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Vaccine Passports and Your Rights

Concept art of an article about Vaccine Passport Rights: woman getting vaccindated (AI Art)

The Rise of Vaccine Passports: A Controversial Prediction Realized

Our January 2021 article on vaccines and “informed consent” was easily one of the most controversial we have ever published. And just as we predicted, “vaccine passports” (or “immunity passports”) showing proof of vaccination for COVID-19 are now being introduced. They are increasingly required for crossing international borders. Domestically, vaccine passports are also gaining traction, though not without considerable political pushback.

What Are Vaccine Passports?

Vaccine passports are digital or paper documents that certify a person has been vaccinated against COVID-19. These documents are used to grant access to specific locations, such as other countries, workplaces, or events. The goal is to reduce the spread of COVID-19 by ensuring that those present have been vaccinated.

Pre-COVID Entry Requirements

Before COVID-19, most countries didn’t allow visitors to enter if they were visibly ill or carried a contagious disease. A few countries even required proof of vaccination against certain diseases, such as yellow fever. These requirements have been greatly strengthened in the COVID-19 era.

Current Vaccine Passport Requirements

It’s no longer enough to have the “right” passport allowing you to enter the country. You also must show “proof of health” in the form of a negative COVID-19 test and increasingly, proof of receiving an “approved” COVID-19 vaccination.

FFor instance, Canada remains closed to “non-essential” travel from the United States. However, the government announced plans to reopen the border on August 9, 2021. But unless you’ve had a COVID-19 vaccination, you won’t be able to enter the country. (There are exceptions for children under 12 and dependents of fully vaccinated travelers.) On the other hand, while the US land border with Mexico remains closed to non-essential travel, if you fly in, there’s no testing, vaccination, or quarantine required.

For countries like Canada requiring vaccination proof, it’s not enough to get jabbed. You must have received an approved vaccine. For Canada, that means submitting proof you’ve received the Pfizer, Moderna, AstraZeneca, or Johnson & Johnson vaccine on a health declaration form. If you got the vaccine from any other source (e.g., the Russian or Chinese vaccines), you don’t qualify.

The European Union’s Approach

The European Union introduced what it calls a “COVID-19 passport.” It is made available to all EU citizens and residents, as well as travelers from some countries outside the EU, including the United States. And while some EU countries still allow unvaccinated American tourists to enter (e.g., Ireland), you must arrive with a negative COVID-19 test and self-quarantine for five days upon arrival. However, we anticipate that once the EU’s COVID passport system is fully implemented, you won’t be able to enter without proof of vaccination.

Domestic Implications and Employer Mandates

Even if you don’t plan to travel internationally, you might be required to get the COVID-19 vaccine as a condition to work or for your children to attend school or university. Vaccination mandates are becoming common in various settings, from employers to educational institutions, as part of efforts to ensure public health.

  • Here in Arizona, Banner Health, the largest employer in the state, announced that all employees must be vaccinated by November 1, 2021.
  • San Francisco mandated that all city employees receive the vaccine.
  • And in July 2021, a federal judge upheld a COVID-19 vaccination mandate imposed by Indiana University on its students, faculty, and staff. At least 500 other colleges and universities have similar requirements.

Social Activities and Proof of Vaccination

Indeed, even if you just plan to socialize or go out to a club, you might be asked for proof of a COVID-19 vaccination. I was recently invited to a party – but only if I’d been vaccinated. And in New York City, customers must produce vaccine documentation to enter the City Winery restaurant and tasting room.

Political Pushback and State Laws

Naturally, there’s been considerable pushback over these requirements. For instance, City Winery has no plans to require proof of a COVID-19 shot at its Atlanta and Nashville facilities. As CEO Michael Darf explained, “we would have no business, because so many people are basically against it.”

Indeed, at least 13 states have already passed laws limiting the circumstances under which someone needs to disclose their vaccination status. Several states – including Alabama, Florida, Iowa, Montana, North Dakota, and Texas – also prohibit most businesses from requiring their customers to be vaccinated. Similar measures are under consideration in 21 other states.

Balancing Public Health and Individual Rights

From a public health perspective, supporters argue that vaccine passports help to protect vulnerable populations and prevent the spread of COVID-19, particularly in indoor or crowded settings. They see vaccine passports as a necessary tool in managing public health during the pandemic.

On the other hand, critics argue that these requirements infringe on personal freedoms and could set a precedent for further invasions of privacy.

Options for Those Who Choose Not to Get Vaccinated

If you don’t want to get vaccinated – for whatever reason – what are your options?

You could forego international travel or move to a state that doesn’t enforce restrictions against unvaccinated people.

Avoid purchasing fake COVID-19 vaccination certificates, as this is illegal and could result in significant penalties. Instead, consider discussing your concerns with a healthcare provider to see if you might qualify for legitimate medical exemptions.

The Libertarian Perspective: Concerns Over Vaccine Passports

As libertarians, we believe that the requirements for vaccine passports and similar measures represent the proverbial “camel’s nose under the tent.” Our concern is that vaccine passports and similar initiatives may eventually require you to demonstrate not only that you have received the COVID-19 vaccination, but a laundry list of other vaccinations.

As well, we maintain that the case for “informed consent” – the right to refuse a medical procedure or treatment in light of evaluating the facts as you understand them – is unassailable. In the context of forced vaccination, the one exception would be in the face of an epidemic comparable to one caused by smallpox or other diseases of similar severity – one with a far higher fatality rate than COVID-19.

After all, the most basic right we have is that of self-ownership; individual sovereignty over our own bodies and lives. We shouldn’t give up that right lightly.

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