MEDChronicle www.medicalacademic.co.za
The doctor's newspaper
APRIL 2021
Ethics and legalities of mandatory vaccination
With the rollout of Covid-19 vaccines in SA, employers are facing the question of whether or not they can compel employees to undergo mandatory vaccination, and equally controversial, whether they ought to for the sake of fulfilling their health and safety obligations? By Nicky Belseck, medical journalist
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HERE ARE A significant number of people around the world and indeed in SA that have indicated that they do not intend to be vaccinated against Covid-19, and the reasons for the objections are varied, some you may consider more rational than others, but be that as it may, they do exist,” said Verushka Reddy (director, Norton Rose Fulbright) during a webinar looking at the ethics and legalities of vaccines and vaccination. “The SA government has made it clear that vaccination is voluntary, and it will be free. Employers on the other hand are not necessarily
required to follow suit. So the question is, can employers compel their employees to undergo vaccination for Covid-19? WHAT THE LAW SAYS “The two key pieces of legislation in the employment space are the Employment Equity Act and the Labour Relations Act,” said Reddy. “The Employment Equity Act prohibits direct and indirect discrimination against an employee as well as job applicants on grounds such as religion, conscience, belief, political opinion, or culture. The Labour Relations Act similarly prohibits dismissals on those grounds as well as prejudice to an employee on those grounds. So an employee’s decision not to vaccinate would likely fall into one of those listed grounds, most likely
conscience, and belief. Therefore, if an employee were to face adverse consequences based on their decision not to vaccinate in the workplace, an employer in general would find themselves falling foul of both the Labour Relations Act and the Employment Equity Act. If this is the case, a court may reverse the employers decision and an employee may be reinstated if they were dismissed or they may be compensated up to 24 months remuneration, and possibly also an employer may be required to pay damages that the employee is able to prove. WHAT THE CONSTITUTION SAYS “Our Constitution guarantees everyone the right to human dignity,” said Laura Macfarlane (director, Norton Rose Fulbright).
“We also have the right to bodily and psychological integrity, which includes security and control over our own bodies and the right not to be subject to medical or scientific experiments without our informed consent. The Constitution further guarantees the right to privacy, and lastly, it enshrines the right to freedom of conscious religion, thought, belief and opinion. “When assessing whether a mandatory vaccination policy, or the consequences that may result from an employee refusing to comply, offends these rights we need to look at the context of each right, whether infringement would in fact occur, and if it doesn’t occur, whether it would be reasonable and justifiable, considering a number of factors including competing rights and interests in our country. continued on page 2
CPD: Non-surgical management of AK and non-melanoma skin cancers
Consider Aldara as a first choice for Actinic Keratosis (AK) and superficial Basal Cell †1,**2 Carcinoma (sBCC)
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GE A P
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Category D6B topical chemotherapeutic agents 5-FU: 5-fluorouracil; MAL-PDT: methyl aminolevulinate photodynamic therapy. Evidence- and consensus-based (S3) Guidelines for the Treatment of Actinic Keratosis - International League of Dermatological Societies in cooperation with the European Dermatology Forum: imiquimod had a higher agreement (≥ 75 %) than 5-FU versus 5-FU, applicable to SEP of Aldara Pump excl. VAT (≥ 50 %) as suggested treatment for single or multiple AK lesions.1 ** A 5-year follow-up study of 601 patients with sBCC concluded that imiquimod is considered first choice for non-invasive treatment of most primary sBCCs because it was superior to both Photodynamic therapy and 5-FU in terms of efficacy of sBCC2 § †
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References: 1. Werner RM. et al. Evidence- and consensus-based (S3) Guidelines for the Treatment of Actinic Keratosis – International League of Dermatological Societies in cooperation with the European Dermatology Forum – Short version. JEADV 2015;29:2069-2079. 2. Jansen M. et al: Five Year Results of a Randomized Controlled Trial Comparing Effectiveness of Photodynamic Therapy, Topical Imiquimod, and Topical 5-Fluorouracil in Patients with Superficial Basal Cell Carcinoma. J Invest Dermatol 2018;138:527-533. 3. Data on File. 4. Aldara™ approved package insert. August 2007. 5. Krawtchenko N. et al. A randomised study of topical 5% imiquimod vs. topical 5-fluorouracil vs. cryosurgery in immunocompetent patients with actinic keratoses: a comparison of clinical and histological outcomes including 1-year follow-up. Br J Dermatol 2007;157 (Suppl.2):34-40. 6. Gollnick H. et al. Recurrence rate of superficial basal cell carcinoma following successful treatment with imiquimod 5 % cream: interim 2-year results from an ongoing 5-year follow-up study in Europe. Eur J Dermatol 2005;15(5):374-381. Scheduling status: S4 Proprietary name and dosage form: ALDARA Cream. Composition: Each 2,0 g cream pump contains 5 % Imiquimod (100 mg). ALDARA Cream Sachet. Composition: Each 250 mg cream sachet contains 5 % Imiquimod (12,5 mg). Preservatives: Methyl hydroxybenzoate 0.2 % m/m, Propyl hydroxybenzoate 0.02 % m/m, Benzyl alcohol 2 % m/m. Pharmacological classification: A 34 Other. Indications: ALDARA Cream is indicated for the topical treatment of superficial basal cell carcinoma (sBCC), and of external genital/perianal warts (condyloma acuminata) and clinically typical, non hyperkeratotic, nonhypertrophic actinic keratosis (AKs) on the face or scalp in adult patients. Registration number: 32/34/0541. Name and business address of the holder of the certificate of registration: iNova Pharmaceuticals (Pty) Ltd. Co. Reg. No. 1952/001640/07, 15e Riley Road, Bedfordview. Tel. No. 011 087 0000. www.inovapharma.co.za. For full prescribing information, refer to the package insert as approved by the SAHPRA (South African Health Products Regulatory Authority). Further information is available on request from iNova Pharmaceuticals. 15200L. IN4059/21.
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2021/02/23 09:28