1. Introduction
1. On 22 September 2020, the Committee
on Social Affairs, Health and Sustainable Development tabled a motion
for a resolution on “Towards a Covid-19 vaccine: ethical, legal
and practical considerations”. Covid-19, which is an infectious
disease caused by the novel coronavirus SARS-CoV-2, has caused much
suffering. More than 65 million cases have been recorded worldwide
and more than 1.5 million lives have been lost. A safe and efficient
vaccine is needed in order to prevent more casualties and contain
the spread of the virus. Member States must therefore facilitate
the development of effective vaccines, exhort the public to get vaccinated,
and provide for efficient and fair distribution of vaccines once
developed, ensuring that vulnerable groups, and health-care workers
in contact with infected and vulnerable persons, have priority access
to it.
2. Thus, the motion calls on the Parliamentary Assembly to urgently
examine ethical solutions based on full respect for human rights
so as to provide member States with practical recommendations concerning
the deployment and distribution of a Covid-19 vaccine. The motion
was referred to our Committee for report and I was appointed rapporteur
on 21 October 2020. On 1 December 2020, the committee held a public
hearing
with the participation of:
- Ms Melanie Saville, Director
of Vaccine & Research Development, Coalition for Epidemic Preparedness Innovations
(CEPI)
- Mr Marco Cavaleri, Head of Office, Anti-Infectives and
Vaccines, Human Medicines, Evaluation Division of the European Medicines
Agency (EMA)
- Ms Sarah Gilbert, Professor of Vaccinology, University
of Oxford (UK)
- Ms Alena Buyx, Chair of the German Ethics Council
- Ms Emma Wheatley, Deputy General Counsel and Head of Business
Development, Coalition for Epidemic Preparedness Innovations (CEPI)
- Ms Heidi Larson, Professor of Anthropology, Risk and Decision
Science, London School of Hygiene & Tropical Medicine, UK
- Mr Tim Nguyen, Head of Unit – High Impact Events, Global
Infectious Hazard Preparedness Department, World Health Organization
(WHO) Information Network for Epidemics (EPI-WIN)
3. Across the world, the Covid-19 pandemic has turned our lives
upside down. Although non-pharmaceutical interventions such as social
distancing, the use of facemasks, frequent hand washing and lockdowns
have helped slow down the spread of the virus, infection rates are
rising, as many Council of Europe member States are experiencing
a second wave which is worse than the first. This time, people are increasingly
experiencing “pandemic fatigue” and are feeling demotivated about
following recommended behaviours to protect themselves and others
from the virus.
The festive season, with its traditional
indoor gatherings, poses a particular challenge in this context.
Vaccines are our best hope of returning to normal life – but they
will not come in time to bring down infection rates significantly
this winter.
4. The research and development of vaccines against Covid-19
is progressing rapidly, and their fast deployment will be essential
in order to contain the pandemic, protect health-care systems, save
lives and help restore global economies.
Indeed, the Covid-19 pandemic has
devastated the global economy, laying bare pre-existing fault-lines
and inequalities, and causing unemployment, economic decline and
poverty.
This will be addressed in a separate
report by our colleague Mr Andrej Hunko (Germany, UEL) on “Overcoming
the socio-economic crisis sparked by the Covid-19 pandemic”.
5. As laid down in Article 4 of the Convention on Human Rights
and Biomedicine (ETS No. 164, Oviedo Convention), any intervention
in the health field, including research, must be carried out in
accordance with relevant professional obligations and standards.
Several vaccine candidates have been brought into clinical trials
already, including those based on nucleic acids, viral vectors,
inactivated virus or protein subunits.
As of 10 December 2020, one vaccine
had already been authorised and administered in the United Kingdom,
and another
in the Russian Federation,
and 52 candidate vaccines are in
clinical trials, with 13 of them being in the final stages of testing.
6. International co-operation, also beyond the Council of Europe
member States, is needed now more than ever in order to speed up
the development, manufacturing and fair and equitable distribution
of Covid-19 vaccines. The Covid-19 Vaccine Allocation Plan, also
known as COVAX, is the leading initiative for global vaccine allocation.
Co-led by WHO, the Vaccine Alliance (Gavi) and the Coalition for
Epidemic Preparedness Innovations (CEPI), the initiative pulls funding
from subscribing countries to support the research, development and
manufacturing of a wide range of Covid-19 vaccines and negotiate
their pricing.
The initiative aims to have 2 billion
doses available by the end of 2021, which experts believe will be
enough to protect high risk and vulnerable people, as well as frontline
health-care workers. One billion of the doses will go to low- and
middle-income countries at low expense, and another billion doses
will be delivered to high-income countries at full cost.
7. We have already seen that the supply of the Covid-19 vaccines
authorised so far is limited during the initial stages due to insufficient
manufacturing capacity and unprecedented demand. For this reason,
adequate vaccine management and supply chain logistics which require
international co-operation and preparations by member States will
be needed in order to deliver any vaccines against the virus in
a safe and equitable way.
Possible disruption of vaccine supply
chains and possible falsifying of vaccines can have profound consequences
and slow down the efforts of containing the virus. This will be
dealt with in a separate report on “Securing safe medical supply
chains”.
8. The WHO Secretariat has developed guidance for countries on
programme preparedness, implementation and country-level decision-making,
which can be useful guidance. Regarding strategic considerations
in preparing for deployment of Covid-19 vaccines, WHO Europe emphasises
that national systems to track and trace vaccine products and their
lots will be essential to handle multiple vaccine products, manage
vaccine supply for subsequent doses, contribute to vaccine safety
monitoring and manage eventual product recalls.
9. For the vaccines to be effective, their successful deployment
and sufficient uptake will be equally important to contain the pandemic.
However, the speed at which the vaccines are being developed may
pose a challenge to building up trust in the vaccines, and anti-vaxxers
are already taking advantage of this. A chapter of my report will
therefore be dedicated to how we can overcome vaccine hesitancy
to a Covid-19 vaccine. I will explore how member States can reach
out to their populations, especially to marginalised groups, and persuade
the public to get vaccinated. In this regard, I will also explain
why I believe making a vaccine against Covid-19 mandatory risks
being counter-productive.
10. In this fast-moving field, my report will necessarily be out
of date the moment it is printed. I thus intend to focus on explaining
how the Covid-19 vaccines were (and are still being) developed,
authorised, rolled out and monitored, while highlighting the ethical,
legal and practical considerations involved. I will be making practical
recommendations for the Assembly to adopt with a view to helping
States design and implement national vaccination strategies which
are effective and fair, both within States and between States. An
equitable deployment of Covid-19 vaccines is needed also to ensure
the efficacy of the vaccine. If it is not widely enough distributed
in a severely hit area of a country, it becomes ineffective at stemming
the tide of the pandemic. Furthermore, the virus knows no borders
and it is therefore in every country’s interest to co-operate on
ensuring global equity in access to Covid-19 vaccines. We need to
combat both vaccine hesitancy and vaccine “nationalism” if we want
to win the war against this disease.
2. Developing Covid-19 vaccines
2.1. Coronaviruses
11. Coronaviruses are a part of
a large family of viruses that are known to cause illnesses in human
beings, ranging from the common cold to more severe diseases such
as Middle East Respiratory Syndrome (MERS) and Severe Acute Respiratory
Syndrome (SARS).
Covid-19 is an infectious disease
caused by the novel coronavirus SARS-CoV-2, which was first identified
in Wuhan, China in December 2019. On 30 January 2020, WHO declared
the novel coronavirus outbreak a public health emergency of international
concern.
Deeply concerned both by the alarming
levels of spread and severity, and by the alarming levels of inaction,
WHO made the assessment on 11 March 2020 that Covid-19 could be
recognised as a pandemic.
Since its outbreak in December 2019,
there have been more than 65 million confirmed cases of Covid-19,
including more than 1.5 million deaths.
12. Although there are licensed vaccines against coronaviruses
that affect animals, researchers had previously not been successful
in developing an effective vaccine for human use against other coronaviruses. The
relatively high death toll of Covid-19, coupled with stark damage
to health-care systems and the global economy has, however, led
to unprecedented levels of common and focused effort and innovation
in trying to develop a safe and effective vaccine in a shorter time-frame
than the usual minimum of 10 to 15 years. Thus, the research on
and the development of vaccines against Covid-19 has progressed
rapidly.
2.2. How
vaccines work
13. Whereas some of the vaccines
under development are based on traditional methods, others are using new
technology. Because no-one has been able to develop an effective
vaccine against coronaviruses for human use before, it is not clear
what kind of vaccine will be the most effective: those based on
nucleic acids, viral vectors, inactivated virus or protein subunits.
It is therefore a good thing that the vaccines that are under development
are based on different methods.
14. Regardless of the methods being used to develop Covid-19 vaccines,
their aim is to prevent the disease (and ideally, also its transmission
to others
) by triggering an immune response.
Most vaccines that are under development are expected to trigger
the immune responses to a tiny fragment of SARS-CoV-2, which is
the virus that causes the disease. When a person receives a vaccine
against Covid-19, these work by triggering an immune response, and
thus if that person later gets infected with the virus, the immune
system will recognise it. Because it is already prepared to attack
the virus, that person’s immune system will be able to protect them
from the virus and from Covid-19.
2.3. The
regulatory process
15. Before a vaccine can be approved,
it has to undergo rigorous testing by its developer and then scientific evaluation
by regulatory authorities. For member States that are part of the
European Union (EU) and the European Economic Area (EEA), this may
first include the European Medicines Agency (EMA) and other EU or
EEA regulatory authorities before the competent national authorities
decide on introduction of a newly approved vaccine in the national
health care systems and vaccine policies.
Regulatory bodies in charge of assessing
and authorising vaccines against Covid-19 should be independent
and protected from political pressures. This is necessary in order
to guarantee professional standards and to maintain trust in public institutions
and compliance with their decisions.
16. While a vaccine is needed in order to contain the deadly virus,
any development must be done without compromising on safety, quality
or efficacy. The same legal requirements must apply for the development
of Covid-19 vaccines as for other medicines. Studies on pharmaceutical
quality look at the individual vaccine components (its purity),
the final formulation to be used (its ingredients, including its
inactive ingredients or “excipients”) and the whole manufacturing
process in detail.
17. Before a vaccine can be tested in humans, the developers must
conduct preclinical studies in laboratories. These include both in vitro studies (studies conducted
outside of living organisms) and in vivo studies
(animal studies). During this stage developers are able to see how
the vaccine triggers an immune response and how it works to prevent
infection. This is followed by clinical trials in human beings that
are divided into three phases, with larger numbers of volunteers
in each phase. Article 4 of the Oviedo Convention and its additional
protocol concerning biomedical research, lays down that, any intervention
in the health field, including research, must be carried out in
accordance with relevant professional obligations and standards.
It is the responsibility of national competent authorities and ethics
committees to ensure that such clinical trials in human beings are
sound, and conducted in an ethical manner.
18. Human pharmacology studies (phase I trials) aim at finding
out whether the vaccine behaves as expected based on laboratory
tests. In doing so, researchers want to establish whether a vaccine
triggers the expected immune response, whether the vaccine is safe
to move into larger studies and which doses are adequate. The studies
in this phase usually require 20 to 100 healthy volunteers.
The next step are the therapeutic
exploratory studies (phase II trials), which involve several hundred
volunteers and whose purpose is to check what are the most common
short-term side effects of the vaccine, what is the optimal dose
that should be given, as well as how the immune systems of the participants
respond to the vaccine.
Finally, in the clinical efficacy
and safety studies (phase III trials), which include thousands of
volunteers, researchers are looking at how efficacious the vaccine
is at protecting against the infection in different population groups,
and what are the less common side effects of the vaccine. This stage
also helps establish the safety of the vaccine.
19. Once the testing has come to an end, the vaccine developer
submits the results to the medicines regulatory authorities as part
of a marketing authorisation process. The whole process of testing
as described above, as well as scientific evaluation and approval
by regulatory authorities usually takes 10 to 15 years. Because
we are in a pandemic situation, every effort is being put into speeding
up processes and reducing timelines for the evaluation and authorisation
of Covid-19 vaccines.
In the case of member States that
are part of the European Union and the European Economic Area, most
Covid-19 vaccines will be evaluated by the EMA through its centralised
procedure, as this is mandatory for any vaccines using biotechnology.
20. The EMA has set up a Covid-19 Task Force, consisting of experts
from across the European medicines regulatory network to ensure
a fast and co-ordinated response to the pandemic. In order to speed
up the process of developing vaccines against Covid-19, the task
force provides early scientific advice to developers on the best
methods and study designs to generate robust data. This is a way
of ensuring that standards of safety, quality and efficacy are embedded
early in the process and are not compromised by the fast-track development.
Through
its rolling review, the EMA begins assessing data for Covid-19 vaccines
as soon as they become available. In times of public health emergencies,
as the one we are experiencing with Covid-19, the EMA can recommend
a conditional marketing authorisation in the interest of public
health after the evaluation process has completed. This can only
be done if the benefits of immediate availability of vaccines outweigh
the risks of less comprehensive data than what is normally required.
2.4. The
need for proper and independent monitoring mechanisms after authorisation
of a Covid-19 vaccine
21. Experts argue that it is important
for research to continue even when a vaccine against Covid-19 is authorised,
as the world will benefit from having more than one vaccine. This
is both because of the needs of different populations (different
vaccines may have characteristics that are particularly important
for one group versus the other) and so that supply can meet demand.
Furthermore, stopping the initial trial early may reduce the ability
to detect rare side effects, assess how long protection lasts, and
compare the efficacy of a vaccine in different population groups
such as the elderly and young adults.
So far there is very little (to zero)
data from phase III trials on how Covid-19 vaccines affect children,
pregnant women and persons with HIV.
22. Although vaccines have shown to be highly effective and are
needed in order to contain the pandemic and hopefully return to
normal life, no vaccine is 100% effective in preventing the disease
nor is it 100% safe for the persons who are vaccinated.
Proper and independent monitoring
mechanisms are therefore of utmost importance after authorisation.
23. Even though the clinical trials of Covid-19 vaccines include
testing it on several thousand volunteers, additional resources
must be mobilised so as to monitor the safety of the vaccines and
manage risk in the pandemic, due to the exceptional numbers of people
who are expected to receive the vaccines. As the vaccines will later
be administered in billions of people, it will not be sufficient
to rely solely on the clinical trials that have been or are being
conducted. Rare side effects and severe adverse reactions to Covid-19
vaccines could potentially be discovered only after their authorisation.
In
such cases, independent vaccine injury compensation programs must
be in place to ensure compensation for undue damage resulting from vaccination,
in accordance with Article 24 of the Oviedo Convention. However,
it is clear that the availability of such compensation programmes
in member States under no circumstances can be used as an excuse
to lower the safety standards of clinical trials.
2.5. Vaccinating
children
24. The vaccinations that have
been tried on adults cannot be used on children without further
tests, except in rare circumstances where the potential benefit
to children with severe disabilities and/or pre-existing conditions
outweighs the potential risk so much that “off-label” use can be
justified. WHO points out that “Clinical trials in children are
essential to develop age-specific, empirically-verified therapies
and interventions to determine and improve the best medical treatment
available”.
25. It is broadly accepted that the questions of safety, efficacy
and durability of the vaccination need to be answered first, before
starting to vaccinate children. Universal protocols for safe way
trials on children need to be respected. As the risks of SARS-CoV-2
infection to children’s health are low, the potential benefits need
to be carefully weighed against the potential risks of the vaccination.
It is expected that smaller doses of vaccines might be needed. Responses
to vaccination might be different in children compared to those
of adults. Stronger responses are likely, especially in younger
children and babies. Thus, a step-by-step approach is recommended
with progressively younger children to be included in the trials.
26. In the United States, Pfizer has begun recruiting volunteers
12 years and older for its phase II and III trials. Moderna, Johnson
and Johnson, and Novavax are planning to begin trials on children
later in the year. Covid-19 vaccine trials
in China and India are also including children, some as young as
six.
However, at present, no vaccine has
completed a trial on children. Mass vaccination of children is thus
not likely to start before the 2nd half
of 2021.
27. Covid-19 vaccination for children raises a number of additional
ethical questions, such as whether parental (or a legal guardian’s)
consent is sufficient or whether the children should also be required
to provide their consent or assent (also depending on their age);
what is the best way to ensure that any consent or assent is free
and based on age-appropriate information; whether the vaccination
should be mandatory or voluntary for children in order to attend
child-care facilities, kindergartens or schools; how to settle potential disagreements
between parents or between parents and children with respect to
immunisation. It is essential that relevant policy responses are
aligned with the United Nations’ Convention on the Rights of the
Child and give priority to the best interest of the child.
28. Furthermore, as international co-operation intensifies in
the search for effective responses to the pandemic, it is important
to ensure that ethical approaches are applied by all countries.
To follow the example of the recommendations of the expert group
on clinical trials for the implementation of Regulation (EU) No
536/2014, when trials are held in countries which are not member
States of the Council of Europe, ethical standards should be no
less exacting than they would be for research carried out in a Council
of Europe member State. The trial should ensure that it responds
to the public health needs and priorities of the host country.
3. Deployment
of a Covid-19 vaccine
29. Scientists have done a remarkable
job in record time in developing Covid-19 vaccines; it is now for
our governments to act. The supply of the vaccines authorised first
will be limited during the initial stages due to insufficient manufacturing
capacity and unprecedented demand. For this reason, adequate vaccine management
and supply chain logistics which require international co-operation
and preparations by member States will be needed in order to deliver
any vaccines against the virus in a safe and equitable way.
The WHO Secretariat has developed
useful guidance for countries on programme preparedness, implementation
and country-level decision-making.
30. Furthermore, the WHO Strategic Advisory Group of Experts (SAGE)
recently published a “values framework for the allocation and prioritisation
of Covid-19 vaccination”.
The Goal Statement of the Values Framework
is that Covid-19 vaccines must be a global public good. The overarching
goal is for the vaccines to contribute significantly to the equitable
protection and promotion of human well-being among all people of
the world. This should serve as a principal guideline when member
States develop strategies and prepare the allocation of Covid-19
vaccines, both at national and international levels.
3.1. Ensuring
global equity – an international obligation and a moral responsibility
3.1.1. International
efforts and the benefits of ensuring global equitable allocation
of Covid-19 vaccines
31. Vaccines should be a public
good. The pandemic is a global health crisis, and it is therefore
in every country’s interest to co-operate on ensuring global equity
in access to Covid-19 vaccines. The WHO SAGE points at global equity
as one of the main principles of the Values Framework. The objective
is to ensure that vaccine allocation takes into account the special
epidemic risks and needs of all countries; particularly low- and middle-income
countries, and to ensure that all countries commit to meeting the
needs of people living in countries that cannot secure enough vaccine
for their populations on their own.
32. Member States should engage in international efforts that
are put in place to ensure global equitable distribution of Covid-19
vaccines. The Access to Covid-19 Tools Accelerator (ACT Accelerator)
is a framework that works to speed up international collaborative
efforts among existing organisations to end the pandemic. The Covid-19
Vaccines Allocation Plan, also known as COVAX, is its vaccines pillar
and is the leading initiative for global vaccine allocation. It
is co-led by WHO, the Coalition for Epidemic Preparedness Innovations
(CEPI) and Gavi, the Vaccine Alliance. Through its Advanced Market
Commitment (COVAX AMC), the initiative pulls funding from subscribing
countries to support the research, development and manufacturing
of a wide range of Covid-19 vaccines and negotiate their pricing.
33. The COVAX initiative aims to have 2 billion doses of Covid-19
vaccines available by the end of 2021, which experts believe will
be enough to protect high risk and vulnerable people, as well as
frontline health-care workers. But unfortunately, the Covid-19 Tools
Accelerator and COVAX have not met their investment goals, which
may lead to a delay in the fight against the pandemic.
34. A report by the Eurasia Group has found that the global economy
could suffer significant damage if vaccines are not equitably distributed
to lower- and middle-income countries. The report, which analyses 10 major
economies to assess the economic benefits to advanced economies
of contributing to the work of the Access to Covid-19 Tools Accelerator,
has found that the economic benefits of a global equitable vaccine solution
alone for the 10 countries included in the analysis would be at
least US$153 billion in 2020-21, rising to US$466 billion by 2025.
However, the 10 countries that are featured in the analysis have
together contributed only US$2.4 billion to the work of the ACT
Accelerator. In comparison, the amount of economic benefits to these
countries by 2025 is more than 12 times the US$38 billion estimated
total cost of the ACT Accelerator.
35. I would also add that there is more than money on the line:
if we allow the SARS-CoV-2 virus to mutate, by allowing “pockets”
of the virus to remain in circulation in certain parts of the world,
we might blunt the world’s most effective instrument against the
pandemic so far – and have to go back to square one all over again.
3.1.2. Avoiding
“vaccine nationalism” and stockpiling of Covid-19 vaccines
36. Instead of investing more through
the COVAX facility, which will ensure global equitable access, many of
the Council of Europe member States are buying up vaccine stock
by additionally entering into bilateral agreements for billions
of doses and thus cutting down on the pool that would be equitably
distributed globally.
The global nature of the pandemic
makes it crucial that high-income countries refrain from stockpiling
more vaccine doses than what is needed in order to keep the effective
reproduction rate (Rt) of the virus below
1, and that they do not contribute to market conditions that substantially
disadvantage countries with less economic power, as this may undermine
the ability of other countries to access the necessary doses for
their populations.
37. Not only is the worrying increase in vaccine nationalism within
our member States highly immoral, it will ultimately lead us to
having to live with the pandemic and its repercussions for longer
than needed, and thus take a greater toll on human lives and health
within our member States, as well as further damaging our economies.
Governments do have a responsibility in global equity not to interfere
with or prevent other governments in fulfilling their obligations
to their citizens. A failure to halt the pandemic globally could jeopardise
the achievement of the UN Sustainable Development Goals.
38. In this regard, I would like to point out that another important
obstacle to the global equitable distribution of Covid-19 vaccines
lies within the pharmaceutical industry, intellectual property rights
and the World Trade Organization (WTO). This is a worrying issue
that has been addressed by the UN High Commissioner on Human Rights
as well as international organisations and members of civil society.
Intellectual property rights should
not override States’ obligations to protect the right to health,
which entails providing for immunisation against major infectious
diseases like Covid-19 to all without discrimination.
As has been highlighted also by a
former UN Special Rapporteur on the Right to Health, the existing
Trade-related Aspects of Intellectual Property Rights regime may
have an adverse impact on prices and availability of medicines as it
can make it difficult for countries (especially middle- and low-income
countries) to promote access to health care.
39. Although several vaccine developers have committed to an equitable
distribution of their vaccines through receiving funding from COVAX,
these obligations may be lifted once the pandemic is declared over. This
means that while the virus would still be endemic, companies which
have received large sums of government funding for their research
and development of the vaccines, can achieve high profits from their
sale while some populations will not have access. For this reason,
I call on member States to put in place stronger requirements for
vaccine developers who receive public funding and require more transparency
on the price and costs of developing Covid-19 vaccines.
40. In addition to ensuring that pharmaceutical companies do not
unduly enrich themselves at public expense, member States should
also pay special attention to possible insider trading by pharmaceutical executives.
I strongly recommend implementing the recommendations contained
in
Resolution 2071 (2015) on Public health and the interests of the pharmaceutical
industry: how to guarantee the primacy of public health interests?
– in particular that Covid-19 vaccines whose safety and effectiveness
has been established are accessible to all who require them in the
future, by having recourse, where necessary, to mandatory licences in
return for the payment of royalties (as was recommended by the Assembly
for essential medicines in 2015).
3.2. Recommendations
for national prioritisation plans
3.2.1. Principal
guidelines
41. The Values Framework of the
WHO SAGE provides core principles and objectives and offers guidance
inter alia on the prioritisation
of groups for vaccination within countries while supply is limited.
It needs, however,
to be complemented with information about specific characteristics
of available vaccines, the benefit-risk assessment for different
population groups, the amount and pace of vaccine supply, and the
current state of the epidemiology, clinical management and economic
and social impact of the pandemic. For this reason, the final vaccination
strategy needs to be defined when the characteristics of vaccine
products become available.
42. The WHO SAGE has announced that specific priority group recommendations
for specific vaccines will be made available as vaccine products
become authorised for use, and such a prioritisation document is
thus expected to be released early 2021. In my introductory memorandum
I did, however, stress the importance of member States already starting
now to prepare their national immunisation strategies on how to
allocate doses in an ethical and equitable way. As is also stressed
in the Values Framework, any recommendation must be interpreted
at national level.
43. Without specific data on the characteristics of the vaccines,
it will therefore be difficult to make specific practical recommendations
on the prioritisation within member States. There are also differences
within member States that need to be taken into account. What is
important, however, is that ethical principles and respect for human
rights and fundamental freedoms are respected in member States and
in their prioritisation plans, such as the right to the protection
of health (Article 11 of the European Social Charter, ETS No. 163) and
the principle of equitable access to healthcare (Article 3 of the
Oviedo Convention).
3.2.2. Equitable
access to vaccines must be upheld and reflected in national immunisation
programmes
44. The Committee on Bioethics
of the Council of Europe (DH-BIO) is currently working on a statement
on the equity in access to vaccines in the context of a public health
crisis. In my capacity as rapporteur, I was invited to learn more
about their work, which is still to be finalised.
45. The Oviedo Convention requires that in the context of constrained
and high-value resources, such as vaccines, existing disadvantages
are not perpetuated or even exacerbated. A fair and ethical deployment
of Covid-19 vaccines within member States must therefore be equitable.
This convention is the only international legally binding instrument
on the protection of human rights in the biomedical field, and aims
to protect the dignity and identity of all human beings and guarantee
everyone, without discrimination, respect for their integrity and
other rights and fundamental freedoms with regard to the application
of biology and medicine. The principle of equity of access to health
care of appropriate quality is laid down in Article 3 of the Oviedo Convention,
and must be upheld even in the context of scarce resources.
46. As we know, the pandemic disproportionately affects disadvantaged
populations. Some groups are experiencing greater burdens, including
a greater disease burden, due to societal factors that are arguably unjust.
Thus, the principle of equitable access to health care as laid down
in Article 3 of the Oviedo Convention must be reflected in the national
vaccine allocation plans of each member State. It is crucial that
Covid-19 vaccines are available to the population regardless of
gender, race, socio-economic status, legal status, ability to pay,
location and other factors that often contribute to inequities within
population.
3.2.3. Considerations
for specific groups recommendations
47. In its Values Framework, the
WHO SAGE stresses the need for governments to develop immunisation delivery
systems and infrastructure to ensure Covid-19 vaccines to priority
populations and take proactive action to ensure equal access to
everyone who qualifies under a priority group, particularly disadvantaged populations.
48. Bioethicists and economists largely agree that persons over
65 years old and persons under 65 with underlying health conditions
putting them at a higher risk of severe illness and death, health-care
workers (especially those who work closely with persons who are
in high-risk groups), and people who work in essential infrastructure
(as well as in public services, in particular social services, public
transport, law enforcement, schools, and in retails) should be given
priority vaccination access. Children, pregnant women and nursing mothers,
for whom no vaccine has so far been authorised, should not be forgotten.
States should ensure that persons within the same priority groups
are treated equally, with special attention to the most vulnerable people.
49. In some member States, health-care workers are among the top
priority groups of the national prioritisation plan, while in others
they are not. Although some bioethicists argue that immunising health-care workers
may not substantially reduce harm in higher-income countries where
personal protective equipment effectively protects them.
Not prioritising health-care workers
could potentially come into conflict with labour rights for those
who put their lives at risk to treat patients infected with Covid-19.
On the principle of reciprocity, the Values Framework mentions the
protection of those who bear significant additional risks and burdens
of Covid-19 to safeguard the welfare of others. This may include
health-care workers and other essential workers.
50. An equitable deployment of Covid-19 vaccines is needed also
to ensure the efficacy of the vaccine strategy. If it is not widely
enough distributed in a severely hit area of a country, it becomes
ineffective at stemming the tide of the pandemic. It is important
that the national prioritisation programmes follow the rapid changes
in the situation of the virus outbreak closely and that member States
adjust their prioritisation programmes accordingly. Furthermore,
immunising those whose housing situation, occupation or age puts them
at highest risk of becoming infected, might best prevent harm.
51. Within our member States, some areas are affected more severely
than others by the pandemic, which is something to be addressed
in national prioritisation plans. When governments have ensured
vaccination for the people that are most at risk of severe illness
or death from Covid-19, and more vaccines become available, member
States could then consider adjusting their prioritisation and allocation
strategies at the very local level. This could mean prioritising
certain local areas where the virus is out of control, for example
centralised and densely populated areas, but attention must also
be given to other factors such as the burden on health-care systems.
If a potential worsening of the outbreak could have severe impacts
on decentralised areas where there is little health-care provision
(in terms of hospitals with staffed ICU-beds, for example), such
areas may also have to be prioritised for vaccination.
52. Children do not seem to be “super-spreaders” of SARS-CoV-2,
and are not likely develop with severe Covid-19 disease. For this
reason, they are not considered a priority group for vaccination.
At the same time, in the long term, without vaccinating children,
the Covid-19 pandemic cannot be addressed effectively. Vaccination
should allow children to return to normal life, including schooling,
sports, cultural activities, seeing friends and family members.
Vaccination is particularly important for children who live with
elderly or other vulnerable people (ex. immune-compromised or with
respiratory diseases). Furthermore, it can be argued that as older
people’s immunity response is weaker to vaccinations, immunisation
of children would help protect the older generations.
Such immunisation is also essential
for ensuring that all children can go back to school, which is critical
for their well-being and social integration.
4. Persuading
the public to get vaccinated
4.1. High
vaccine uptake essential to contain the pandemic
53. Once Covid-19 vaccines have
been developed and authorised, their sufficient uptake will be important to
contain the pandemic. But even though studies on promoting vaccination
in general can be useful in the context of the current pandemic,
the acceptance and potential uptake of Covid-19 vaccines currently
pose a particular challenge in many member States. Having in place
sufficient health-system capacity and ensuring high vaccine uptake
is going to be essential to success.
54. As has been highlighted by our colleague Mr Vladimir Kruglyi
in his introductory memorandum on “Vaccine hesitancy: a major public
health issue”, Europeans are, unfortunately, the most vaccine sceptical.
In a global survey on potential
acceptance of Covid-19 vaccines, which included 13 400 people from 19 countries,
respondents from Poland reported the highest proportion of negative
responses (27,3 %), whereas Russian respondents gave the lowest
proportion of positive responses (54,9 %). My own country France
is also among the most sceptical with just 59 % stating that if
there were a safe and efficient vaccine against Covid-19, they would
take it.
This is worrying news.
55. Experts say that achieving herd immunity would probably require
rates of vaccine uptake of more than 70 %.
As unprecedented levels of effort
and innovation have already been put into developing efficient vaccines
against Covid-19, the next challenge is to ensure that the uptake
of the vaccines is sufficient. Thus, it must be a top priority for
governments to develop good and timely strategies on persuading
the public to get vaccinated. Hopefully, this is something that
our member States have already started doing.
4.2. Addressing
vaccine hesitancy to Covid-19 vaccines
56. One important issue that must
be addressed is that of tackling vaccine hesitancy specifically
to Covid-19 vaccines, and the enormous amount of dangerous misinformation
and disinformation that is being spread, including by anti-vaxxers
through co-ordinated campaigns. Many of those who are sceptical
of Covid-19 vaccines are not the usual vaccine hesitants. Whereas
vaccine hesitancy generally represents a problem where people are
hesitant towards vaccines that have already proven to be safe and
effective, another group of people that are hesitant towards Covid-19
vaccines have concerns about the safety of the vaccines and the speed
at which they have been developed. Another contributing factor to
Covid-19 vaccine hesitancy can be that countries may set different
safety thresholds before offering the vaccine to its population.
Thus, the strategy of overcoming vaccine hesitancy towards Covid-19
vaccines may need to be somewhat different than that of tackling
the major public health issue of vaccine hesitancy in general.
57. Although not new, an important finding in the global study
conducted on the potential acceptance of Covid-19 vaccines was that
vaccine acceptance among the population is linked to trust in the
government. According to Ms Heidi Larson, director of the Vaccine
Confidence Project at the London School of Hygiene & Tropical
Medicine, who participated as an expert speaker in our hearing on
1 December 2020 on “Towards a Covid-19 vaccine”, this comes down
to the fact that vaccines are globally highly regulated by government, recommended
by government and sometimes required or mandated by government.
58. Governments must act now so as to ensure timely strategies
on sufficient vaccine uptake of Covid-19 vaccines. Lessons learned
from previous infectious disease outbreaks and public health emergencies, including
HIV, H1N1, SARS, MERS and Ebola, could therefore be helpful in understanding
the concerns of some people regarding Covid-19 vaccines
and developing effective strategies
to persuade the public to get vaccinated. The
Nature study
points out that trusted sources of information and guidance are
fundamental to disease control.
4.3. The
need for a human rights-based approach
59. National preparations and strategies
for ensuring high vaccine uptake must be based on full respect for human
rights. The right to health protection is a key human right, and
essential to our understanding of a life in dignity. Article 12
of the International Covenant on Economic, Social and Cultural Rights
recognises that everyone has
the right to enjoy the highest attainable standard of physical and
mental health (12.1). States have a responsibility to take necessary
steps to achieve the full realisation of this right by the prevention, treatment
and control of epidemic, endemic, occupational and other diseases
(12.2c). Thus, our member States have a responsibility to ensure
good public health provision and high immunisation coverage by Covid-19
vaccines.
60. Measures must however not violate the right and liberty of
an individual to bodily autonomy and informed consent, as guaranteed
by articles 2 and 5 of the Oviedo Convention. The Convention protects
the dignity and identity of all human beings and guarantees everyone,
without discrimination, respect for their integrity and other rights
and fundamental freedoms with regard to the application of biology
and medicine. Article 2 sets out that the interest and welfare of
the human being shall prevail over the sole interest of society
or science. Moreover, article 5 states that an intervention in the
health field may only be carried out after the person concerned
has given free and informed consent to it. In the case of vaccine
hesitancy, this implies that vaccines cannot be forced upon an individual.
61. It is thus clear that vaccination cannot be forced upon an
individual under normal circumstances. However, some have raised
the question whether vaccines should be mandatory, for example as
a condition to work with or care for older people and people who
are at high risk of severe illness or death from Covid-19. This
again could be an interference with Articles 8 and 9 of the European
Convention on Human Rights (ETS No. 5) on the right to respect for
private and family life and respect for freedom of thought, conscience
and religion respectively. These are not absolute rights and interference
can in some cases be justified to protect individual or public health
.
Article 26 of the Oviedo Convention provides for possible exception
to the exercise of rights and protective provisions when the aim
is to protect collective interests, and these include the protection
of public health. However, any such restriction must be prescribed
by law and be necessary in a democratic society for the protection
of the collective interest at stake. These conditions are to be
interpreted in the light of the criteria established by the European
Court of Human Rights, in particular those of necessity and proportionality.
62. But I would not recommend making these vaccines mandatory
in any case – for the simple reason that mandatory vaccination has
not been shown to work. In a historical context, such regulations
have been associated with systemic government oppression of marginalised
populations. As confidence in vaccines is highly linked to trust
in government, making Covid-19 vaccines mandatory could potentially
be counter-productive. Instead, member States should develop strategies
to build up trust and confidence in vaccines by transparent communication
and other democratic measures.
4.4. Practical
measures to consider in order to ensure high vaccine uptake
63. The WHO Technical Advisory
Group on Behavioural Insights and Sciences for Health has published
an extensive report on “Behavioural Considerations for Acceptance
and Uptake of Covid-19 Vaccines”.
64. It is important for governments to communicate the way in
which vaccination benefits society as a whole and not just the individual
who gets vaccinated. Vaccination helps protect those who cannot
be vaccinated because of age, health conditions (for example immune
deficiencies or allergies) or other factors. Additionally, vaccines
may not be as effective in some groups due to age or other comorbidities.
Many of those concerned are in high-risk groups of developing severe
illness or dying from Covid-19. Thus, vaccination is an act of solidarity,
as it helps contain further spread of the virus and protect some
of the most vulnerable people in our society.
65. In the WHO report, the Expert Group points out that behavioural
research has shown that vaccine acceptance and uptake can be increased
by adopting three strategies: First of all, member States should create
an enabling environment. This can contribute to making vaccination
easy, quick and affordable in all relevant aspects. Second, member
States should consider harnessing social influences. This can be particularly
helpful if the social influences are trusted by and identified with
members of relevant communities. Third, is to increase the motivation
through open and transparent dialogue and communication about uncertainties
and risks, including around the safety and benefits of vaccination
against Covid-19.
66. As the vaccines will be new, we cannot exclude potential side
effects, especially in the long term. This is a valid concern shared
by many people living in Council of Europe member States. Thus,
transparency, inclusive public health information, and vaccination
campaigns will be important to build up confidence in Covid-19 vaccines.
These should include information on the development of safe and
efficient vaccines against Covid-19, the regulatory process of authorising
vaccines based on standards of safety, quality and efficacy, as well
as the monitoring of their safety.
67. Engagement with non-governmental organisations, trusted persons
within communities and other local efforts in developing and implementing
tailored strategies to support vaccine uptake is of utmost importance. This
can be particularly helpful when trying to reach out to marginalised
communities and groups that historically have been subject to systemic
discrimination and oppression from governments.
68. In order to ensure sufficient follow-up on subsequent doses
for those who are receiving Covid-19 vaccination (all vaccines authorised
so far require two doses at an interval of several weeks) and monitor
their safety, governments would need to know who has been vaccinated.
This could, however, lead to possible negative implications, especially
for some marginalised individuals or groups, such as undocumented
migrants and victims of trafficking in human beings. Fear of negative
consequences could suppress vaccination willingness amongst people
who need it most. For this reason, member States could set up vaccination
centres or consider providing vaccines through non-governmental
organisations to ensure the anonymity of these persons, thus also
ensuring that a lack of legal status or other factors do not stand
in the way of someone being offered, and taking, a Covid-19 vaccine.
69. Co-ordination on national and international level is also
needed to monitor and fight against misinformation and disinformation
around Covid-19 vaccines. Although it is good to see that false
and misleading information is now being flagged by search engines
and sometimes also fact-checked by social media platforms such as
Facebook, Twitter and Instagram, we cannot rely exclusively on the
goodwill of private companies to do this.
70. Lastly, to build up trust among the population, effective,
consistent and transparent communication of the decision-making
process, on outcomes and reasoning will be needed.
As mentioned
before, governments should require that pharmaceutical companies
who receive public funding to develop vaccines against Covid-19
are transparent about the price and cost of the vaccines, as well
as possible adverse events during trials and rollout to the general
population.
5. Conclusions
71. The scientific research into
Covid-19 vaccines is exceptional, and enormous progress has already
been achieved in the development of vaccines against this deadly
virus. In just a few months’ time, unprecedented levels of effort
and innovation have been put into developing vaccines against Covid-19
without compromising on safety, quality or efficacy. Health-care
workers and essential workers are on the front lines of this pandemic, working
every day to save the lives of millions of people, and ensuring
that our economies do not break down. I would like to give a special
thanks to all who are working against the clock to develop a vaccine
and to those who are putting their own lives at risk to save the
world from this pandemic. Now it is up to our governments to act.
72. More than anything, the Covid-19 pandemic has taught us three
valuable lessons: first, that we depend on each other for our health;
second, that our health and our economy are inseparable; and third,
that public health preparedness and global health security must
embrace a One Health approach, as pointed out by our colleague Mr Andrej
Hunko in his June 2020 report on “Lessons for the future from an
effective and rights-based response to the Covid-19 pandemic”.
73. At national level, we must accelerate efforts to boost health-care
systems. It is of utmost importance that we ensure equitable access
to vaccines within our member States for the vaccines to be effective.
Access to Covid-19 vaccines must be made available to the population
regardless of gender, race, legal or socio-economic status, ability
to pay, location and other factors that often contribute to inequities
within the population. Governments must take proactive measures
to reach out to marginalised groups. National prioritisation plans
must follow the development of the pandemic situation closely and
be ready to respond to any local outbreaks or other developments
regarding the spread of the virus rapidly, so as to save as many lives
as possible.
74. At international level, the pandemic has made clear that the
virus knows no borders. In order to effectively respond to the public
health crisis and restore economies within our member States, we
are also dependent on equitable access to Covid-19 vaccines globally.
“Vaccine nationalism” and stockpiling of vaccines will ultimately
lead to us having to live with this pandemic for longer than needed
and may even allow the SARS-CoV-2 virus to mutate and thus blunt
the world’s most effective instrument against the pandemic so far.
If the global allocation of Covid-19 vaccines is not equitable and
fair, it will also put the achievement of the UN Sustainable Development
Goals in jeopardy.
75. Transparent communication is also important to ensure a sufficient
uptake of Covid-19 vaccines and to give a realistic vision of the
time it is going to take for our lives to go back to “normal”. Continuous
efforts are thus needed by society to continue measures to stop
the spread of the virus even after vaccination has begun. A vaccine
alone is not going to solve our problems. Although a vital tool,
we must continue with non-pharmaceutical measures such as physical
distancing, the use of facemasks and frequent hand washing to stop
the spread of the virus, save lives, help restore our economies
and lift the burdens on our health-care systems and everyone that
is putting their own lives at risk during this pandemic.
76. Finally, our governments and our parliaments must ensure that
we combat not just the pandemic and its devastating effects on the
global economy, but also the pre-existing fault-lines and inequalities
(including in access to health care) which the pandemic has laid
bare – but this will be the subject of other reports.