Read The Times Australia

Daily Bulletin

Why freedom of religion won't likely trump public health interests with a future COVID-19 vaccine

  • Written by: Renae Barker, Senior Lecturer, University of Western Australia

Religious objections to vaccinations have been around almost as long as vaccinations themselves.

This week, three leading Australian religious figures have written to Prime Minister Scott Morrison outlining ethical concerns they have with the potential COVID-19 vaccine being developed at Oxford University.

The three Sydney archbishops are concerned the vaccine utilises a cell line derived from an aborted foetus. In their letter, they say the use of this cell line

will raise serious issues of conscience for a proportion of the population.

Today, the Australian Federation of Islamic Councils also signalled its “profound concern” over the use of foetal tissue in vaccine development. President Rateb Jneid urged Morrison

to reconsider accessing such vaccines but instead to invest into Australian research into ethical alternatives.

With Morrison saying last week he wants 95% of Australians to take a future COVID-19 vaccine, this will raise significant issues of freedom of religion.

Why some faith groups oppose vaccines

Faith groups object to vaccinations for a range of reasons. For example, Christian Scientists object to all vaccinations, relying instead on prayer to prevent and cure disease. They do so on the basis that

disease, in this construct, is not fundamentally real, but rather something that can be dispelled, to reveal the perfection of God’s creation.

Other faith groups only object to specific vaccines. In some cases, these objections are based on inactive ingredients in the vaccine.

For example, some Jews and Muslims object to vaccines that contain pork products. In 2018, Indonesia’s top Islamic body issued a fatwa declaring that the rubella-measles vaccine was religiously prohibited (haram) because it contained “traces of pork and human cells.”

Other faith groups object to vaccines because of the method by which they are developed. This is the basis for the archbishops’ objection to the potential Oxford COVID-19 vaccine.

In their letter to Morrison, the three archbishops, who represent he Anglican, Roman Catholic and Greek Orthodox communities in Sydney, said

Please be assured that our churches are not opposed to vaccination: as we have said we pray that one may be found. But we also pray that it be one that is not ethically tainted.

A number of existing vaccines use cells originally taken from aborted foetuses. While the use of these cells is considered ethical by most standards, this does not alleviate religious concerns about the practice.

In their letter, the archbishops say some Australians may

be concerned not to benefit in any way from the death of the little girl whose cells were taken and cultivated, not to be trivialising that death, and not to be encouraging the foetal tissue industry.

Why freedom of religion won't likely trump public health interests with a future COVID-19 vaccine Sydney Anglican Archbishop Glenn Davies, one of the three signatories to the letter. David Moir/AAP

How does freedom of religion factor in?

Religious objections like these pose a dilemma for law and policy-makers, particularly now, in the middle of a pandemic.

On the one hand, there are strong public health reasons to create incentives to encourage widespread vaccination. On the other hand, such policies have the potential to inhibit freedom of religion.

Read more: Can the government, or my employer, force me to get a COVID-19 vaccine under the law?

Freedom of religion is a fundamental human right, provided for under the UN International Covenant on Civil and Political Rights.

However, this freedom is not unlimited. Under article 18 of the UN covenant, these rights may be limited in the interests of public health. It reads:

Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

COVID-19 is not the first time the government has had to decide whether or not to limit freedom of religion in favour of public health outcomes.

In 1998, the federal government implemented a policy requiring proof of childhood vaccines in order for families to receive certain welfare benefits. Certain exemptions were permitted for religious and conscientious objectors.

In 2015, the government announced it was revising its “no-jab, no-pay” policy to remove these exemptions. The explanatory memorandum accompanying the bill noted

objection to vaccination can limit the rights of others to physical and mental health.

And in the context of COVID-19, we have already seen significant restrictions on freedom of religion, including the size of religious gatherings and the closure of places of public worship.

Read more: How religions and religious leaders can help to combat the COVID-19 pandemic: Indonesia's experience

Freedom of religion in Australia is narrowly interpreted

In Australia, freedom of religion is primarily protected via section 116 of the Australian Constitution, which says

the Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

While this section appears to provide strong protection for freedom of religion, it has been interpreted narrowly by the High Court.

Why freedom of religion won't likely trump public health interests with a future COVID-19 vaccine Scott Morrison has signalled he wants near-total compliance with a future COVID-19 vaccine. DAN HIMBRECHTS/AAP

In 1943, for instance, the High Court unanimously ruled a ban on the Jehovah’s Witnesses was not prohibited by section 116. The court found that in the context of war time, a ban was acceptable to protect the interests of a free society, even though it had the effect of limiting freedom of religion.

Further, section 116 only applies to federal laws. Any state-based laws creating incentives to encourage widespread uptake of a future COVID-19 vaccine would not allow for objections under the section.

While the potential Oxford University COVID-19 vaccine may “raise serious issues of conscience” for some religious groups, the interests of public health are likely to outweigh any freedom of religion concerns.

Despite this, the government cannot force people to be vaccinated, only compel them to do so. And there are likely to be some people, like Anglican Archbishop Glenn Davies, who would rather wait for a vaccine they find to be less “ethically tainted.”

Read more: Religious groups are embracing technology during the lockdown, but can it replace human connection?

Authors: Renae Barker, Senior Lecturer, University of Western Australia

Read more https://theconversation.com/why-freedom-of-religion-wont-likely-trump-public-health-interests-with-a-future-covid-19-vaccine-145030

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

South African Consular Services Expand to Six Australian Cities

South Africans living in Adelaide, Brisbane and Canberra will now be able to access passport, identi...

How Long Does a Solar Home Battery Last? LFP Cycles and Warranty Explained

A battery does not usually reach its advertised cycle count and suddenly stop working. Capacity ch...

How to Hire a Nanny: A Complete Guide for Families

Finding the right childcare professional can make everyday family life easier and give parents gre...

The Blue-Collar Shortage Employers Can't Solve With More Applicants

Australia's hiring market has cooled considerably since the post-pandemic frenzy of 2021 and 2022. F...

The Playground as Classroom: How Line Markings Are Reinforcing What Students Learn Inside

For a long time, the playground was treated as a break from learning rather than part of it. A place...

How Technology Is Changing the Way Gardens Are Maintained

Garden maintenance has always been a hands on ritual. Mowing on a schedule, watering by instinct, an...

One Blocked Drain Can Become a Whole House Plumbing Problem: How It Happens

A blocked hand basin feels local. So does a slow shower. Homeowners naturally focus on the fixture...

AI in Marketing: From Experiment to Everyday Tool

For the past couple of years, artificial intelligence in marketing has mostly lived in the "let's se...

What Businesses Can Do to Make Sustainability More Practical Day to Day

Sustainability can sound like a huge corporate project, something tied to annual reports, long-term ...