The law and vaccine resistance

Last week, the Centers for Disease Control and Prevention announced that more than 100 measles cases in 10 US states had been reported since the beginning of the year. This news is in line with the World Health Organization's estimate of over 200,000 cases of measles in 2018. These figures reflect the reappearance of a preventable and fatal disease, largely attributed to hesitation to vaccination. Communities and nations must seriously consider taking advantage of the law to protect themselves against the spread of this highly contagious disease.

"… corporations should … not hesitate to use the law to prevent deadly diseases from spreading."

In the United States, measles was deemed "eliminated" in 2000 because of the success of the vaccination. Since then, its reemergence has been associated with resistance to vaccination. It also reflects the fact that unvaccinated United States residents are traveling to countries that have experienced major measles outbreaks (such as Ukraine, the Philippines, and Israel), are infected, and are bringing the disease home.

Epidemics in the United States are even fewer in number than in Europe, for example, because of unique US policies and laws that maintain high immunization coverage. The laws of the 50 states and the federal district of Columbia require the vaccination of children of school-going age and daycare. School mandates have proven to be very effective: the stronger they are, the higher the vaccination rate and the lower the risk of an epidemic. The Childhood Immunization Program is a broad federal initiative that funds vaccines for children whose families would not otherwise afford. The United States can, however, do more. There are "hot spots" where vaccination rates are low and outbreaks occur. Recent measles outbreaks – particularly in the states of Washington and New York – have occurred when an unvaccinated person, after visiting a region where measles is endemic, has returned to a low-income American community. vaccination and infected with other people (mainly unvaccinated children).

What can be done? States have a lot of leeway to protect public health, and courts have consistently affirmed the strength of immunization mandates in schools. Thus, states could restrict non-medical exemptions (for example, by requiring consultation with a physician) or completely remove these exemptions from school mandates. Valid medical exemptions are important, but it is less clear that non-medical exemptions are appropriate. Some researchers worry that the elimination of non-medical exemptions can generate resentment among parents and undermine parenting autonomy. Others, including professional medical associations, do not agree because mandates protect children and the freedom of a parent to send an unvaccinated child to school. school exposes his classmates to a risk of serious illness. There is a strong case for removing non-medical exemptions, and at the very least, they should be difficult to obtain to further encourage parents to vaccinate. However, in many states, getting an exemption is as simple as ticking a box. States and localities may also require schools to report their vaccination rates to parents at the beginning of the school year.

Beyond school mandates, states may consider other legal tools that have not yet been used. States could implement workplace mandates for those working with vulnerable populations, such as health workers, school teachers and child care providers. States may impose tort liability (civil damages for injury) where the unjustified refusal to vaccinate results in an unnecessary infection or, even worse, a large-scale invasion. States could allow adolescents to consent to vaccination without the approval of their parents. And states could require vaccinations to enroll in higher education institutions.

The hesitation to vaccinate is a multi-component problem. By treating them, companies should improve the public's understanding of immunization but also not hesitate to use the law to prevent the spread of deadly diseases.