身体自主权如何抵御疫苗接种强制要求?少数人与多数人。

Journal of law and health Pub Date : 2024-01-01
Jason Yadhram
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引用次数: 0

摘要

人类从一开始就是一个群居物种,一直延续至今。正因为如此,哪怕是一个小规模的群体得了重病,整个剩余群体和周边地区都会陷入绝对的混乱。事实上,我们在历史上和最近的 COVID-19 大流行中都看到过这种情况,但我们中的一些人却忘记了,遏制这种混乱的唯一办法就是颁布强制疫苗接种政策。然而,自 COVID-19 以来,强制疫苗接种在美国已成为一个令人不安的话题,主要原因只有一个:一些美国公民不喜欢别人告诉他们该如何对待自己的身体以及该把什么东西放在身体里,他们还认为自己的身体自主权是绝对的。数据显示,由于对政府和制药公司的不信任增加,以及政治信仰和政治派别的影响,这种意识形态最近变得更加普遍。然而,数据还显示,这些人在主张自己的身体自主权以反对疫苗接种任务时,采取了过于激进的方式,而且对有关上述疫苗接种任务和大规模疾病爆发的法理、政策和现代科学数据的理解非常错误。因此,本文旨在提供对以下命题的清晰而广泛的理解:虽然身体自主权在生活的其他方面受到青睐,但在致命疾病爆发和强制疫苗接种方面,这一权利可能会失效,因为目前没有其他切实可行的替代方案。具体而言,本文将介绍和/或提醒美国公众有关疫苗、身体自主权和强制疫苗接种的既定判例法、相关历史和科学信息以及相关立法权。
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How Bodily Autonomy Can Fail Against Vaccination Mandates: The Few vs. the Many.

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. In fact, we have seen these circumstances throughout history and in the recent COVID-19 pandemic yet, some of us have forgotten that the only way this chaos can be curbed, is by enacting a mandatory vaccination policy. Since COVID-19 however, vaccination mandates have become an uneasy topic of conversation in the United States for essentially one main reason, some U.S citizens do not like to be told what to do with their body and what to place inside it, further believing their bodily autonomy to be absolute. Data shows that this ideology recently became more widespread from an increase of mistrust of government and pharmaceutical companies, and from political beliefs and affiliations. Nevertheless, what the data also shows is that these same individuals were asserting their right to bodily autonomy against a vaccination mandate in an unduly aggressive manner, and on a very erroneous understanding of the governing jurisprudence, policies and modern scientific data surrounding said vaccination mandates and large scale disease outbreaks. This article therefore aims to provide a clear and extensive understanding of the proposition that, while bodily autonomy is favored in other aspects of life, this right can fail with respect to deadly disease outbreaks and mandatory vaccinations as there is presently no other practical or feasible alternative. Specifically, this article introduces and/or reminds the U.S. public of well-established governing case law, relevant historical and scientific information and the pertinent legislative authority surrounding vaccines, bodily autonomy, and vaccination mandates.

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