COVID-19 VACCINE MANDATES IN NIGERIA: A PROPORTIONALITY ANALYSIS OF PUBLIC HEALTH AND HUMAN RIGHTS1

Abstract

COVID-19 vaccine mandate in Nigeria raised both legal and ethical questions around the tension between the protection of public health and human rights. This article attempts an examination of COVID-19 vaccine mandate in Nigeria and standard for the derogation and limitation of human rights for the protection of public health in the context of COVID-19 vaccine mandate; and recommends the adoption of the proportionality principle. It is obvious that COVID-19 pandemic is not only a threat to public health but is also a threat to human rights. As public health measures are being taken to contain the spread of the virus, measures should also be taken to protect the rights and dignity of persons. The strict protection of human rights amidst public health emergencies may be detrimental to public health; likewise, the gross abuse of human rights during a public health emergency and global pandemic may grossly violate human rights. This article attempts to analyze COVID-19 Vaccine mandates in Nigeria through the lens of the proportionality principle. This article argues that for COVID-19 vaccine mandate to be justified, the principle of proportionality must be considered to ascertain if the human right limitation is rational and proportionate to the public health threat posed. Vaccine mandate limit human rights; such limitation of rights ought not be left at the discretion and mercy of government or policy makers. There is need to regulate vaccine mandate in Nigeria to avoid abuse.