If your workplace is demanding everyone get vaccinated, but a person's preference is to not get the covid vaccine, does that violate her human rights?
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Original Question
My boss insists that she has researched the vaccine thoroughly, she strongly objects to getting one, and our university is saying if you're not vaccinated you will be put on leave. My boss says it's a human rights issue. I looked up the human rights code for my province: The Saskatchewan Human Rights Code, 2018 prohibits discrimination based on certain protected characteristics.
Those are:
Race/perceived race or colour
Place of origin, nationality, or ancestry
Religion or creed
Family or marital status
Sexual orientation
Gender identity
Sex, including sexual harassment or pregnancy
Disability (physical or mental)
Receipt of public assistance
Age (18 or more)
Vaccine mandates requiring proof of vaccination or negative testing are generally permissible under the Code, so long as individuals who are unable to be vaccinated due to a Code-protected characteristic are reasonably accommodated.
Some individuals are not able to receive the COVID-19 vaccine due to a reason protected by the Code, such as disability. Objection to vaccination based on personal preference is not protected by the Code. An individual who chooses not to be vaccinated based on personal preference does not have the right to accommodation under the Code, according to the government website.
My boss is Indigenous, and she has good reason, both historical and present day, to mistrust government mandates. However, she admits that there is no evidence that Indigenous people have been either unfairly targeted (as, for instance, clinical trial subjects) or had vaccines withheld in this province. The only argument she has is preference, and her preference is based on the fact that she thinks with her nursing background she can live her life with sufficient infection control measures that she won't get Covid, and therefore shouldn't have to expose herself to the risks of the vaccine, however small.
I don't know if there's a logical fallacy in this, or if she is just wrong.
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Answers
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If your workplace is demanding everyone get vaccinated, but a person's preference is to not get the covid vaccine, does that violate her human rights?
Whether it's discriminatory or not is a matter of facts, not strict logic. So there's no fallacy, just a claim.
My boss is Indigenous, and she has good reason, both historical and present day, to mistrust government mandates. However, she admits that there is no evidence that Indigenous people have been either unfairly targeted (as, for instance, clinical trial subjects) or had vaccines withheld in this province. The only argument she has is preference, and her preference is based on the fact that she thinks with her nursing background she can live her life with sufficient infection control measures that she won't get Covid, and therefore shouldn't have to expose herself to the risks of the vaccine, however small.
We could question these premises. For instance, what are the "good" historical and present-day reasons are there for mistrusting government mandates? And is it really true that her 'infection control measures' will prevent her from getting COVID/passing it to someone else? What about the supposed 'risks' of the vaccine, and whether they're outweighed by the benefits?
There's no fallacy as there's no developed argument, but there are questionable claims attached to the boss's decision.
Generally a person's rights end at the rights of another, with some rights taking priority over others when there's a conflict. Generally, the safety of the public takes precedence over individual rights and anti discrimination laws aim to ensure certain characteristics aren't used as a determining factor in treating someone differently from someone else in the same context or that accommodations are made if measures need to be adjusted for accessibility.
Unvaccinated people endanger the general public, especially people who are unable to get vaccinated and as such are entirely reliant on other people's compliance with safety measures for their safety and well-being. As long as vaccines are made accessible with everyone to reasonably comply with mandates and accommodations are made where they're needed, requiring vaccination shouldn't be a discrimination issue.
Finding an official legal breakdown on that would be ideal but that should about cover the gist of it.
No.
I see no fallacy; in fact, I see no argument.
What I see is a statement of preference and an indication of a concern over potential negative results from vaccination. It seems to be a situation in which the individual gives certain factors greater or less weight than others do.
It seems (from the information provided) that the individual's focus is more self-centred than community-centred. She seems to think she will be OK without vaccine and that she might be harmed by a vaccine. While protecting one's self is certainly part of the motivation for current anti-COVID measures, a great deal of the motivation for many folks relates to protecting others, too.
However, all of the above boils down to value judgements and not lapses of logic ... just different folks viewing the situation differently. It's sort of like an acquaintance of my who always buys silver cars (because he considers that they show dirt less) and, if silver were not available, would never buy a white car (because he considers them harder to see on roads, making them a safety hazard).
By its very terms, you are asking a legal question and not a question in logic.
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As others have pointed out where the existence of the pandemic is accepted but not that you should submit to the jab for specified reasons, no logical fallacy is involved, however, if you don't accept the existence of the pandemic, nor of the alleged illness, covid, nor of the alleged virus, sars-cov-2, then the whole perspective changes. If this is the case it means no one should get the jab because in the first instance there is no requirement for it. The logic is very simple in this case, of course, very, very simple although I guess to implement a jab program where there is no requirement for one still doesn't constitute a logical fallacy, it's simply illogical behaviour.
If anyone's interested, this is a paper exposing the covid fraud by two New Zealanders.
Dr Mark Bailey MB ChB, PGDipMSM, MHealSc (Otago)
Is a microbiology, medical industry and health researcher who worked in medical practice, including clinical trials, for two decades.
Dr John Bevan-Smith BA (Hons) First Class, PhD (Auckland)
Is a business owner, author and researcher, who has undertaken research for the Waitangi Tribunal Te Rōpū Whakamana i te TiriP o Waitangi/The Ministry of JusPce Te Tāhū o te Ture.
https://drsambailey.com/2021/11/11/the-covid-19-fraud-war-on-humanity/
I recently presented this paper to someone online and her objection to it was that it was just one source - as if that was an argument against it! It is amazing to me how people will keep their concern to source one way or another while assiduously avoiding content where it conflicts with their beliefs - it is content that counts, not source! Of course, these authors are citing the sources my online friend believes and that is the point. In meticulous detail they show how scientific claims have been made based on incorrect scientific methods.