Are mandatory Covid-19 jabs legal?

Julius Nabimanya

What you need to know:

“A community has the right to protect itself against an epidemic...”

By Julius Nabimanya

Mandatory vaccination against the coronavirus has gradually taken shape all over the world. 
The debate on vaccine mandates has been so common in the US where government has made several proposals that Americans get vaccinated as a mandate. 
Although, certain States continue to oppose the administration’s proposals, other States, airline companies and several agencies have backed it. 

In Uganda, mandatory vaccinations are yet to take shape but certain institutions are already spearheading vaccine mandates.
As a matter of fact, some education institutions, especially institutions of higher learning have made it mandatory for all students to vaccinate against the coronavirus as a pre-condition to access school premises and other academic programmes, including attending classes and doing exams as the debate on vaccine mandates continues.

But are vaccine mandates legal? Would government be justified in law to direct mandatory vaccinations for all people above 18 years of age?
Ordinarily, every person enjoys inherent rights and freedoms. However, government, in its duty as a custodian of rights, may limit or control the enjoyment of these rights in particular circumstances. These include situations where public interest is at stake, and in this case, public health. 
Government may limit the enjoyment of individual rights if the said enjoyment is likely to put the safety of the general public in danger. 

Under the Public Health Act, the minister of Health has power to make rules for the control and prevention of the spread of an infectious disease or an epidemic. 
He or she may order mandatory vaccination if they are of the view that certain areas in the country are highly infectious or deems it fit that in the circumstances of the case; people should be forced to vaccinate. 
The law of course provides exceptions to this mandate, for example for young children, or adults who are suffering from other illness that would render vaccination unsafe for their health, or those unable to access vaccination at all, among others.

Similarly, the US Supreme Court once observed in Henning Jacobson vs Commonwealth of Massachusetts, that a compulsory vaccination law is reasonable, not arbitrary, and not oppressive, and, therefore, not hostile to the inherent right of every freeman to care for his own body and health in such way as to him seems best; and that the execution of such a law against one who objects to vaccination, no matter for what reason, is not an assault upon his or her person. 

The Ugandan Supreme Court also held in Charles Onyango Obbo & Anor. vs Attorney General (Constitutional Appeal No. 02 of 2002), that the liberty secured by the Constitution to every person within Uganda does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. 
A community has the right to protect itself against an epidemic of disease which threatens the safety of its members. 

In Viemester vs White, court observed that if vaccination strongly tends to prevent the transmission or spread of a disease, it logically follows that children may be refused admission to the public schools until they have been vaccinated.
It, therefore, follows that vaccine mandates are not only lawful but also government is rightly justified to direct that people of 18 years and above should vaccinate in order to facilitate the fully reopening of the economy. 

Education institutions are also rightly justified if they ban students who fail to vaccinate, from accessing schools and academic activities. Vaccine mandates are increasingly becoming inevitable. The earlier you get inoculated, the better.


Mr Julius Nabimanya is a Lawyer and student of the Ugandan Bar at the Law Development Centre.