Redefining Mandatory Vaccination as Necessary to Life and the Refusal of Vaccination as Criminal Negligence Causing Death

Susa Submissions,Cody Bondarchuk

doi:10.29173/invoke29331

Abstract

This paper argues that childhood vaccination should be considered a necessary of life as defined in Section 215 (1) of the Canadian Criminal Code, and parents who do not vaccinate their children should be considered responsible for death by criminal negligence if their child dies from a preventable disease. It timelines the long history of the vaccine debate from the perspective of both science of skeptics and points to the since-retracted Wakefield paper as the catalyst for the re-emergence of this debate, detailing the science behind why vaccination is safe, effective, and necessary. It then outlines the theory of medical neglect as a form of indirect killing in the same way starvation or lack of shelter is currently considered neglect under the Code, to prove that vaccination is required for all children who can be vaccinated and the dangers of not doing so. It concludes with notes on disease prevention and education to increase the number of vaccinated children, as the goal of defining vaccination as a necessary of life is not meant to punish parents but to encourage higher rates of vaccination and a greater communal knowledge of medical procedures.

Highlights

Article 24 of the United Nations Convention on the Rights of the Child confirms the rights of children related to medical care and treatment (United Nations, 1989)
Canada is party to this treaty, and yet arguably the country’s government is shirking responsibility by not federally mandating mandatory vaccinations of preventable disease for children. It has been consistently and undeniably proven that vaccinations like the one for measles, mumps, and rubella (MMR) are safe, effective, and have contributed to the near-eradication of preventable disease in the last thirty years; while the Public Health Agency strongly recommends “that children are routinely vaccinated against measles through two doses of the MMR vaccine,” current laws have not adapted to consider this a necessity for children in Canada (Born et al, 2014)
Vaccinations should be considered part of the necessaries of life cited in Section 215 (1) of the Canadian Criminal Code because of their proven benefits for protecting children from preventable disease, and parents who do not vaccinate children who are medically able to be should be considered responsible for death by criminal negligence under Section 220 of the Code if the child subsequently dies of a preventable disease (Calgary Legal Guidance, RSC, 1985)

Summary

Introduction

Article 24 of the United Nations Convention on the Rights of the Child confirms the rights of children related to medical care and treatment (United Nations, 1989). Canada is party to this treaty, and yet arguably the country’s government is shirking responsibility by not federally mandating mandatory vaccinations of preventable disease for children. It has been consistently and undeniably proven that vaccinations like the one for measles, mumps, and rubella (MMR) are safe, effective, and have contributed to the near-eradication of preventable disease in the last thirty years; while the Public Health Agency strongly recommends “that children are routinely vaccinated against measles through two doses of the MMR vaccine,” current laws have not adapted to consider this a necessity for children in Canada (Born et al, 2014). The paper concludes by discussing the steps to regulating and requiring routine vaccination through prevention and education, allowing parents and guardians to become more aware of the potentially fatal consequences associated with not vaccinating their child (CBC News, 2016)

History of Vaccine Skepticism

Findings

Medical Neglect as Indirect Killing