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  3. Should parents who refuse childhood vaccines be liable if their choice harms someone else’s kid?

Should parents who refuse childhood vaccines be liable if their choice harms someone else’s kid?

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  • BurgerBaronB BurgerBaron

    And if vaccinations are against their religion? I’m not siding with them btw just curious how other people want to handle cult members in regards to holding them liable.

    acargitzT This user is from outside of this forum
    acargitzT This user is from outside of this forum
    acargitz
    wrote last edited by
    #40

    Fun fact: ancient religious texts don’t have shit to say about modern medical practices.

    1 Reply Last reply
    4
    • L leftzero@lemmy.dbzer0.com

      Parents who don’t vaccinate their children without a good medical reason should be treated as any other parent who intentionally abuses, harms, mistreats, or abandons their children, simple as that.

      If they harm other people on top of that, then that should probably count as attempted murder plus aggravated assault and battery, or some equivalent.

      It’s a shame that rampant wilful idiocy with intent to cause harm and mayhem isn’t a criminal offence, though, because they should also be charged with that.

      A This user is from outside of this forum
      A This user is from outside of this forum
      That Weird Vegan
      wrote last edited by
      #41

      You know, we eliminated smallpox in the wild, and mostly eliminated polio, by giving vaccines. Fuck these moronic idiotic parents not vaxxing their kiddos. It ABSOLUTELY should count as child abuse to not vax your kid.

      1 Reply Last reply
      9
      • Y yezzey@lemmy.ca

        Canada just lost its measles-free status. So here’s the question…

        If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

        I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

        Is that unreasonable?

        F This user is from outside of this forum
        F This user is from outside of this forum
        falschgeldfurkan@lemmy.world
        wrote last edited by
        #42

        If the other kid is vaccinated, shouldn’t they stay healthy instead?

        B 1 Reply Last reply
        2
        • BurgerBaronB BurgerBaron

          How are you going to deal with pesky things like religious freedoms and the Mennonites/similar cults?

          N This user is from outside of this forum
          N This user is from outside of this forum
          nyan@lemmy.cafe
          wrote last edited by
          #43

          You keep them out of public schools to reduce the chance of them exposing other people as much as possible. Their co-religionists aren’t likely to press charges, and many of these extreme religious groups don’t want their kids in mainstream schools anyway.

          In other words, you can use government-funded schools or you can refuse vaccination (and pay for your kids to attend a private school that allows unvaccinated students, or homeschool them and do the work yourself). You can’t have both. That’s how school vaccine mandates are supposed to work in the first place. We’ve just gotten way too lax about upholding and enforcing them.

          1 Reply Last reply
          0
          • trickdacy@lemmy.worldT trickdacy@lemmy.world

            The most disturbing thing about reality is that we have morons opting their children and neighbors into preventable diseases because of absurd lies they read on Facebook.

            B This user is from outside of this forum
            B This user is from outside of this forum
            bastion@feddit.nl
            wrote last edited by
            #44

            Nah. It’s not concerning that otherwise intelligent people can’t figure out how to deal with their own lives without resorting to controlling others.

            trickdacy@lemmy.worldT H 2 Replies Last reply
            0
            • B bastion@feddit.nl

              Nah. It’s not concerning that otherwise intelligent people can’t figure out how to deal with their own lives without resorting to controlling others.

              trickdacy@lemmy.worldT This user is from outside of this forum
              trickdacy@lemmy.worldT This user is from outside of this forum
              trickdacy@lemmy.world
              wrote last edited by
              #45

              Are you an anti-vaxxer?

              B 1 Reply Last reply
              1
              • Y yezzey@lemmy.ca

                Canada just lost its measles-free status. So here’s the question…

                If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

                I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

                Is that unreasonable?

                M This user is from outside of this forum
                M This user is from outside of this forum
                mojomcjojo@lemmy.world
                wrote last edited by
                #46

                Felony murder, in my opinion.

                R 1 Reply Last reply
                2
                • Y yezzey@lemmy.ca

                  Canada just lost its measles-free status. So here’s the question…

                  If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

                  I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

                  Is that unreasonable?

                  H This user is from outside of this forum
                  H This user is from outside of this forum
                  HubertManne
                  wrote last edited by
                  #47

                  Its impossible to prove you caught an airborne disease from a specific individual.

                  1 Reply Last reply
                  11
                  • F falschgeldfurkan@lemmy.world

                    If the other kid is vaccinated, shouldn’t they stay healthy instead?

                    B This user is from outside of this forum
                    B This user is from outside of this forum
                    bassgirl09@lemmy.world
                    wrote last edited by
                    #48

                    There are a few considerations to make regarding the thought process of “if the other kid is vaccinated, then they should stay healthy,” even when exposed to illnesses that they are vaccinated for.

                    (1) Vaccines are not 100% effective. In the case of the Measles vaccine it is estimated to be 93-97% effective – this is a very effective vaccine. So, if someone is vaccinated, then yes, they likely will stay healthy even if they are exposed to a case of the Measles.

                    (2) Not everyone can be vaccinated for medical reasons whether it is due to allergies to something in the vaccine or another medical issue. So, these people are forced to rely on what is called herd immunity (everyone who can be vaccinated around them is vaccinated, so the virus or bacteria will not be around to infect the unvaccinated person). Unfortunately, for herd immunity to work specifically for the Measles scientists believe that 95% of the population needs to be immune to stop its spread. This is because the Measles is extremely spreads extremely easily – about 90% of people who are not immune to Measles will become ill when they are exposed to the Measles.

                    (3) The last point that I will make is that if a pathogen (virus or bacteria) is allowed to circulate in the population due to low vaccine uptake, then there is a stronger likelihood that the pathogen will mutate (change) to get around the protection of the vaccine. Then nobody is protected and scientists get the fun of trying to create a new vaccine for the mutated version.

                    Take what I say here with a grain of salt since I am not an immunologist, physician, or scientist. I just like to know the pros and cons of vaccines as well as how best to protect myself, my family, and my friends from preventable illnesses. I learned a lot of this information by talking to my doctor, reading from medical journals (Lancet, New England Journal of Medicine, Nature Immunology, etc.), and also checking major medical center internet sites for information such as Cleveland Clinic, Johns Hopkins, Mayo Clinic, MassGeneral, etc. There is a lot of excellent information to be had from our scientific community to help make an informed choice - much of what I located was open and free to the public to read.

                    F 1 Reply Last reply
                    11
                    • B bassgirl09@lemmy.world

                      There are a few considerations to make regarding the thought process of “if the other kid is vaccinated, then they should stay healthy,” even when exposed to illnesses that they are vaccinated for.

                      (1) Vaccines are not 100% effective. In the case of the Measles vaccine it is estimated to be 93-97% effective – this is a very effective vaccine. So, if someone is vaccinated, then yes, they likely will stay healthy even if they are exposed to a case of the Measles.

                      (2) Not everyone can be vaccinated for medical reasons whether it is due to allergies to something in the vaccine or another medical issue. So, these people are forced to rely on what is called herd immunity (everyone who can be vaccinated around them is vaccinated, so the virus or bacteria will not be around to infect the unvaccinated person). Unfortunately, for herd immunity to work specifically for the Measles scientists believe that 95% of the population needs to be immune to stop its spread. This is because the Measles is extremely spreads extremely easily – about 90% of people who are not immune to Measles will become ill when they are exposed to the Measles.

                      (3) The last point that I will make is that if a pathogen (virus or bacteria) is allowed to circulate in the population due to low vaccine uptake, then there is a stronger likelihood that the pathogen will mutate (change) to get around the protection of the vaccine. Then nobody is protected and scientists get the fun of trying to create a new vaccine for the mutated version.

                      Take what I say here with a grain of salt since I am not an immunologist, physician, or scientist. I just like to know the pros and cons of vaccines as well as how best to protect myself, my family, and my friends from preventable illnesses. I learned a lot of this information by talking to my doctor, reading from medical journals (Lancet, New England Journal of Medicine, Nature Immunology, etc.), and also checking major medical center internet sites for information such as Cleveland Clinic, Johns Hopkins, Mayo Clinic, MassGeneral, etc. There is a lot of excellent information to be had from our scientific community to help make an informed choice - much of what I located was open and free to the public to read.

                      F This user is from outside of this forum
                      F This user is from outside of this forum
                      falschgeldfurkan@lemmy.world
                      wrote last edited by
                      #49

                      Thanks, appreciate the write-up! I’m just wondering that myself, my question wasn’t meant as an anti-vax post.

                      V B 2 Replies Last reply
                      6
                      • Y yezzey@lemmy.ca

                        Canada just lost its measles-free status. So here’s the question…

                        If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

                        I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

                        Is that unreasonable?

                        Malle_YenoM This user is from outside of this forum
                        Malle_YenoM This user is from outside of this forum
                        Malle_Yeno
                        wrote last edited by
                        #50

                        Not an antivaxxer, but that sounds difficult to prove. Even for mere liability, how would you demonstrate on a balance of probabilities that someone got sick specifically because someone else didn’t vaccinate?

                        (Also I really hope small-claims court isn’t the appropriate avenue for trying something as serious as infecting a child with measles)

                        1 Reply Last reply
                        6
                        • trickdacy@lemmy.worldT trickdacy@lemmy.world

                          Are you an anti-vaxxer?

                          B This user is from outside of this forum
                          B This user is from outside of this forum
                          bastion@feddit.nl
                          wrote last edited by
                          #51

                          I’m absolutely for the rights of people to either have or refuse vaccines. Of course, in your mind, that probably just equates to being an anti-vaxxer. I get vaccines when it makes sense to me to do so, which doesn’t include all vaccines.

                          D trickdacy@lemmy.worldT 2 Replies Last reply
                          0
                          • B bastion@feddit.nl

                            I’m absolutely for the rights of people to either have or refuse vaccines. Of course, in your mind, that probably just equates to being an anti-vaxxer. I get vaccines when it makes sense to me to do so, which doesn’t include all vaccines.

                            D This user is from outside of this forum
                            D This user is from outside of this forum
                            dubyakay@lemmy.ca
                            wrote last edited by dubyakay@lemmy.ca
                            #52

                            To partake in society you have to accept societal contracts. One such contract is to not be a dick to others. If you don’t vaccinate yourself against certain things, you are liable for spreading the disease. And thus you are being a dick. And thus you break the contract.

                            If you excuse yourself from society going forward though, I see no problem with your stance.

                            B 1 Reply Last reply
                            1
                            • Y yezzey@lemmy.ca

                              Canada just lost its measles-free status. So here’s the question…

                              If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

                              I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

                              Is that unreasonable?

                              A This user is from outside of this forum
                              A This user is from outside of this forum
                              Hemingways_Shotgun
                              wrote last edited by
                              #53

                              If it can be proven. Yes. But there are too many variables to be able to prove it usually.

                              1 Reply Last reply
                              5
                              • B bastion@feddit.nl

                                I’m absolutely for the rights of people to either have or refuse vaccines. Of course, in your mind, that probably just equates to being an anti-vaxxer. I get vaccines when it makes sense to me to do so, which doesn’t include all vaccines.

                                trickdacy@lemmy.worldT This user is from outside of this forum
                                trickdacy@lemmy.worldT This user is from outside of this forum
                                trickdacy@lemmy.world
                                wrote last edited by
                                #54

                                Yeah, honestly you are an anti-vaxxer if your personal feelings (or crackpot theories) negatively affect your perception of vaccine science even slightly. What you’re expressing here is an idea that has killed countless people and it will only get worse. Everyone should thank you for bringing back measles though, because your valiant freedom fighting “helped” us in that way.

                                B 1 Reply Last reply
                                0
                                • Y yezzey@lemmy.ca

                                  Canada just lost its measles-free status. So here’s the question…

                                  If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

                                  I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

                                  Is that unreasonable?

                                  V This user is from outside of this forum
                                  V This user is from outside of this forum
                                  voroxpete@sh.itjust.works
                                  wrote last edited by voroxpete@sh.itjust.works
                                  #55

                                  I’m personally of the opinion that refusing to vaccinate your kids should not be a choice parents get to make. Just like how you can’t choose to starve your children, no matter how deeply and truly you believe that we can draw all our necessary sustenance from the air.

                                  In Canada we have a legal concept called the “Duty of persons to provide necessaries.”

                                  Here’s the relevant legal code:

                                  215 (1) Every one is under a legal duty (a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;

                                  Link Preview Image
                                  Failing to Provide the Necessaries of Life (Offence) - Criminal Law Notebook

                                  favicon

                                  (www.criminalnotebook.ca)

                                  I firmly believe that vaccinations should be deemed one of the “necessaries of life” under this article of the criminal code. Like food, water, clothing, shelter, etc. You shouldn’t have a choice in this matter. We shouldn’t even be talking about whether or not that choice harms someone else’s kid, because that’s actually beside the point. At a basic level, we as a society have already agreed that children’s right to be properly sheltered and cared for outweighs their parents rights to decide how they live. The idea that there should be an exception for vaccines - something that can mean the difference between life and death - is absolutely ridiculous.

                                  1 Reply Last reply
                                  18
                                  • F falschgeldfurkan@lemmy.world

                                    Thanks, appreciate the write-up! I’m just wondering that myself, my question wasn’t meant as an anti-vax post.

                                    V This user is from outside of this forum
                                    V This user is from outside of this forum
                                    voroxpete@sh.itjust.works
                                    wrote last edited by voroxpete@sh.itjust.works
                                    #56

                                    To put it simply, pathogens are like roach infestations. You can do everything in your power to keep your apartment clean and tidy and bug free, but if your neighbour’s apartment is a spawning ground for the little shits, sooner or later they’re going to make their way in no matter what you do.

                                    It takes everyone, working together, to make us all safe from deadly diseases. That’s how herd immunity works.

                                    1 Reply Last reply
                                    0
                                    • L leftzero@lemmy.dbzer0.com

                                      Parents who don’t vaccinate their children without a good medical reason should be treated as any other parent who intentionally abuses, harms, mistreats, or abandons their children, simple as that.

                                      If they harm other people on top of that, then that should probably count as attempted murder plus aggravated assault and battery, or some equivalent.

                                      It’s a shame that rampant wilful idiocy with intent to cause harm and mayhem isn’t a criminal offence, though, because they should also be charged with that.

                                      V This user is from outside of this forum
                                      V This user is from outside of this forum
                                      voroxpete@sh.itjust.works
                                      wrote last edited by
                                      #57

                                      Completely agree. I said more in my own comment, but if you’re interested, here’s the relevant criminal code that backs up what you’re saying; https://www.criminalnotebook.ca/index.php/Failing_to_Provide_the_Necessaries_of_Life_(Offence)

                                      L 1 Reply Last reply
                                      2
                                      • Y yezzey@lemmy.ca

                                        I don’t disagree with this mindset, but I do want to say that it should be on the plaintiff to prove your child caused the problem rather than the defendant to prove they did not. Proving a negative is damn near impossible in court.

                                        If your choices raise everyone else’s risk, it’s fair that you carry some of the burden. Courts deal in probability every day.

                                        V This user is from outside of this forum
                                        V This user is from outside of this forum
                                        voroxpete@sh.itjust.works
                                        wrote last edited by
                                        #58

                                        No, we can’t start throwing out burden of proof when it suits us.

                                        I’ve argued elsewhere in this thread that the solution is to obligate parents to provide vaccinations, just like they’re obligated to provide food, water, clothing, shelter, etc. This is the basic legal duty of care that all parents have towards their children, and it should extend to vaccines. This is both a logical application of existing law - rather than requiring new law - and incredibly simple to prove in court. If parents are obligated to vaccinate their kids, all a cop or social worker has to do is ask for the proof of vaccination. There’s no balance of proof to consider, and no knotty problems of untangling exactly how someone else’s kid got sick.

                                        1 Reply Last reply
                                        2
                                        • B bastion@feddit.nl

                                          Nah. It’s not concerning that otherwise intelligent people can’t figure out how to deal with their own lives without resorting to controlling others.

                                          H This user is from outside of this forum
                                          H This user is from outside of this forum
                                          howrar@lemmy.ca
                                          wrote last edited by
                                          #59

                                          Anyone have tips on how to not get stabbed without forcing other people to stop stabbing?

                                          1 Reply Last reply
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