Disclaimer: The views and opinions expressed by this author are their own and do not represent the official position of the Barbados Today Inc.
Prime Minister of St. Vincent and the Grenadines (SVG), Dr Ralph Gonsalves, recently caused an eruption of conversation throughout the Caribbean when he issued an ultimatum on the radio programme VC3, to the teachers of SVG ahead of reopening of schools there.
Either they took a government-approved coronavirus (COVID-19) vaccine; returned a negative result after being tested for the virus and be willing to be tested every two weeks; or they would be required to leave the school premises. This stipulation preceded the explosion of the La Soufrière volcano, but arguably, caused as much fallout in nearby islands.
The major concern here in Barbados is whether or not “it could happen to we too”.
Is it legal? Employees have the right to work in an environment free from discrimination and this is protected by section 23 of the Barbados Constitution, the Supreme Law of Barbados.
However, no law is considered discriminatory during a public emergency once it can be considered justifiable in the circumstances. Section 25 provides for the declaration of a state of emergency by the Governor General where a public emergency arises as a result of among other things, the outbreak of an infectious disease.
This same train of thought is present in the Barbados Employment Act, 2020 which provides that discrimination occurred if what was done was considered unreasonable in the circumstances. An employer shall not discriminate against an employee by disciplinary action, dismissal or anything else detrimental to the employee.
An employer also shall not require a person to answer questions in relation to or undergo a test for a medical condition as a prerequisite of entering a contract of employment or continuance of employment.
A distinction or exclusion not considered to be discrimination where the reason is the existence of a genuine occupational qualification. In this particular instance, a teacher is not only present to impart knowledge on students but also to ensure they are safe and cared for while they are in their care, thus a distinction is drawn.
In addition, mandatory testing and vaccines conflict with the Universal Declaration of Human Rights of the United Nations General Assembly. Human rights must be respected and protected by the law. Article 23 provides the right to work, and an employer threatening to interfere with that right could well be charged with discrimination, which is protected in Article Two of the Declaration.
The government therefore, could not generally, legally force employees to take a vaccine or a test in order to get or keep their jobs as is mandated by section 6 of the Barbados Employment Act.
However, although not currently mentioned in any Emergency Directives, would it be unreasonable to make sure that teachers are vaccinated or regularly checked to ensure they are COVID-19-free and not passing this disease along to the wards placed in their care? The World Health Organisation stated that vaccination protects you from getting seriously ill and dying from COVID- 19. While there are many vaccines currently available, with differing degrees of effectiveness, we here in Barbados are using AstraZeneca, which is the most climate friendly to us and affordable. The first fourteen days after getting a vaccination, you do not have significant levels of protection, and then it increases gradually.
For two-dose vaccines, like AstraZeneca, both doses are needed to achieve to provide the highest level of best immunity possible. This vaccine has an efficacy of 63.09 per cent against symptomatic SARS-CoV-2 (COVID-19) infection. Longer dose intervals within the 8 to 12 weeks range are associated with greater vaccine efficacy.
While a COVID-19 vaccine will protect you from serious illness and death, it remains unknown the extent to which it keeps you from being infected and passing the virus on to others.
What can be done to reduce the spread of COVID-19 in schools?
While COVID-19 vaccines have emerged and are described by Dr. Adrian Lorde “the only bullet we have in Barbados” against this potentially deadly virus, we must also remember the basics.
The Center for Disease Control (CDC) advises that everyone get a COVID-19 vaccine when available, but also to wear a mask to protect yourself and others; stay at least 6 feet (about two arm lengths) from others who don’t live with you and avoid crowds and poorly ventilated spaces.
The more people you are in contact with, the more likely you are to be exposed to COVID-19. Sanitise your hands often; avoid close contact with people who are sick; cover your cough or sneeze with a tissue, then throw the tissue in the trash; clean and disinfect frequently touched objects and surfaces daily; and monitor your health.
Following these protocols should assist in preventing spread of COVID-19 in schools.
According to the CDC and WHO, data shows that fewer children have been sick with COVID-19 in comparison to adults (8.5 per cent of reported cases). Nonetheless, children can be infected, get sick, and spread the virus to others even if asymptomatic. Most children with
COVID-19 have mild or no symptoms at all.
However, some children can get severely ill from COVID-19. A rare but serious medical condition associated with COVID-19 children called Multisystem Inflammatory Syndrome in Children (MIS-C) is currently being investigated.
Children who get this condition may require intensive care in the hospital or a ventilator to help them breathe. In rare cases, they might die, as happened to a nine-year-old girl here in Barbados in February of this year.
Can an employee be forced to leave their work environment if they refuse mandatory medical care? This was an ambiguous statement that was made by Dr Gonsalves. He did not indicate whether teachers would be suspended without pay or fired if they turned up for work without having either proof of a vaccine or test.
In Barbados, unless placed directly into an emergency directive or other legislation, this would be considered unlawful, opening the government to various lawsuits Conclusion Whereas generally it would be considered illegal to attempt to “force” persons to take medical treatment in order to get or keep their jobs, it must be remembered that Barbados is now in a State of Emergency due to the outbreak of an infectious disease. As such, whatever can be done to slow the spread of COVID-19, the government will push, as this would be considered the “reasonable” thing to do.
Taking the vaccine is not mandatory in Barbados and threats are not the way to try to persuade citizens into taking it.
Education about the vaccine may be a better route, as it is my impression that many persons are not against taking the vaccine but seem hesitant to do so.
Employers should not make the situation worse by threatening to cause an employee, who would be utilising the freedom of choice, of also feeling discriminated against or being unemployed.
If when presented with all the facts, speaking to physicians or whatever else needs to be done to calm the citizens’ mind, the majority of the population decide against taking the vaccine, then employers will more than likely be permitted to use the “or else” maxim.
However, it remains to be seen whether persons would give up their right to choose not to take the vaccine. If they choose not be injected, then what? Teachers especially, should know the hazards as by being in the presence of asymptomatic children; any who may appear to simply have a cold; or meeting a colleague, who may have contracted the virus, put them at risk.
Along with all the other methods we have at slowing the spread of the virus, if the vaccine is available, it could be a way to save your life, whilst caring for the young ones in the classroom. To take the vaccine or not? The choice is yours, at least for now.
Anessa Anderson is an attorney-at-law and social commentator.
