Should parents who refuse childhood vaccines be liable if their choice harms someone else’s kid?
-
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?
I think there are a few issues:
-
How do you prove kid A gave kid B measels?
-
Why isn’t kid B vaccinated? Because they don’t need to be, group immunity. Well that is no longer true with anti vax so…
-
Kid B then gives kid C measels, so kid B’s parents are now liable.
-
Your in small claims court. You have to prove damages. So you’re going for loss of earning for an adult looking after the kid + pain and suffering. Is that payout going to be worth filing papers, legal advice etc.
You’d be better passing a law to mandate vaccines, but that won’t be politically viable.
Just my thoughts - am not Canadian.
-
-
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)
Failing to Provide the Necessaries of Life
I’m not fluent in legalese, but that seems about right, yes.
-
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.
I reject societal contracts that do not support individual and body sovereignty. Of course, you can do with that as you will, because… …well… …sovereignty. Just know that if you take body sovereignty from people in one area, you empower the government to make decisions about your body, as well.
…and as we all have seen, the benevolence of the government is largely dependent on what party is in power, and what societal dynamics are in play. it’s… …unreliable, at best.
I literally called it, the day Democrats started pushing forced vaccinations, that the Republicans would go for reversal of abortion law. …and they fucking did, and they fucking succeeded in many ways, and that is direct consequence of permitting the government to violate body sovereignty, even when the voiced arguments do not pertain to it.
So, you can have your contiguous society, with forced social contracts rather than ones people actually are willing to agree to. …and you’ll also have the consequences, whether or not you can cognize how bad that will be right now.
-
Kids shouldn’t be getting measles in the first place. No measles, no problems you described. No anger here.
Bacteria and viruses spread. It’s what they do. We need a way to adapt to them. Vaccines are good, being healthy probably helps more. What we need is real food, housing and health care and education. Instead we have arguments about vaccines. Sad really.
-
Felony murder, in my opinion.
Even if the child dies, withholding a vaccine would have to be made illegal. You need to be committing a felony first, someone dies, then get charged with felony murder.
-
Thanks, appreciate the write-up! I’m just wondering that myself, my question wasn’t meant as an anti-vax post.
You’re welcome!
-
We are not litigious as Canadians, but maybe we should be in this aspect.
Because we have loser pays laws for civil suits.
-
I think there are a few issues:
-
How do you prove kid A gave kid B measels?
-
Why isn’t kid B vaccinated? Because they don’t need to be, group immunity. Well that is no longer true with anti vax so…
-
Kid B then gives kid C measels, so kid B’s parents are now liable.
-
Your in small claims court. You have to prove damages. So you’re going for loss of earning for an adult looking after the kid + pain and suffering. Is that payout going to be worth filing papers, legal advice etc.
You’d be better passing a law to mandate vaccines, but that won’t be politically viable.
Just my thoughts - am not Canadian.
pain and suffering.
Minus this, that’s not a thing in Canada. You could seek future earnings if the child died but that’s hard to prove when they don’t even have a GED and it’s unlikely when the child is dead. (Also would take it out of small claims)
-
-
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;
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.
Excuse me, I’m breath-tarian /s
-
If it can be proven. Yes. But there are too many variables to be able to prove it usually.
Antibodies?
