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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?

Scheduled Pinned Locked Moved Canada
canada
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  • V voroxpete@sh.itjust.works

    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.

    quick_snail@feddit.nlQ This user is from outside of this forum
    quick_snail@feddit.nlQ This user is from outside of this forum
    quick_snail@feddit.nl
    wrote on last edited by quick_snail@feddit.nl
    #69

    Excuse me, I’m breath-tarian /s

    1 Reply Last reply
    6
    • A Hemingways_Shotgun

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

      quick_snail@feddit.nlQ This user is from outside of this forum
      quick_snail@feddit.nlQ This user is from outside of this forum
      quick_snail@feddit.nl
      wrote on last edited by
      #70

      Antibodies?

      A 1 Reply Last reply
      0
      • I ilikeboobies@lemmy.ca

        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)

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        A This user is from outside of this forum
        anonymous111@lemmy.world
        wrote on last edited by
        #71

        Same here. Your pain and suffering is like $40.

        Crazy when you see US damages being in the millions.

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        1
        • quick_snail@feddit.nlQ quick_snail@feddit.nl

          Antibodies?

          A This user is from outside of this forum
          A This user is from outside of this forum
          Hemingways_Shotgun
          wrote on last edited by
          #72

          I’m assuming you mean that the kid that wasn’t vaccinated wouldn’t have antibodies in his system? But how do you tie that to “This is definitely the kid that gave the measles to my child”.

          Could have been that kid in his class that is unvaccinated. It could have been a kid he hung out with on the playground, or a kid he walked past in a mall.

          There’s no way to prove beyond reasonable doubt that just because the kid in his class wasn’t vaxxed, that he was necessarily the specific vector for your child to get measles. It’s impossible. To many variables.

          1 Reply Last reply
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          • 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?

            B This user is from outside of this forum
            B This user is from outside of this forum
            bitjunkie@lemmy.world
            wrote on last edited by
            #73

            Or their own. Lock them the fuck up.

            1 Reply Last reply
            4
            • 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?

              n7gifmdn@lemmy.caN This user is from outside of this forum
              n7gifmdn@lemmy.caN This user is from outside of this forum
              n7gifmdn@lemmy.ca
              wrote on last edited by
              #74

              Should they, yes, will they, not in the west.

              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?

                L This user is from outside of this forum
                L This user is from outside of this forum
                leastaction@lemmy.ca
                wrote on last edited by
                #75

                No, they should just not be allowed to prevent their children from being vaccinated.

                Y 1 Reply Last reply
                5
                • L leastaction@lemmy.ca

                  No, they should just not be allowed to prevent their children from being vaccinated.

                  Y This user is from outside of this forum
                  Y This user is from outside of this forum
                  yezzey@lemmy.ca
                  wrote on last edited by
                  #76

                  I don’t believe people should be forced to do it, I think that they should be held liable tho.

                  1 Reply Last reply
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                  • C cv_octavio

                    Offering a generous tax credit for proof of vaccination ought to resolve the problem easily enough, given the simple-minded and grift-oriented nature of your average antivaxxer.

                    C This user is from outside of this forum
                    C This user is from outside of this forum
                    Carl
                    wrote on last edited by
                    #77

                    Not everyone can be vaccinated.

                    C 1 Reply Last reply
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                    • C Carl

                      Not everyone can be vaccinated.

                      C This user is from outside of this forum
                      C This user is from outside of this forum
                      cv_octavio
                      wrote on last edited by
                      #78

                      Yeah, I’m gonna go out on what feels like a very sturdy limb here and say that herd immunity wouldn’t be compromised if everyone who could did, and everyone who can’t didn’t.

                      And I’m pretty sure that we are:

                      A) not referring to this demographic in our thread

                      B) in general, ok with legit medical exemptions, see above for why.

                      1 Reply Last reply
                      1
                      • H howrar@lemmy.ca

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

                        B This user is from outside of this forum
                        B This user is from outside of this forum
                        bastion@feddit.nl
                        wrote on last edited by
                        #79

                        No. You can reasonably take an action against someone that is the same degree of involvement they attempt to do to you. By someone stabbing you, or attempting to, they consent to the same degree of violence against them, by having taken direct action against you.

                        This is not the same as, for example, someone fleeing from attackers, and knocking on your door, thus potentially drawing the attention of the attackers to you. Of course, you’re free to deny the attackers or the victim entry.

                        H 1 Reply Last reply
                        0
                        • B bastion@feddit.nl

                          No. You can reasonably take an action against someone that is the same degree of involvement they attempt to do to you. By someone stabbing you, or attempting to, they consent to the same degree of violence against them, by having taken direct action against you.

                          This is not the same as, for example, someone fleeing from attackers, and knocking on your door, thus potentially drawing the attention of the attackers to you. Of course, you’re free to deny the attackers or the victim entry.

                          H This user is from outside of this forum
                          H This user is from outside of this forum
                          howrar@lemmy.ca
                          wrote on last edited by
                          #80

                          So I can legally/morally stab someone who tried to stab me? How is that at all helpful? I don’t want to stab anyone.

                          How would this translate to the measles situation? If someone gives me measles, then I’m allowed to give them back measles? But they already have measles. That’s how they were able to transmit it. And I’ll still have gotten the disease. I want to maintain my health and not get infected in the first place.

                          B 1 Reply Last reply
                          0
                          • H howrar@lemmy.ca

                            So I can legally/morally stab someone who tried to stab me? How is that at all helpful? I don’t want to stab anyone.

                            How would this translate to the measles situation? If someone gives me measles, then I’m allowed to give them back measles? But they already have measles. That’s how they were able to transmit it. And I’ll still have gotten the disease. I want to maintain my health and not get infected in the first place.

                            B This user is from outside of this forum
                            B This user is from outside of this forum
                            bastion@feddit.nl
                            wrote on last edited by bastion@feddit.nl
                            #81

                            Then don’t stab anyone, and prepare for what situations you run into where you know it’s possible to be stabbed, but won’t stab in return.

                            Yes. You can get measles from someone, and can give it to them. The fundamental bad actor is the disease itself, and we address that by getting immunity to it, one way or the other.

                            Get a vaccine. Nobody should every be able to take that right from you.

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

                              Then don’t stab anyone, and prepare for what situations you run into where you know it’s possible to be stabbed, but won’t stab in return.

                              Yes. You can get measles from someone, and can give it to them. The fundamental bad actor is the disease itself, and we address that by getting immunity to it, one way or the other.

                              Get a vaccine. Nobody should every be able to take that right from you.

                              H This user is from outside of this forum
                              H This user is from outside of this forum
                              howrar@lemmy.ca
                              wrote on last edited by
                              #82

                              prepare for what situations you run into where you know it’s possible to be stabbed

                              And what might those preparations look like? How does one prepare for that, as well as for the possibility of getting shot, or being run over by a car while on the sidewalk, or getting mugged/pickpocketted, or getting your credit card information stolen, or having your home being broken into and ransacked, or someone picking up your infant and running away with them, or having your drink/food spiked, etc.

                              Get a vaccine.  Nobody should every be able to take that right from you.

                              A vaccine is never 100% effective. If it were, then we wouldn’t be having this conversation in the first place. 3% of people receiving the measles vaccine don’t get immunity, and there’s those who can’t get the vaccine because they’re too young, or are immunocompromised in some way. What option would they have for dealing with their own lives without controlling others?

                              B 1 Reply Last reply
                              0
                              • H howrar@lemmy.ca

                                prepare for what situations you run into where you know it’s possible to be stabbed

                                And what might those preparations look like? How does one prepare for that, as well as for the possibility of getting shot, or being run over by a car while on the sidewalk, or getting mugged/pickpocketted, or getting your credit card information stolen, or having your home being broken into and ransacked, or someone picking up your infant and running away with them, or having your drink/food spiked, etc.

                                Get a vaccine.  Nobody should every be able to take that right from you.

                                A vaccine is never 100% effective. If it were, then we wouldn’t be having this conversation in the first place. 3% of people receiving the measles vaccine don’t get immunity, and there’s those who can’t get the vaccine because they’re too young, or are immunocompromised in some way. What option would they have for dealing with their own lives without controlling others?

                                B This user is from outside of this forum
                                B This user is from outside of this forum
                                bastion@feddit.nl
                                wrote on last edited by bastion@feddit.nl
                                #83

                                And what might those preparations look like?

                                All preparations for disaster look like a cost-benefit analysis and reasonable actions taken to mitigate those disasters. Sometimes, that means relying on collective tools - laws, incentives, etc., which can be easier sometimes, if it works. Other times, it’s internal planning, or physical training, or avoidance of problematic situations.

                                Another big aspect of preparation that people can do is genuinely coming to terms with the existence of whatever particular problem they’re facing. “Radical acceptance”, so to speak, though one needs to know the difference between accepting and submitting. When you can’t accept something, you end up blindsided by it, shocked and appalled that it can happen to you, or that humans can’t just talk it through, or whatever. When you can, you generally see it coming a ways away, and can address it before it becomes an issue for you, instead of thinking “I shouldn’t have to deal with this,” or “but humanity is better than that, and we can just talk it through.”

                                But, that kind of preparation takes a lot of world-view shifting, and skill-building in processing fears, and for people who don’t really have evidence of the benefit, it’s hard to pay the cost in time and effort on personal growth in that area. C’est la vie.

                                A vaccine is never 100% effective. […]

                                Indeed. However, there must be a line for what a collective can or cannot reasonably impose on an individual. And, whether you like it or not, the physical body is a real boundary, and granting a collective governing body power over what you put into or take out of your own body is a larger issue than vaccination, and people will utilize that power against you, not just for you.

                                This is true enough that as soon as the Democrats started pushing for mandatory vaccinations during covid, I knew and stated that the cost would be abortion. …and that’s exactly what was lost, in many states.

                                Any power you give the government, will be used all of the ways it can be used, depending on the party in power and the moral fads that the culture goes through - and as you can see with trump and the underlying expressions going on there, these fads aren’t always going to be in your favor.

                                Although there are some areas that are morally more stable, any area that doesn’t have fairly universal support will go through this dynamic of flipping what side gets to utilize that power, and in what way it is used.

                                Case in point:

                                The Republicans centralized power in the presidency with the USA Patriot act. The Democrats, in power when it expired, renewed it, rather than letting it drop, or (even better) making an act to prevent that centralization of power. Obama utilized that power to great effect, including to fulfill the reason for it’s temporary existence. …and then he renewed it, when it was no longer needed, and after it had expired, because of lack of ability to consider that maybe power isn’t always a good thing, and sometimes you need to let go for things to work right.

                                …and the dems can’t keep hold of that power. …and now that power is Trump’s and the reps in general, until their fire burns out.

                                As a side note: The irony is that maybe Trump, if he thinks the dems will win, might nerf presidential powers out of spite - which would be great, if it sticks.

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

                                  And what might those preparations look like?

                                  All preparations for disaster look like a cost-benefit analysis and reasonable actions taken to mitigate those disasters. Sometimes, that means relying on collective tools - laws, incentives, etc., which can be easier sometimes, if it works. Other times, it’s internal planning, or physical training, or avoidance of problematic situations.

                                  Another big aspect of preparation that people can do is genuinely coming to terms with the existence of whatever particular problem they’re facing. “Radical acceptance”, so to speak, though one needs to know the difference between accepting and submitting. When you can’t accept something, you end up blindsided by it, shocked and appalled that it can happen to you, or that humans can’t just talk it through, or whatever. When you can, you generally see it coming a ways away, and can address it before it becomes an issue for you, instead of thinking “I shouldn’t have to deal with this,” or “but humanity is better than that, and we can just talk it through.”

                                  But, that kind of preparation takes a lot of world-view shifting, and skill-building in processing fears, and for people who don’t really have evidence of the benefit, it’s hard to pay the cost in time and effort on personal growth in that area. C’est la vie.

                                  A vaccine is never 100% effective. […]

                                  Indeed. However, there must be a line for what a collective can or cannot reasonably impose on an individual. And, whether you like it or not, the physical body is a real boundary, and granting a collective governing body power over what you put into or take out of your own body is a larger issue than vaccination, and people will utilize that power against you, not just for you.

                                  This is true enough that as soon as the Democrats started pushing for mandatory vaccinations during covid, I knew and stated that the cost would be abortion. …and that’s exactly what was lost, in many states.

                                  Any power you give the government, will be used all of the ways it can be used, depending on the party in power and the moral fads that the culture goes through - and as you can see with trump and the underlying expressions going on there, these fads aren’t always going to be in your favor.

                                  Although there are some areas that are morally more stable, any area that doesn’t have fairly universal support will go through this dynamic of flipping what side gets to utilize that power, and in what way it is used.

                                  Case in point:

                                  The Republicans centralized power in the presidency with the USA Patriot act. The Democrats, in power when it expired, renewed it, rather than letting it drop, or (even better) making an act to prevent that centralization of power. Obama utilized that power to great effect, including to fulfill the reason for it’s temporary existence. …and then he renewed it, when it was no longer needed, and after it had expired, because of lack of ability to consider that maybe power isn’t always a good thing, and sometimes you need to let go for things to work right.

                                  …and the dems can’t keep hold of that power. …and now that power is Trump’s and the reps in general, until their fire burns out.

                                  As a side note: The irony is that maybe Trump, if he thinks the dems will win, might nerf presidential powers out of spite - which would be great, if it sticks.

                                  H This user is from outside of this forum
                                  H This user is from outside of this forum
                                  howrar@lemmy.ca
                                  wrote on last edited by
                                  #84

                                  Sometimes, that means relying on […] laws

                                  We’re you not just arguing against having laws to disallow stabbing? If not, then I’m not clear on what you mean by “controlling others”.

                                  “Radical acceptance”

                                  Couldn’t this also apply to abuse of power? Accepting that there’s the possibility of bad outcomes, and that’s the cost of certain benefits, like protecting everyone from some easily preventable causes of death. It sounds like maybe what you’re arguing for isn’t that exerting control over others in and way is universally bad, but rather that bodily autonomy needs to be protected above all. But if that’s the case, I don’t understand why you think it’s only acceptable to protect it by not actively doing something that violates bodily autonomy, and why it’s not okay to actively protect bodily autonomy (e.g. preventing others from inserting undesirable sharp objects into your body, whether that be a knife or an injection or anything else).

                                  The Republicans centralized power in the presidency with the USA Patriot act […]

                                  I agree that centralization is power is problematic, but this is a whole other problem independent of bodily autonomy. Unless you’re saying that controlling others is only bad when it’s done by a central power? But you’re also making arguments against mandatory vaccination in general, so I’m still unclear on what your stance is.

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