Rights of the Unvaccinated Child: Vaccinating Over the Parents’ Will

Shot of Prevention

This is the fourth post in a five-part series which addresses the legal rights of the unvaccinated child. 

This post is written by guest blogger Dorit Rubinstein Reisswho is a Professor of Law at the University of California Hastings College of  the Law in San Francisco, CA.   She examines the social policies of vaccination in various articles, blogs and law journals and in this series she elaborates on the legal mechanisms that are available to protect children against the risk of non-vaccination.  A detailed explanation of each post in the series appears at the conclusion of this article.

Image Courtesy of Refutations of Anti-Vaccine Memes Image Courtesy of Refutations of Anti-Vaccine Memes

The previous two posts in this series examined legal tools that can be used once a child has been harmed or killed by a vaccine-preventable disease and ways for the legal system to react once the harm is done. In contrast, this post focuses on when and whether the legal system can step in and order vaccination to prevent a child…

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Rights of the Unvaccinated Child: Criminal Law

Shot of Prevention

This is the third post in a five-part series which addresses the legal rights of the unvaccinated child. 

This post is written by guest blogger Dorit Rubinstein Reiss who is a Professor of Law at the University of California Hastings College of  the Law in San Francisco, CA.  She examines the social policies of vaccination in various articles, blogs and law journals and in this series she elaborates on the legal mechanisms that are available to protect children against the risk of non-vaccination.  A detailed explanation of each post in the series appears at the conclusion of this article.

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This post will explore criminal sanctions in cases where a purposely unvaccinated child was seriously injured or killed by a vaccine-preventable disease and will focus on whether criminal law can be used in the context of the unvaccinated child’s right to health.

 What Does the Law Say?

Criminal Prosecution for Violating Compulsory Education Statutes

One way criminal law has been put to the test is when…

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The Rights of the Unvaccinated Child: Tort Liability

Shot of Prevention

This is the second post in a five-part series which addresses the legal rights of the unvaccinated child. 

This post is written by guest blogger Dorit Rubinstein Reiss who is a Professor of Law at the University of California Hastings College of  the Law in San Francisco, CA.  She  examines the social policies of vaccination in various articles, blogs and law journals and in this series, she elaborates on the legal mechanisms that are available to protect children against the risk of non-vaccination.  A detailed explanation of each post in the series appears at the conclusion of this article.

DoritBlogPost2ChildTorts

Can an Injured Child Sue a Parent Based on Their Choice Not to Vaccinate?

This post examines whether a child can sue her parents if the parents choose not to vaccinate the child and the child then suffers serious harm or death as a result of a vaccine preventable disease. In those cases, an argument can be made that it is appropriate that the parent, who…

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