Malaysia

MoH Covid-19 jab indemnity form violates human rights, says lawyer

Ex-Batu Uban rep says issuance of papers at point of administering vaccine far too late, lacks transparency

Updated 5 years ago · Published on 12 Jul 2021 9:00AM

MoH Covid-19 jab indemnity form violates human rights, says lawyer
Indemnity forms have been reportedly given out only when Malaysia ramped up vaccinations, allegedly to protect producers, distributors and the government from possible legal ramifications. – The Vibes file pic, July 12, 2021

by Ian McIntyre

GEORGE TOWN – The Health Ministry’s (MoH) issuance of indemnity forms at the point of administering the Covid-19 jab is a violation of human rights, said Lawyers for Justice movement coordinator S. Raveentharan.

The former PKR deputy secretary-general said the country cannot achieve herd immunity at the expense of having its people’s human rights trampled on.

“We need to have a balance. Our rights must be protected during the vaccination,” he said in an interview.

He added that the question of human rights arises as the due process of alerting the people earlier is not followed.

“Such forms cannot be issued at the point of lining up to be jabbed as it goes against the spirit of transparency.

“It should be issued earlier to allow the recipients time to study the terms and conditions, and legal ramifications.”

According to Raveentharan, the form is issued during consultation with a doctor at Station 3.

It is learnt that indemnity forms were not distributed previously, but as the authorities ramped up vaccinations, the forms were said to be important in protecting the vaccine producer and distributor, and the government from possible legal ramification.

Raveentharan, who was offered the Sinovac vaccine at the Caring Society Complex here yesterday, said he rejected the form and asked for another type of vaccine when he was at Station 3.

“I am not biased or choosy. But I need a vaccine that allows me to travel to Europe and the United Kingdom to see my son.

“I am made to understand that I cannot enter certain countries if I am immunised with Sinovac. This is my reasoning.”

Part of the indemnity form handed out during the National Covid-19 Immunisation Programme. – File pic, July 12, 2021
Part of the indemnity form handed out during the National Covid-19 Immunisation Programme. – File pic, July 12, 2021

But Raveentharan was more disturbed by the indemnity papers, as one cannot simply exclude liability for death or personal injury arising from using a product.

The rights of consumers and patients must be protected at all costs, especially during a pandemic, said the former Batu Uban assemblyman.

He urged health authorities to ensure the entire vaccination process complies with World Health Organisation standards by seeing to it that the international charter is displayed for all recipients to comprehend.

“Perhaps the indemnity forms need to be loaded via the Mysejahtera app so recipients can study the legal clauses before agreeing to it.

“The authorities should not impose on the recipients to sign just before they are administered the jab.

“It is a form of consent, but what if the jab costs you your life, and worse still, you are the main breadwinner of your family.

“Shouldn’t your family be allowed to seek damages on your behalf?”

Last month, Raveentharan said questions have been raised over the immunisation programme, including why younger individuals are receiving the jab ahead of the elderly and people with underlying health issues.

What the authorities need to do is increase accessibility to the vaccine, and deploy all resources in the health sector, from pharmacists to retirees, and civil society, he added.

He also urged the government to reveal how many frontliners have yet to get the jab, including journalists, who are seen to have been sidelined.

He added that the same applies to lawyers, hawkers and food delivery riders. – The Vibes, July 12, 2021

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