Risk Management and Healthcare Policy (Nov 2021)
Public Health and Private Life Under COVID-19 Vaccination Policies in China: A Legal Analysis
Abstract
Zhengzong Huang,1,* Zehua Feng2,* 1Law School, Hainan University, Haikou, People’s Republic of China; 2School of Law, Guangdong University of Finance & Economics, Guangzhou, People’s Republic of China*These authors contributed equally to this workCorrespondence: Zehua FengSchool of Law, Guangdong University of Finance & Economics, 21 Luntou Road, Haizhu District, Guangzhou, Guangdong Province, People’s Republic of ChinaEmail [email protected]: Vaccination against SARS-CoV-2 has been the most significant measure in the preventing and controlling the spread of COVID-19. The COVID-19 vaccination rate in China is relatively high worldwide. However, the vaccination policies behind China’s effective containment of COVID-19 are not well known. Some local governments have mandated vaccination for citizens and limited the freedom of movement and other fundamental rights of the unvaccinated. This paper examines the legitimacy of mandatory vaccination policies and their institutional logic within the Chinese legal framework. China prioritizes collective rights such as health over individual rights such as privacy. However, the mandatory vaccination policies lack statutory authorization and will restrict Chinese citizens’ autonomy and compromise their privacy.Keywords: COVID-19, vaccination policy, public health, privacy, China
