On February 1st a national vaccine mandate took effect in Austria. Those over the age of 18 who have not been vaccinated could face fines up to €3,600. Several other countries have introduced similar mandates for the elderly, medical staff and care home workers. Putting aside the question of whether these mandates are effective, there are concerns around their ethical status. Those resisting vaccination say it should be their choice whether to get the jab, not the state’s. Others argue that in liberal societies, the state has a right to limit the freedom of individuals when their behaviour harms others. Whether vaccine mandates are morally justifiable or not, then, turns on whether the unvaccinated harm the rest of the population. Given how Covid vaccines work, it’s hard to make that case, argues Stephen John.
Would you shoot a loaded gun into the air above a crowd? I assume not.
Should other people be allowed to shoot into the air above crowds? Obviously not.
Are you vaccinated against Covid-19? For your own sake, I hope so: Covid-19 can be fatal, and the risks of vaccination are miniscule.
Should other people be allowed to remain unvaccinated? Now we have a controversial question! Recent Austrian legislation making vaccination mandatory has caused huge protests, and debates rage across Europe.
In an influential article Jessica Flanigan has argued that mandatory vaccination should be no more controversial than laws against shooting in crowded public spaces. We restrict the shooter's liberty because she avoidably imposes significant risks of harm on others. In choosing not to get vaccinated, the argument goes, the anti-vaxxer imposes avoidable risks of harm on others. Therefore, if we can restrict the shooter's liberty, so, too, we can restrict the anti-vaxxer's liberty. That's not to say we must introduce vaccine mandates here-and-now. Maybe they will cause so much resentment that they backfire, or maybe we can achieve mass vaccination more simply. Still, Flanigan’s argument implies there is no in-principle objection to mandates.
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