Duty of care v personal rights


ONE’S rights and responsibilities have come into global focus globally with the unfolding of issues such as vaccination, democracy and abortion. “My body, my rights” has become a constant cry against state violation of personal rights. We have had over two years of Covid 19 and its mutations which have had a severe impact on societies.

The fact remains that we can take all necessary steps to protect ourselves and yet be vulnerable to infection from those who have been vaccinated and otherwise. With more and more people taking the vaccines, there is a general sense of safety in numbers shared among those who have taken the two doses as well as a booster shot.

This has driven a wedge between the vaccinated and the unvaccinated. News reports indicate more unvaccinated people are being infected and admitted to hospital. This causes a reaction from the hospital workers, all of whom have been double dosed. The ICU facilities are taken up by these cases leading to the inability of hospitals to respond to other serious cases and operations.

There is a personal dimension to this. What a tragedy it will be if you are unvaccinated and you spread the infection to your loved ones, who die of the disease. How will you cope with the event?

An eastern view would be to look at such issues from the perspective of duty and responsibility. Such a perspective weighs rights against duties for a balanced response. We have a duty to ourselves and we have also a duty to the other. When we fail in exercising our duty to the other, it gives rise to the tort of negligence under the law.

We live today in an interconnected and inter-dependent world. Our duty to the other must come be considered and we have to act with this in mind. I can empathise with the anti-vaxxers and their positions but out of a sense of duty to the other, I take a different position. 

I have a mother who is 90 years of age and a daughter who is immuno-comprised.  I owe a duty of care to both of them. I accept that my duty overrides my personal rights.

One dreads to think that one is the cause of either of them catching Covid-19.  This will hurt me deeply. Adversity will befall all of us but we are in a better position to face it if we are not the cause of it.

The questions we face are not personal or individual. It is about the collective. Each one of us has to take a personal decision that serves the best interests of the collective and ourselves. A sense of duty could provide a more inclusive perspective and response

It is equally true that we also owe a duty of care to our body. If we will reflect on this then we are in a position to make the right and most helpful decision. For ultimately, life is the highest value that we all share. Many may not agree with me but this is a perspective worthy of some thought.

I am reminded of an expert on the environment who gave an outstanding presentation on the global environmental challenges facing humanity. With facts and figures, a compelling case was made. Thereafter during tea the expert was seen smoking. Is there a deep relationship between our internal and external environment?

This is what is meant by congruency, or “walking the talk”. The other is important and we are in a position to have a more balanced and helpful view when we think about others, ourselves, and the environment.

A duty is more than a transactional relationship. It is not restricted to the terms of your letter of appointment. A sense of duty motivates one to share, take responsibility and to contribute. As John F. Kennedy said: “Ask not what your country can give you but what you can give to your country”.

When the motivation is to keep power then both duties and rights can become blurred. Consider the dielemma of Boris Johnson. Even his close associates can only waffle at the fact that he needs to be held accountable for his actions. The same can be said for Donald  Trump who focuses only on himself. Closer to home we have Najib Razak and the political frogs who jump from party to party. They exercised their rights at the great expense of those who elected them to office.  – January 19, 2022.

* K. Haridas reads The Malaysian Insight.


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