Are Vaccine Passports Ethical? Yes, As Long As No One Is Left Behind

Are Vaccine Passports Ethical? Yes, As Long As No One Is Left Behind

A digital health passport required by businesses and universities could help us get back to normal more quickly, one expert argues.

Photo by Lukas on Unsplash

"Vaccine passports" are a system that requires proof of a COVID-19 vaccination as a condition of engaging in activities that pose a risk of transmitted SARS-CoV-2. Digital Health Passes (DHPs) are typically a smartphone application with a code that verifies whether someone has been vaccinated.

Vaccine passports could very much be in our future. Many businesses are implementing or planning to require proof of vaccination as a condition of returning to the workplace. Colleges and universities have announced vaccine requirements for students, staff, and faculty. It may not be long before the private sector requires a vaccination card or image to attend an entertainment or sporting event, to travel, or even to dine or shop indoors, at least in some venues.

But it's unlikely the federal government or the states will launch DHPs, at least not in the near-term. President Biden announced the White House has no intention of requiring proof of vaccination. While no state has mandated DHPs, New York is piloting its Excelsior Pass on a voluntary basis, partnering with IBM. Other nations are not so hesitant. Israel's "Green Pass" has gotten the nation back to normal in record time. And various countries and regions are planning DHPs, including the European Union and the United Kingdom. Foreign airlines are likely to require proof of vaccination as a condition of flying internationally.

DHPs could emerge as a way to get us back to normal more quickly, but are they ethical? Let's start with the law. The US Equal Opportunity Commission (EEOC) has specifically said that employers have the legal right to require proof of vaccination as a condition of returning to work. Colleges and universities already require several vaccines for students living in dorms. Hospitals and nursing homes often mandate influenza vaccinations. And, of course, all states require childhood vaccinations for school attendance. Vaccine passports are lawful but are they ethical? The short answer is "yes" but only if we ensure no one is left behind.

Vaccine passports "don't force anyone to be vaccinated against his or her will. They simply say to individuals that if you choose not to be vaccinated, you can't work or recreate in public spaces that risk transmission of the virus."

Why are vaccine passports ethical? Vaccines are a miracle of modern science, but they have become a political symbol, and a significant part of the population doesn't want to get a jab. The rare cases of blood clots associated with the Johnson & Johnson and AstraZeneca vaccines have only created more distrust.

Most opposition to vaccine passports hinges on the claim that they infringe personal autonomy and liberty. But this argument misses the point. Of course, every competent adult has the right to make decisions that affect his or her own health and safety. But no one has a right to infringe on the rights of others, such as by exposing them to a potentially serious or deadly infectious disease. An individual can't claim the right to attend a crowded event mask-less and unvaccinated. This was once accepted across the political spectrum. Conservative economists called it an "externality," that is a person has no right to harm others. The U.S. has lost the tradition of the common good. We have become so focused on our own individual rights that we forget about our ethical obligations to our neighbors and to our community.

In fact, DHPs actually don't force anyone to be vaccinated against his or her will. They simply say to individuals that if you choose not to be vaccinated, you can't work or recreate in public spaces that risk transmission of the virus.

DHPs also don't infringe on privacy. Again, everyone has the choice whether to show proof of vaccination. It isn't required. Moreover, DHPs may actually protect privacy because all they do is show whether or not you have been vaccinated. They don't disclose any other personal medical information. All of us actually have already had to show proof of vaccination as a condition of going to school. Thus, DHPs are well established in the United States.

But there is one ethical argument against DHPs that I find to be powerful, and that is equity. If we require proof of vaccination while doses are scarce, we will give the already privileged even more privilege. And that would be unconscionable. Thus, DHPs should not be implemented until everyone who wants a vaccine is able to get a vaccine. Equity isn't a side issue. It needs to be front and center.

As of today, all adults in the U.S. are eligible to get vaccinated, and President Biden has pledged that by the end of May there will be enough doses to vaccinate the entire U.S. population. It is a realistic promise. Once vaccines become plentiful, everyone should get their shot. All Food and Drug Administration authorized vaccines are highly safe and effective, even the Johnson & Johnson vaccine that the FDA has just put on pause.

Businesses have an economic incentive to require proof of vaccination. Very few of us would feel comfortable returning to our jobs, shops, theaters, or restaurants unless we feel safe. Businesses understand the duty to create safer places for work, recreation, and commerce.

One question has dominated national conversation since the pandemic began. "When will we get back to normal?" There is a deep human yearning to hug family and friends, see our work colleagues, recreate, and be entertained. One day we will have defeated this wily virus and get back to normal. But vaccine passports can help us get back to the things we love faster and more safely. As long as we don't leave anyone behind, using this miracle of modern science to make our lives better is both lawful and ethical.

Editor's Note: This op/ed is part of a "Big Question" series on the ethics of vaccine passports. Read the flip-side argument here.

Lawrence O. Gostin
Lawrence O. Gostin is University Professor, Georgetown University’s highest academic rank, and Founding O’Neill Chair in Global Health Law. He directs the World Health Organization Center on National and Global Health Law. Gostin is Professor of Medicine at Georgetown University and Professor of Public Health at Johns Hopkins University. You can follow him on Twitter @lawrencegostin.
Get our top stories twice a month
Follow us on
Why we don’t have more COVID-19 vaccines for animals

COVID-19 vaccines for humans number 30, while only three vaccines are available for animals, even though many species have been infected.


Responding to COVID-19 outbreaks at more than 200 mink farms, the Danish government, in November 2020, culled its entire mink population. The Danish armed forces helped farmers slaughter each of their 17 million minks, which are normally farmed for their valuable fur.

The SARS-CoV-2 virus, said officials, spread from human handlers to the small, ferret-like animals, mutated, and then spread back to several hundred humans. Although the mass extermination faced much criticism, Denmark’s prime minister defended the decision last month, stating that the step was “necessary” and that the Danish government had “a responsibility for the health of the entire world.”

Over the past two and half years, COVID-19 infections have been reported in numerous animal species around the world. In addition to the Danish minks, there is other evidence that the virus can mutate as it’s transmitted back and forth between humans and animals, which increases the risk to public health. According to the World Health Organisation (WHO), COVID-19 vaccines for animals may protect the infected species and prevent the transmission of viral mutations. However, the development of such vaccines has been slow. Scientists attribute the deficiency to a lack of data.

Keep Reading Keep Reading
Puja Changoiwala
Puja Changoiwala is an award-winning journalist and author based in Mumbai. She writes about the intersections of gender, crime, technology, social justice and human rights in India. She tweets @cpuja.
Podcast: The Friday Five weekly roundup in health research

Researchers are making progress on a vaccine for Lyme disease, sex differences in cancer, new research on reducing your risk of dementia with leisure activities, and more in this week's Friday Five


The Friday Five covers five stories in health research that you may have missed this week. There are plenty of controversies and troubling ethical issues in science – and we get into many of them in our online magazine – but this news roundup focuses on scientific creativity and progress to give you a therapeutic dose of inspiration headed into the weekend.

Keep Reading Keep Reading
Matt Fuchs

Matt Fuchs is the editor-in-chief of He is also a contributing reporter to the Washington Post and has written for the New York Times, Time Magazine, WIRED and the Washington Post Magazine, among other outlets. Follow him on Twitter @fuchswriter.