctors from American Frontline Doctors organization[10] and Front Line COVID-19 Critical Care Alliance (FLCCC)[11] have proven and testified that multiple drug treatment protocols involving Hydroxychloroquine and/or Ivermectin are very effective and safe.

Reference Links:

[1] 3,964 Dead 162,610 Injuries: European Database of Adverse Drug Reactions for COVID-19 “Vaccines”

[2] Coronavirus (COVID-19) vaccine adverse reactions

[3] What to Know About Blood Clots, Anaphylaxis and Other Vaccine Fears

[4] Doctors and Scientists Challenge European Medicines Agency on COVID-19 Vaccine Danger

[5] Emergency Use Authorization of Medical Products and Related Authorities, page 24

[6] Department of Health and Human Services Centers for Diesease Control and Prevention, Advisory Committee on Immunization Practices (ACIP), Summary Report August 26, 2020 Atlanta, Georgia, page 56

[7] FOOD AND DRUG ADMINISTRATION (FDA) Center for Biologics Evaluation and Research (CBER) 161st Vaccines and Related Biological Products Advisory Committee (VRBPAC) Meeting, page 156

[8] America’s Frontline Doctors White Paper On Experimental Vaccines For COVID-19

[9] WHO cautions against vaccine passports for international travel

[10] America’s Frontline Doctors website

[11] Front Line COVID-19 Critical Care Alliance

[12] Trudeau Government Says Vaccine Passports Could Work

[13] CDC Issues First Set of Guidelines on How Fully Vaccinated People Can Visit Safely with Others, March 8, 2021

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