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In general, government agencies are allowed to prescribe and administer vaccines in response to public health concerns. However, this police power of sovereign immunity has its limits.
At the turn of the century there were cases where minorities and immigrants were forcibly vaccinated. And while immigrants to the United States are still required to receive a range of vaccines to this day, a century ago minority populations were selected to take questionable doses.
In the early 1900s, officials in San Francisco targeted Chinese community members to take a newly developed vaccine. They justified their actions by saying that they were taking the necessary steps to avoid an epidemic. However, other people in the city were not required to take it. And Chinese recipients of the vaccine reported terrible side effects.
The vaccination mandate was revoked in court.
“You can’t have a vaccination mandate that violates equal protection,” says Abramson.
Government officials adapted by claiming to identify vaccine recipients by identifying neighborhoods where they were needed. These areas were mostly Chinese quarters. This attempt did not work either.
Although a large part of the framework regarding the requirements and restrictions of vaccine mandates has been specified, COVID-19 has raised numerous new questions – especially in an international context. For example, while immigrants to the United States must be vaccinated, tourists are not. That could change, Abramson adds, pointing out that many other countries are already requiring proof of vaccination for tourists visiting their countries.
“I think there is a reasonable expectation that countries will require proof of vaccination for non-Americans” [tourists] during the COVID-19 pandemic, “says Abramson.
There is still no legal precedent for a vaccination certificate either. But that can change.
Other topics of the course include FDA regulation of vaccine safety and effectiveness, distribution during a pandemic, and compensation for injuries allegedly caused by vaccines.
“The course is not over yet, but I’ve learned an incredible amount about mandatory vaccination,” says law student Ayesha Arain. “I think this course will be beneficial in the future as I pursue a career in immigration law. Individuals wishing to immigrate to the United States must always get certain vaccinations. Knowing what vaccinations are required by law will help my clients.” to orientate yourself. ” especially for customers who do not want to be vaccinated. “
In this course, students learn how the vaccination law came about and what can happen next.
“Not only is this course important to the world, but I’ve been an occupational therapist for over 20 years and vaccinations have always been a big deal for both patients and staff. And that would always spark a debate, ”says Kelly Denney.
“I have the feeling that this course is very valuable. I didn’t know there was an area of vaccination law – and since I’ve worked in a hospital where there’s so much discretion and information, it’s just so interesting. “
Students interning in Washington, DC this summer took advantage of the closeness of the class by accepting an invitation to sit down. Joshua Naraine ’17, a global affairs PhD student doing an internship with a think tank, noticed how the experience revived his passion for law.
“To be honest, I was surprised at how extensive the vaccine law is. I never really looked at it. The procedure and process that goes into a vaccine was very cool for me to see, ”said Naraine.
