Mandatory vaccination in the Netherlands: legally possible, but socially undesirable?

“The call for mandatory vaccination is such an easy one. If you really want to achieve a higher vaccination rate, much more is involved.” In NRC, Martin Buijsen, Professor of Health Law at Erasmus School of Law, recently spoke out on the declining vaccination rate in the Netherlands and the recurring debate about a vaccination mandate. While in countries such as Latvia and Hungary vaccination has been compulsory for years, resulting in high vaccination rates, the Netherlands has until now always adhered to voluntary participation in the National Immunisation Programme.

According to Buijsen, the key lies not in compulsion but in restoring trust in government and institutions. “By providing honest information – that is, information about vaccination that is as evidence-based as possible. Trust comes with reliable communication. Even the slightest suggestion of coercion or propaganda is undermining in this context.”

This mistrust is not new. As the National Institute for Public Health and the Environment (RIVM) has previously noted, the decline in vaccination coverage already began around 2012, well before the coronavirus pandemic. For this reason, Buijsen considers it crucial that the government invests in education rather than coercion.

Historical and cultural context

A mandatory system, he argues, does not fit well with Dutch tradition. “In the more distant past, the Netherlands did have compulsory smallpox vaccination for schoolchildren. At present, only professional military personnel deployed abroad on missions are subject to a vaccination requirement, based on little-known legislation. Beyond that, the Netherlands has no ‘vaccine mandates’. There is hardly any appetite for them either, politically or socially. Even at the height of the coronavirus crisis, compulsory vaccination was never seriously considered.”

This context, according to Buijsen, explains why the Netherlands has so far always managed to achieve high vaccination rates without compulsion. “The Netherlands has always been able to reach higher vaccination rates through voluntary vaccination than many countries with a mandate. It is difficult – and probably unwise – to deviate from such a course.”

Childcare, religion, and belief

In public debate, the question often arises whether unvaccinated children may be excluded from childcare. According to Buijsen, that possibility already exists, though it is not widely known among parents. “Childcare centres themselves are aware of it, because the Childcare Association has provided its members with more than sufficient information. The Ministry of Social Affairs and Employment also made a legal assessment framework available last year for dealing with unvaccinated children and staff, offering guidance for nurseries considering an exclusion policy. But it is up to each childcare organisation individually to decide on such policies.”

Buijsen explains that the situation is different for schools, since the right to education makes it legally impossible to enforce vaccination as a condition of attendance.

Another sensitive issue concerns the conscientious objections of orthodox Protestants or other religious groups. Buijsen is clear on this: “Those objections must be respected. Most countries with compulsory vaccination also allow citizens to refuse on such grounds.” This respect, he notes, aligns with the Dutch tradition of voluntarism.

Digital vaccination certificates

It is sometimes suggested that digital vaccination certificates could play a role in improving compliance or enforcement. But according to Buijsen, this is a misconception: “There is nothing to enforce or comply with in the Netherlands at present when it comes to vaccination. There is a great deal to inform people about. Participation in the National Immunisation Programme is entirely voluntary.” The experience during the coronavirus crisis, Buijsen adds, also showed that such certificates were accompanied by considerable public controversy and dubious results.

Finally, the professor reflects on whether there is room for a ‘hybrid’ system in which, for example, specific professional groups would be subject to a vaccination requirement. Buijsen sees little scope for this. “To be honest, I do not think such scope exists in the Netherlands. As mentioned, at present there is only a requirement for professional military personnel deployed abroad. Beyond that, special professional groups – such as healthcare workers – are perfectly capable of managing their responsibilities themselves.”

Professor
More information

Click here to read Buijsen’s full contribution in NRC (available in Dutch only).

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