Governments worldwide face the same dilemma: Do existing human rights prevent them from compelling their citizens by legislation to be vaccinated?

There is much uncertainty as to whether the Directions which were issued in June 2021 entitles South African employers to introduce mandatory vaccination at the workplace as the Bill of Rights states at section 12(2)(b) of the Constitution that “Everyone has the right to bodily and psychological integrity, which includes the right (b) to security in and control over their body.” In simple terms this means that people can refuse to be injected with the vaccine.

Does this mean that individual rights outweigh the rights of the employer and fellow employees to a safe and healthy workplace?

Guest on the line: Dr Hilder Grobler -a director of Aequitate Dispute Resolution Services