"No Jab, No Entry": A Constitutional and Human Rights Perspective on Vaccine Mandates in Ghana.

Abstract

As part of global efforts to reach herd immunity to stem the spread of COVID-19, the government of Ghana in 2021 declared December as the month of vaccination. Along with the declaration were statements about the government's intention to make vaccination mandatory in January 2022 for select groups of persons and to restrict access of unvaccinated persons to certain public spaces. The directives attracted varied reactions since they touched on constitutionally guaranteed fundamental human rights. Later, in March 2022, the president eased some restrictions, such as mask wearing and social distancing at public events but subject to all users being fully vaccinated. This paper analyzes the constitutional and human rights implications of a vaccine mandate in Ghana. It answers the question, Is mandatory vaccination necessary and appropriate given the COVID-19 situation in Ghana? I make a case for finding a reasonable balance between the personal liberties of Ghanaians and the state's responsibility to protect public health. Using the proportionality test, I argue that while mandatory vaccination is permissible within Ghana's legal and constitutional framework, a tiered approach is preferable.