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Joshua, Lawyer
Category: Law
Satisfied Customers: 29200
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can the law ever go against freedom of choice? UK, This is

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Can the law ever go against freedom of choice?
JA: Where is this? It matters because laws vary by location.
Customer: UK
JA: What steps have been taken so far?
Customer: This is just a question for possible mandatory vaccination
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just want to know if there was ever a point at which the law was ignored for the choice to not be vaccinated, would I be able to fight it in court?

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Does the person in question (this may be you of course?) have mental capacity in connection with the decision to have a vaccination please?

Customer: replied 9 days ago.
the person in question has full mental capacity.
Customer: replied 9 days ago.
I would prefer to type.

Thanks. Under UK law, which is subject to the Human Rights Act there are limited circumstances when the law permits infringement of free choice. In relation to vaccines, this would primarily be confined to those who lack capacity - e.g. dementia - where the law permits decisions to be made on a best interests basis where there is no attorney.

However in the case that a person has capacity there is no legal basis to force a vaccination. There has been talk of making vaccines mandatory as a condition of employment. As things stand this is likely to be discriminatory and could lead to constructive dismissal claims, but there has been mooted a change of the law to allow certain employers (health care workers have been particularly mentioned) to insist on mandatory vaccination as a condition of employment. Support for this appears to be falling away

It may well be that that certain countries will (or may already have) impose(d) conditions that you must be vaccinated to travel, but this does not force someone to have a vaccine as they can simply decide not to travel to such a country. It could well be though that travel in the future may be limited or at least more bureaucratic without a vaccination particularly as we are no longer part of the EU and so will be subject to immigration laws as any other third country. However this is

Customer: replied 9 days ago.
34;There has been talk of making vaccines mandatory as a condition of employment." - Do you consider this as an infringement of freedom of choice?

This has been an argument - specifically that it would be a breach of the Human Rights Act. The government appear at present at least to be shying away from this now in face of opposition but clearly this is far from a settled area. Policy may be based on how bad or better things get. Of course technically now the UK can repeal the Human Rights Act no longer being part of the EU so in some sense we are far more exposed to the will of the government that we were when part of the EU - people will have different views on whether this is a good or bad thing.

Customer: replied 9 days ago.
are there any laws that are set in stone?
Customer: replied 9 days ago.
The government are meant to work for the people. How would one be able to "strengthen" the Human Rights Act in the UK now that it is vulnerable?
Customer: replied 9 days ago.
Especially that one can't petition for a law that is already in place?

I am afraid these questions are straying outside the legal and into the political which is outside of my area. I believe I have set out the position in law as things stand.

Joshua and other Law Specialists are ready to help you
Customer: replied 9 days ago.
Alright. Thank you so much for your advice and clarifying a few things for me.
Customer: replied 9 days ago.
Have a blessed day!

I'm glad the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.