Dr Muzaffar Syah Mallow
KUCHING (June 16): More time should be given to Malaysians to be vaccinated under the National Covid-19 Immunisation Programme which started in February this year, said Dr Muzaffar Syah Mallow.
The Universiti Sains Islam Malaysia (USIM) associate professor (Faculty of Syariah & Law) pointed out that while people in the country are waiting for their turn to get vaccinated, no one should be subjected to any form of discrimination whether directly or indirectly and this includes being discriminated based on their Covid-19 vaccination status.
“Through the National Covid-19 Immunisation Programme, the government has targeted 80 per cent of the country’s population or 26.5 million people to receive the Covid-19 vaccine.
“We need to be realistic, it will take considerable period of time for the all objectives set in the programme to be achieved due to the huge number of population we have in the country,” he said in a press statement.
He felt that while waiting for Covid-19 vaccine to be distributed and given to the people in the country, it is not fair for anyone, entity or institution to make their own rules or regulations which can discriminate people based on their Covid-19 vaccination status.
“It is most important also for us to realise that not everyone is able to take such vaccine due to their health status or medical reasons.
“As such, any form of discrimination on the basis of the Covid-19 vaccination status of a person is wrong as it can affect individual basic rights and freedom,” he said in a statement yesterday.
Muzaffar said with the arrival and distribution process of Covid-19 vaccine in the country, individuals might face the risk of being discriminated based on their Covid-19 vaccination status.
“Anyone or even entity or institution might create their own rules and regulations based on Covid-19 vaccination status of individual.
“Examples of discriminatory practice which might happen include prohibiting people who have yet to receive the Covid-19 vaccine from attending any meetings, seminars, courses, workshops, or interview process, entering any facilities and locations like shopping complex, shop, restaurant, bank, hotel, library, worship place, service centres, and workplaces, entering schools and universities, prohibiting students to sit for any test or exam, prohibiting people to use public transport like taxis, buses and LRT, denying certain rights for anyone and many more.
“The list of possible acts of discrimination based on individual Covid-19 vaccination status can be long. As such, the government must monitor the situation in the country and constantly reminds everyone, entity and institution in the country not to do any act of discrimination towards anyone based on their Covid-19 vaccination status,” he added.
He said it is very important to respect individual basic rights and freedom, and any form of discrimination should not be allowed in this country.
“This matter has also been addressed clearly under our Federal Constitution, the highest law in the land. Article 8 Clause 2 of the Federal Constitution stated that “Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, gender or place of birth in any law…”.
“This clearly indicates that there cannot be room for anyone, entity or institution to do discriminatory act towards anyone except as expressly permitted by the Federal Constitution itself,’ Muzaffar added.
He pointed out that although Article 8 Clause 2 of the Federal Constitution did not highlight vaccination status as one of the factors or grounds to be considered for discrimination, it does not mean that anyone is permitted to do any act or create his or her own rules and regulations which can discriminate people based on their vaccination status.
“We should not read our Federal Constitution literally or strictly. There are many other factors or grounds besides what had been stipulated within the Federal Constitution which can give rise to the issue of discrimination itself and this includes the vaccination status of an individual.
“Prohibition of discrimination is also part of human rights and is embodied under the Universal Declaration of Human Rights 1948 (UDHR),” added Muzaffar.
He urged those who feel that they have already been subjected to any form of discrimination based on their vaccination status to immediately lodge a report with the enforcement authorities and engage with legal representative for protection and further action.