Legal tools to regulate the social dynamics of protection of the right to life and the use of vaccines in the midst of the health crisis following the second wave of the pandemic in Peru

Abstract

Since the end of 2019, the world has faced a complex health situation caused by EVD-19, which has had a worrying impact on all sectors of society, causing quarantines all over the world, for which States took as a fundamental and complementary measure, the closure of educational institutions, the prioritisation of medical services, personal protection, and the reorganisation of transport, among others. These targeted quarantines, without any certainty as to the effectiveness of these measures, continued to be in place, with infection rates rising sharply from the second wave of the pandemic onwards. In this situation, the vast majority of Latin American states and organisations around the world have resorted to all available legal tools in order to regulate the social dynamics of protecting the right to life without technical legal criteria due to the inexperience that affected even the inoculation of vaccines in the midst of the health crisis. Objective: To evaluate the legal and social context of the health crisis in Peru, based on the legal tools available to make an approximation to the regulations available preferably during the second wave of the pandemic. Methodology: The research is located within the qualitative paradigm, of phenomenological design, of narrative review based on the analysis of laws related to the regulatory case of the use of anti-COVID-19 vaccines intimes of the second wave that impacted the maximum health crisis in Peru, with synchronic analysis in Latin American countries. The type of research is basic from the naturalistic and critical paradigm in its context. The results show that several legal mechanisms were generated to contain the second wave of COVID-19. It is concluded that access to health is an essential right in Peru, especially relevant during the COVID-19 pandemic; it is debated whether the private sector should handle vaccination, which could accelerate national immunization, although a regulatory framework is required to ensure equity and efficiency in this process.