Issue link: https://maltatoday.uberflip.com/i/1393937
IN the "olden days" when you could still smoke at your desk at the workplace, I found my- self having to share an of- fice with a chain smoker. I've never smoked in my life, so I immediately objected to him filling the room with thick smoke – why should I have to inhale second-hand smoke all day long when I had never in- dulged in this filthy habit my- self? My colleague gradually started to oblige by going else- where to smoke, but my supe- rior at the time (another heavy smoker) thought I was being unreasonable for demanding that the shared office remain smoke-free. Those were differ- ent times, of course, although when I calculated how long it's been, it was a mere 25 years ago. Today, we are all fully aware of the hazards of passive smok- ing. Yet, in 2004 when the first smoking ban was imposed on indoor public places, there was such an outcry by smok- ers (and the GRTU) that the Government at the time re- lented to allow designated, separate, areas for smokers to be set up which had to be ventilated. One whiff from that smoking room often felt like you had smoked a pack of cigarettes yourself. When the door opened the smoke was so dense you could barely recog- nise the smokers inside…I se- riously worried about the state of their lungs, but hey, to each his own. For non-smokers, however, it was a blessing. No more puffs of smoke in your face during dinner or while having a drink, and the prospect of going home with your clothes and hair reeking of tobacco was a distant memory. Smokers, un- derstandably, felt ostracised as they huddled together out- side for a smoke. I remember occasions at restaurants when half the table would get up to go outside for a cigarette, with everyone grumbling at how unfair the new law was on them. In 2013, smokers were at the receiving end of another blow: it became illegal to smoke any- where in enclosed public spac- es, even in designated smoking rooms. Now the sight of office workers gathering outdoors rain or shine for a quick cig- arette break soon became a familiar sight. To this day, whenever I see them, I cannot help but recall with a wry smile my own small battle to have a smoke-free working environ- ment. Despite the grumbling and indignant objections, in the end, everyone got used to it. You can probably see where I'm going with this. At the moment in most coun- tries, there is an ongoing tug of war between the vaccinated and the unvaccinated. Obvi- ously, Malta is no different, although the percentage of an- ti-vaxxers here is still compar- atively low. However, the most urgent debate at the moment concerns TCNs (third coun- try nationals) who live and work here and whether the health authorities are within their legal powers to demand that a person be vaccinated if they want their work permit renewed. An official commu- nication from the Ministry of health clearly states that, "Applicants who are renew- ing their work permit need to show proof that the vaccina- tion schedule for COVID-19 has been completed in Malta. Applicant is to attach a copy of the COVID-19 Vaccination Certificate with their work permit application form." This issue came to my at- tention because of vociferous claims of discrimination by a segment of foreign nationals who will be directly impact- ed by this, namely the large Serbian community in Malta. Suffice to say there are 27.4k members in the Serbian-Mal- tese info FB group alone. From the brief contact I have had with people of this nationality I have gathered that, general- ly speaking, many are not in favour of the vaccine. This is not surprising since in Serbia in May of this year they were actually offering people €25 each to get vaccinated. In April 2021, the owner of a private company in Serbia not only promised a reward of €250 for vaccinated employees but also denied an Easter salary bonus to employees who refuse to be vaccinated. In fact, Serbia is the only country which had a higher supply than demand for vaccines. It even ended up donating tens of thousands of unused vaccines to neighbour- ing countries in the Western Balkans. A study among a represent- ative sample of Serbian adults in May 2021 concluded that, "…high vaccine hesitancy is motivated by the belief in the vaccine conspiracy theories, through its effect on reduced trust in medical science and institutions, and low objective vaccine knowledge." (Links between conspiracy beliefs, vaccine knowledge, and trust: Anti-vaccine behaviour of Serbian adults). I hasten to add that this is not to single out this particular communi- ty because these are the same reasons which one finds even among most anti-vaxxers of any nationality, including Mal- tese. Do people have the right to refuse the vaccine? Yes, ob- viously they do. But do coun- tries, airlines and private com- panies have the right to impose certain conditions when public health is at stake? With the number of active cases having reached over 1,200 at the time of writing, I think the answer to that must be yes. Malta's move is not unprec- edented either. Granted they are not in the EU, but the Cayman Islands and the Brit- ish Virgin Islands have done something similar when it comes to granting work per- mits to TCNs especially in the service industry. When the decision was challenged, the Human Rights Commission on the Cayman Islands concluded that, "Human rights is a bal- ancing act and, in balancing the rights of individuals, Gov- ernment has a responsibility to balance all rights. Section 16 of the Bill of Rights (non-discrim- ination) allows for discrimina- tion in limited circumstances, where the discrimination "has an objective and reasonable justification and is reasona- bly proportionate to its aim in the interests of defence, pub- lic safety, public order, public morality or public health." For those in the hospitality sector, the issue becomes even more of a dilemma. The Home Affairs Minister of the island of Anguilla (a British overseas territory in the Caribbean) was recently quoted as saying, "… we have been getting much feedback from the hospitality sector regarding the fact that incoming visitors who are fully vaccinated are beginning to in- quire whether the workers who are rendering them service are themselves vaccinated. This is an issue that we now find our- selves grappling with." As with all human rights, one has to always ask where do one's fundamental rights start and where do they end, especially when they start en- croaching on the rights of oth- ers? There are those who are arguing that Malta's decision is in contravention of EU laws, but when everyone was fran- tically shutting their borders last year even to fellow EU nationals, and completely dis- carding the concept freedom of movement, it seems every- one considered it acceptable because of the unprecedented emergency public health situa- tion. How is this year, with the new Delta variant spreading so rapidly, any different? Mean- while, Italy, France and Greece have already made it mandato- ry for health care workers to be vaccinated – so should these workers be claiming they are being discriminated against as well? Similar to the right of some- one to be a smoker, the right to remain unvaccinated is a per- sonal choice. But such choices also carry consequences. When the smoke you are exhaling in my face is putting my health in jeopardy then, yes, I do have a right to protest and ask you to take it outside and the law now upholds this right. With the same reasoning, when the de- cision not to take the vaccine is jeopardising public health (a fact which we now know is undeniable), then yes, an em- ployer and the state do have the right to tell you that your request for a work permit to be renewed, can be denied. After all, the same work per- mit also requires the appli- cant to get clearance from a medical doctor that they do not have tuberculosis, scabies, food and water borne illnesses (gastroenteritis) and vaccine preventable diseases such as chickenpox and measles. All healthcare professionals must show proof of full course of Hepatitis B vaccination and all applicants working in the food industry must show proof of full course of Hepatitis A and Typhoid vaccination. What are these other mandatory re- quirements for, if not to pro- tect public health? In my view, and in the cur- rent volatile situation, ask- ing for proof of vaccination against COVID-19 is not an unreasonable request to make. Where I agree with the Serbi- an community is that it should not just be TCNs who have to be vaccinated, especially for certain jobs. Although it is a hot issue, and the MUT has come out forcefully against it, I believe even teachers and an- yone in contact with children should also be required to take the jab if we are serious about preventing another outbreak in schools and forcing every- one back online. 6 maltatoday | SUNDAY • 18 JULY 2021 OPINION Where do your rights end, and my rights begin? Josanne Cassar