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How Bodily Autonomy Can Fail Against Vaccination Mandates; The Few vs. the Many

Journal of law and health, 2024-07, Vol.37 (2), p.127-161

Copyright Cleveland - Marshall College of Law, Cleveland State University 2024 ;EISSN: 1044-6419

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  • Title:
    How Bodily Autonomy Can Fail Against Vaccination Mandates; The Few vs. the Many
  • Author: Yadhram, Jason
  • Subjects: Bodily integrity ; COVID-19 vaccines ; Disease ; Disease control ; Epidemics ; History ; Immune system ; Jurisprudence ; Outbreaks ; Pandemics ; Pharmaceutical industry ; Politics ; Socioeconomics ; Vaccination ; Vaccines
  • Is Part Of: Journal of law and health, 2024-07, Vol.37 (2), p.127-161
  • Description: Humans have been a communal species since inception and continue to be so to this day. Because of this, if even a small scale of a measured population becomes severely ill, the entire remaining population and surrounding area is thrown into absolute chaos. [...]we have seen these circumstances throughout history and in the recent CO VID-19 pandemic yet, some of us have forgotten that the only way this chaos can be curbed, is by enacting a mandatory vaccination policy. In support of the above paragraph, Part II of this article accordingly begins by briefly discussing the history and biological nature of vaccines, the different types of vaccines, the effectiveness of vaccines in tackling widescale and accelerated disease outbreaks, and the safety of vaccines, all derived from various sources of the medical community. [...]Part II also addresses the history and nature of disease outbreaks and compares and contrasts past outbreaks with the recent CO VID-19 pandemic.10 For the purposes of this article in only focusing on United States jurisprudence, it should be noted that while a disease outbreak often results in different scales such as "epidemics" and "pandemics," the term "disease outbreaks" used herein means "epidemics" and may be used interchangeably hereafter.11 Part III of this article then dives into the relevant information, history, and legal history that have supported vaccination mandates as well as the doctrine of bodily autonomy in the context of healthcare, where Part IV then finally proposes additional legal and policy reasons that can support the proposition that one's bodily autonomy can fail against the enactment of a mandatory vaccination policy, provided an exemption does not exist. [...]it is often unclear if these individuals lack the access to credible information to be properly informed or, maybe there are other socioeconomic factors at play, wherefore, in an effort to ascertain the right answer, some scholars have conducted surveys which have unfortunately demonstrated that a possible reason could be a lack of sufficient education in general, whereby in 2021 again, vaccine hesitancy was considerably lower among people with a bachelor's degree or higher, compared to people with just a high school diploma or GED.18 However, just understanding the true and basic scientific makeup of vaccinations is crucial to understanding its importance, and it merely requires only basic reading and comprehension skills and no fancy degrees.
  • Publisher: Cleveland: Cleveland - Marshall College of Law, Cleveland State University
  • Language: English
  • Identifier: EISSN: 1044-6419
  • Source: ProQuest Central
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