Antinomy Settlement Of Legal Interest Between Autonomous Rights And Obligations Of Health Services: The Case Of Refusals Of COVID-19 Vaccine in Indonesia
Abstract:
This study aimed to determine the legality of implementing COVID-19 vaccination and the individuals' independent right to reject it. A normative juridical approach, which entails primary legal materials (laws) and secondary legal materials (health and medical law literature) was used and the legal materials were analyzed qualitatively. Furthermore, the set standards on the two legal interests in the implementation of the COVID-19 vaccination were analyzed. The results showed that the vaccination process focuses on the health services obligation rather than on maintaining autonomous rights over the body. This is in line with the academic approach that follows altruistic philosophy, the principle of public interest, the theory of the welfare state law, and the proportionality of legal restrictions on rights in-laws and regulations. Furthermore, legislators should enact laws that govern vaccination. The vaccines should be administered per the village and neighborhood using trained and medical specialists.
Keyword:
COVID-19 Vaccination, Health Services, Autonomous Rights.