The U.S. has reached a worrying point plateau Within its COVID-19 vaccination coverage, only half Of the population is fully vaccinated.This is consistent with pandemic fatigue or poor compliance with COVID-19 risk mitigation measures (such as shelter and alienation) and the highly contagious Delta variant, which leads to More than 83% of infectionsWe are at a turning point in the pandemic, and the coronavirus infection rate has soared by approximately 140% in the past two weeks.
The Biden administration reflects its deep concern over the lag in vaccination Recently authorized Vaccinate all federal workers and contractors (wear masks and regular testing as an alternative), and the Department of Veterans Affairs Task issued Provide services to all frontline health workers in its facilities. President Joe Biden also ordered the army Towards mandatory vaccination.
California, New York City and New York State took the lead in requesting Government workers get vaccinated or undergo weekly testsAnd New York City Just announced Its “Key to the New York Pass”. Starting from September 13th, most indoor activities (including gyms, restaurants, and performances) require vaccination certificates-this is the first such policy in the United States. At the same time, more hospitals And long-term care facilities are performing tasks after issuing a joint statement 100 health care groups Urge mandatory vaccination. When higher education schools returned in the fall, nearly 600 Colleges and universities Vaccination will be required. This is true in the private sector as well as in the rising wave of businesses – including Uber, Facebook, Google, Netflix, and Delta Air Lines –Mandatory requirements for workers to be vaccinated.
Are these authorizations legal and ethical? The short answer is yes. And there is strong behavioral scientific evidence that the instructions will be very effective.
Legality of COVID-19 authorization
business: These two Ministry of Justice and Equal Employment Opportunity Commission (EEOC) has ruled that companies can legally require workers to be vaccinated against COVID-19 as a condition of entering the workplace. However, companies must grant legal medical or religious exemptions.The only major court ruling to uphold the original verdict so far Houston Methodist Hospital COVID-19 vaccine authorization. The private sector has great discretion in setting conditions for workers and customers, and companies have legal and ethical obligations to ensure workplace safety.
Currently, all COVID-19 vaccines are administered under an Emergency Use Authorization (EUA) and are not fully licensed. The DOJ and EEOC specifically pointed out that employer authorization may occur even under the EUA. The United States has acted as if the vaccine has been fully approved, and public health agencies recommend that all eligible Americans be vaccinated.In any case, the Food and Drug Administration recently Announce It is speeding up the full licensing of Pfizer’s vaccine, which may be launched in September, with other vaccines following closely. When the FDA approves the COVID-19 vaccine, more companies may need to be immunized.
Federal and state governments: For a long time, states have the constitutional power to compulsory vaccination. The Supreme Court has maintained this power twice, the first time being 1905 Then in 1922However, the federal government has limited powers to compulsory vaccination. It can only require them to prevent dangerous infectious diseases from spreading across national or international borders. The federal government has never tried to require vaccination nationwide, and the court may not allow it. So far, all state government authorizations are for fully approved vaccines. Therefore, cities and states are likely to wait until full licenses are obtained before compulsory use of the COVID-19 vaccine. However, when governments act as employers, they will be in a legal status similar to that of enterprises. Therefore, even under the EUA, the authorization of the COVID-19 vaccine for federal and state workers is completely legal.
K-12 school: Every state and Washington, D.C. requires regular vaccinations, such as Measles, mumps and rubella, As a condition of school.Although the regulations vary from state to state, they are all based on a long list of childhood vaccinations Recommended by the U.S. Centers for Disease Control and PreventionIn 1922, the Supreme Court upheld the school’s authorization, and all courts recognized the power of states to authorize fully approved vaccines. Schools must provide medical exemptions for those who may be harmed by the vaccine, but they do not have to grant religious or conscientious objections.Not available in six states Personal or religious immunity For school authorization, the court has supported this initiative. Since the K-12 COVID-19 directives will be issued directly by the government, they may need to obtain full clearance from the FDA. In addition, the FDA’s EUA for Pfizer’s COVID vaccine is currently only applicable to people 12 years of age and older, and the other two COVID vaccine EUAs are only applicable to adults.Clinical trials are currently underway for children under 12 years of age conduct However, the full results may not be reported until the end of this year or early 2022.
Higher Education Institution (IHE): In most ways, IHE In a position similar to that of an enterprise. For a long time, IHE has been requiring students to be vaccinated, such as human papillomavirus, meningococcal and influenza.The Federal Court has ruled COVID-19 mission at Indiana University It is a reasonable, science-based measure to ensure the health and safety of students.and U.S. Court of Appeals for the Seventh Circuit It has just been confirmed that Indiana University’s commission is legal. IHE Act Local parents Therefore, it is the responsibility to take care of the safety and security of students on campus. Although most IHE COVID-19 regulations apply to students, many regulations also apply to faculty and staff.
Although more and more governments, businesses and IHE are mandating COVID-19 vaccination, some states are actually seeking Limit vaccine tasks. More than a dozen states have enacted laws prohibiting mandatory COVID-19 vaccination and even banning “vaccination certificates” (so-called vaccine passports). There are more bills pending. Many governors have issued executive orders banning the use of COVID-19 vaccines or vaccine passports. These laws restrict private companies, schools, and IHE from requesting proof of vaccination. COVID-19 has never been politicized like a virus before.From AIDS and tuberculosis to Zika, influenza and Ebola, states have taken action before improve Public health power. During this pandemic, many states are doing the opposite, binding the hands of health officials to act quickly and decisively. This will not only make the fight against COVID-19 more difficult, it will also make the next health crisis more difficult.
The states have extensive powers to supervise businesses, so even if these laws and administrative orders are harmful, they may still be legal. The exception may be states trying to regulate companies operating in interstate or international trade.Regarding Florida’s attempts to ban Cruise industry From asking passengers and crew to show their vaccination status.Recent Federal Court of Appeals Unanimous vote The CDC challenged Florida’s order to manage cruise ships. This is a strange case, because the decision overturned the earlier 2-1 ruling of the appeal panel, which temporarily prevented the lower court from upholding the Florida injunction, and the appeals court has not yet given reasons for this change. The Constitution is very clear, and Congress has the sole authority to manage interstate and international trade.
Is the vaccine authorization valid?
There is a lot of behavioral science data that shows Vaccine authorization is validThis includes “hard” requirements (vaccinations required for school or workplace attendance) and “soft” requirements (choose to be vaccinated or undergo regular testing and indoor sheltering).Hospitals that need to be vaccinated for influenza have achieved and maintained Higher coverage Than those that make it voluntary. At the same time, the regulations of K-12 schools and IHE make the vaccination rate in the United States very high.
Many business and educational tasks fall into the “hard” category—that is, students or workers cannot attend class or work unless they are fully vaccinated. “Soft” requirements “push” people to get vaccinated. When vaccination is the “easier” or “default” option, most people choose to vaccinate. Therefore, when choosing between being vaccinated or having to undergo SARS-CoV-2 testing and wearing a mask once or twice a week, most people end up rolling up their sleeves. How do we know?Well, among the states that have broad and easy exemptions for children’s vaccines, quite a few Parents opt-outBut if it is difficult for a state to obtain an exemption, such as requiring a written statement, a doctor’s certificate or taking a vaccine knowledge course, vaccine hesitation will disappear. The same happens with COVID-19 vaccination.
Is the COVID-19 vaccine mandatory requirement ethical?
People cited physical integrity, personal freedom and freedom as the most common reasons for refusing to be vaccinated. But these arguments are untenable. Indeed, everyone has the right to refuse medical intervention for their own benefit. But the vaccine not only protects the person who received the vaccine, but also protects the person’s family, neighbors, classmates or colleagues. No one has the right to enter a crowded classroom or workplace without wearing a mask and not being vaccinated. Vaccine authorization does not discriminate unethically. Discrimination based on irrational reasons or hostility is wrong, such as discrimination based on race, gender, or disability. But the vaccine directives are just a tool, and they are equally applicable to everyone. They will not blame or try to humiliate people who have not been vaccinated. Their purpose is only to ensure the safety of all people. Finally, requesting a vaccination certificate does not infringe on personal privacy. Individuals are free to refuse to provide information about whether they accept injections, but if they refuse, they must anticipate reasonable consequences to ensure everyone’s health.In addition, the federal Health Information Privacy Rules Mainly applicable to healthcare providers, not to companies or schools. There are public health exceptions to privacy rules.
Asking people to be vaccinated is part of the historical structure since the American Revolution. General George Washington Force the army to contract smallpox, saying that it must protect the soldiers and win the war. Compulsory vaccination is not only legal, but also a moral responsibility. For a long time, Americans have been asking the question: “As a citizen with rights, what rights do I have?” Now is the time to ask, “What are my responsibilities to my neighbors, my community, and my country?” “As the country and the world are experiencing a historic health crisis, it is urgent to be vaccinated against COVID-19 for common interests and mutual solidarity.