MANDATORY VACCINATION, CONSTITUTIONAL — (RET) JUSTICE TIJAM

PILIPINO Mirror

INIHAYAG ni (Ret.) Justice Noel Gimenez Tijam na ‘constitutional’ o naaayon sa Saligang Batas ang pagsasagawa ng mandatory vaccination sa bansa.

Ang pahayag ay ginawa ni Tijam sa kanyang artikulong may titulong “My thoughts on the constitutionality of mass vaccination,” sa gitna na rin ng isinasagawang pagbabakuna sa mga mamamayan laban sa COVID-19.

Ayon kay Tijam, ang mandatory vaccination ay paggamit ng police power ng Estado at pagpapatupad ng constitutional policy upang matiyak na mapoprotektahan at maisusulong ang right to health o karapatan sa kalusugan ng mga mamamayan.

“In all, mandatory vaccination is constitutional. It is an exercise of the State’s police power and discharge of the constitutional State policy of protecting and promoting the people’s right to health,” ani Tijam. “As French Philosopher Jean-Jacques Rosseau had put it in The Social Contract, ‘Man is born free, and everywhere he is in chains.’”

Ipinaliwanag pa niya na ang karapatan ng isang mamamayan na malayang makapamili kung paano pangangalagaan ang kanyang sarili, ay hindi absolute at hindi maaaring makamtan kung mababalewala at maaapakan naman ang karapatan ng iba.

“Certainly, one’s right to freely choose how to care for his/her life is not to be exercised in complete and utter disregard of others. The unavoidability of hampering rights to respond to such indispensable need to protect public health is clear. Nevertheless, citizens are expected to uphold and participate in the promotion of common good. Invocation of constitutional rights perceived to be violated by this mandatory inoculation, such as the right to privacy, should not prevail if it would be detrimental to the common good. The exercise of a right is not absolute,” aniya pa.

Sa kabila nito, binigyang-diin pa ng mahistrado na hindi naman ito nagkakaloob sa Estado ng ‘unbridled power’ na maaaring magresulta sa ‘arbitrariness.’

Aniya pa, ang kapangyarihang ito ay dapat na i-exercise nang ayon lamang sa rason at pangangailangan.
“However, let it be emphasized that this does not bestow upon the State the unbridled power, which may result in arbitrariness. Such power must be exercised within the walls of reason and necessity,” aniya.

“Only when it is demonstrated after a careful and exhaustive study that mandatory vaccination is indispensable to advance public health would it be valid for the State to enact measures for that purpose,” dagdag pa ng mahistrado.

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