在哈萨克斯坦接种COVID-19疫苗:权利还是义务?

Khon Seul Khon Seul
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摘要

本文涉及在哈萨克斯坦共和国开展COVID-19疫苗接种运动的问题,以及在此方面产生的权利和义务关系。的目标。本文旨在分析哈萨克斯坦共和国国家立法的规定,以及与疫苗接种问题有关的国际人权法规范。作者从疫苗接种的法律义务和拒绝接种疫苗可能产生的法律后果两方面对疫苗接种问题进行了分析。分析是通过若干权利和自由以及限制这些权利和自由的适用标准的棱镜进行的。方法。在研究过程中使用了许多方法。在分析相关法律规范(生命权、隐私权、健康权)的框架内应用正式的法律方法。该研究还使用了演绎法、统计方法(在使用关于COVID-19发病率和传播以及疫苗接种率的数据摘要的框架内)、研究和总结信息的方法。结果。在研究过程中,人们发现,在抗击冠状病毒感染的斗争中,开展一场对哈萨克斯坦人口进行COVID-19免疫接种的普遍运动是及时的一步。由于没有证据表明疫苗可能对人类健康产生负面影响,而且需要采取必要措施确保保护人的生命和健康,从而确保享有权利和自由的能力,因此国家在人口中开展了疫苗接种。此外,如研究报告所示,向哈萨克斯坦人民提供了来自不同制造商的一些疫苗,这有助于其自由选择。结论。根据对法律资料的分析,得出的结论是,获得疫苗的问题应由接种疫苗的人直接解决。从这个角度来看,强迫似乎不符合人权法的准则。哈萨克斯坦的强制性疫苗接种是合法的,因为它是基于相关的法律规范。与此同时,出于这样或那样的原因拒绝接种疫苗的人,应做好个人权利和自由可能受到限制的准备,以保护他人的生命和健康,并减少疾病的传播。
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VACCINATION AGAINST COVID-19 IN KAZAKHSTAN: RIGHT OR OBLIGATION?
This article touches upon the issues of conducting a vaccination campaign against COVID-19 within the Republic of Kazakhstan, as well as the relationship of rights and obligations arising in this regard. Goal. The article aims at analyzing the provisions of the national legislation of the Republic of Kazakhstan, as well as the norms of international human rights law related to vaccination issues. The author analyzes the problem of vaccination from the point of view of its legal obligation and possible legal consequences in case of refusal to receive the vaccine. The analysis is carried out through the prism of a number of rights and freedoms, and applicable criteria for their restriction. Methods. A number of methods were used in the course of the study. The formal legal method is applied within the framework of the analysis of relevant legal norms (the right to life, the right to privacy, the right to health). The study also uses a deductive method, a statistical method (within the framework of using a summary of data on the incidence and spread of COVID-19, as well as vaccination rates), a method of studying and summarizing of the information. Results. Over the course of study, it was found that conducting a general campaign to immunize the population of Kazakhstan from COVID-19 was a timely step in the fight against coronavirus infection. Absence of evidence about the possible negative impact of the vaccines on human health, as well as the need to take the necessary measures to ensure the protection of human life and health and, as a result, the ability to enjoy rights and freedoms, prompted the state to carry out vaccination among the population. In addition, as shown in the study, a number of vaccines from different manufacturers were presented to the population of Kazakhstan, which contributed to its free choice. Conclusions. Based on the analysis of legal information, it was concluded that the issue of obtaining a vaccine should be resolved directly by the person who receives it. Coercion in this light does not seem to correspond to the norms of human rights law. Mandatory vaccination in Kazakhstan was legal since it was based on relevant legal norms. At the same time, a person who refuses to receive a vaccine for one reason or another should be prepared for the possible restrictions of his individual rights and freedoms in order to preserve the life and health of others as well as reduce the spread of the disease.
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