A CALL FOR PEOPLES’ VACCINE AGAINST COVID-19

Emmanuel P. Fernandez

Law Student, Polytechnic University of the Philippines,

“Our shared human condition and values must be a source of unity, not division. We
must give people hope and a vision of what the future can hold. The human rights
system helps us to meet the challenges, opportunities and needs of the 21st century; to
reconstruct relations between people and leaders; and to achieve the global stability,
solidarity, pluralism and inclusion on which we all depend. It points to the ways in
which we can transform hope into concrete action with real impact on people’s lives. It
must never be a pretext for power or politics; it is above both.” - the Secretary-General,
In his recent Call to Action for Human Rights to put human rights at the heart of UN
actions, including in times of crisis,

As we face this unprecedented crises brought about by the coronavirus pandemic,

it exposed the rotten state of the our health care system. A health care system that is
neither healthy, caring, nor a system. Medical front liners are dying, lack of medical
equipments, lack of facilities that would cater patients suffering from the terrible
disease, corruption in the government which resulted budget cuts on health department
and affecting health reform programs for the people in general, our unpreparedness to
face a pandemic and most importantly our challenge for free access to future vaccine
that would help us resolve our problem in this crises, these are just some of the
challenges that we are facing right now. Challenges that deprive us our basic and
important human right, the right to health.

The World Health Organization’s Constitution, provides that the highest

attainable standard of health is considered as fundamental right of every human
being.i As the race for the the discovery of the vaccine to prevent the spread of corona
virus will come to its conclusion, how sure are we that these vaccines will become
available to everyone especially the less fortunate and the disadvantage population.
According to The World Health organization, it declares that Immunization is a key
component of primary health care and an indisputable human right. Vaccines are
critical to the prevention and control of infectious-disease outbreaks. They underpin
global health security and will be a vital tool in the battle against antimicrobial
resistance.ii In an article published by the Oxford Committee On Famine Relief or
OXFAM, “More than 140 world leaders, former leaders and economists, including the
President of South Africa and Chair of the African Union, Cyril Ramaphosa, the Prime
Minister of Pakistan, Imran Khan, the President of the Republic of Senegal, Macky Sall
and the President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo have
signed an open letter calling on all governments to unite behind peopls vaccine againt
COVID-19”iii. The United Nations Human rights council on the other hand , adopted by
consensus, a resolution emphasising "the central role of the State in responding to
pandemics and other health emergencies". Furthermore, they also stresses the
importance of "equitable and unhindered access" to diagnostics, treatments and
vaccines, insisting that any vaccine developed against COVID-19 should be considered a
"global public good". iv

But what would be our basis to call for a universal access to this vaccine? if we
would look at the rights based approach on human rights with regard for the need to
have an accessible and appropriate conditions for the enjoyment of health for all people,
it requires that health policy and programmes must prioritize the needs of those furthest
behind first towards greater equity, this implies that there must be a clear legal
obligation in the part of the state to provide an effective and accessible health care
system for all with much focus on the need of the disadvantage population. In case of
Violations or lack of attention to human rights can have serious health consequences.
Overt or implicit discrimination in the delivery of health services – both within the
health workforce and between health workers and service users – acts as a powerful
barrier to health services, and contributes to poor quality care.v

Recognizing the urgent need for reformation of the public health system
worldwide, removing barriers so that every human being, whether rich or poor, black or
white, regardless of gender and sexual orientation, must have the access to appropriate
and equal health care benefits, and thru the pursuant to move for a peoples vaccine we
can protect humanity.
i
Ghebreyesus, Tedros Adhanom, “Health is a Fundamental Right” 2017, Retrieve July, 29, 2020 from
https://www.who.int/mediacentre/news/statements/fundamental-human-right/en/

ii
World Health Organization, “Vaccines and Immunization”, Retrieved july 29, 2020, from https://www.who.int/health-topics/vaccines-and-
immunization#tab=tab_1

iii
OXFAM.Org, “World Leaders Unite in Call for Peoples Vaccine against COVID-19” 2020, Retrieved July 29, 2020, from
https://www.oxfam.org/en/press-releases/world-leaders-unite-call-peoples-vaccine-against-covid-19

iv
World Health Organization, “WHO countries agree 'equitable and timely access' to coronavirus vaccine, 'comprehensive evaluation' of
response”2020, Retrieved July 29, 2020, from from https://news.un.org/en/story/2020/05/1064442

v
Ghebreyesus, Tedros Adhanom, “Health is a Fundamental Right” 2017, Retrieve July, 29, 2020 from
https://www.who.int/mediacentre/news/statements/fundamental-human-right/en/