Today, tragic news broke that an otherwise healthy, unvaccinated school-aged child has died in the Texas measles outbreak—the first pediatric measles death in the U.S.
In México kiddy vaccination is Mandatory: No Child is admitted to 1st grade unless has had all the mandated vaccines up to that age. And Basic Public Educations is Mandatory too.
I knew epidemiologists trying to apply the missing ones in a short period of time for the rare kid who had not a complete vaccination Schedule in the 90s.
Why is vaccination not Mandatory in the US? Or is it?.
Because if it is mandatory and a Child Died, assuming solidly causality, then there would be Legal Issues there.
I am not blaming the Parents here, you argued for them, maybe the Government Policies are to blame since Decades ago?.
In México since Decades ago there are large mandatory vaccination campaigns reaching really really isolated communities once or twice a year with Public funding. Some of those communities speak languages other than Spanish: they require a key contact within the community to fix things and receive, apply, etc., the vaccines.
Does that happen in the US once or twice a year with Public Money for ALL kids?
If not, why not, and since when?
I am not being contentious, I just find sometimes context from a more remote Past is way too relevant to omit. I have an example comparing my Country with yours for explainers, not on Medicine, but on Politics. I hope it helps:
As another comparison with illustrative purpose on Context:
In México Health is a Constitutional Right. It is in article Four of our Constitution.
The law for a small piece of that Article, Article four talks about other rights, is I guess around hundreds, even a thousand pages long.
Is Health a Constitutional Right in the US?.
As another, more comprehensive and more general:
Our article Four speaks about Male/Female equality, Reproductive Rights, Nutrition, Healthy Environment, Water access, Housing, Identity, Superior Legal Interest of Minors, Guarding those Rights by Adults, Access and enjoying Culture, Exercise, Economic Support for Persons with Disabilities (a relatively new one), Universal Pension for Seniors (also new), and Scholarships (also new).
And in 2011 those Constitutional Rights were transformed into Human Rights, by modifying the 1st article of Our Constitution to make Mandatory for all Authorities to respect, promote, guarantee and protect Human Rights, were, when and how it fits them.
So is Health in the US is a Human Right deserving: respect, promotion, guarantee and protection?.
If not, why not?
I comment this because I guess there is Relevant History for the Current Situation that is being omitted in the Discourse that could lead to more disinformation, not less.
It makes more sense blaming current officials, without at least considering and analyzing if they are obligated to vaccinate anyone by Law, as in México they are, stemming from a small part of article Four of our Constitution.
Which I don´t know for the US, what if the Law gives them discretion to do what they do even if it is callous and even murderous?
And that´s not all, by making Health a Human Right it is linked with all the other Human Rights in Law, as they are in a Human: as a Whole.
So, we Mexicans can complain and law suit the Government based on Article 1 and Article 4.
According to Article 10 of The ´ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS "PROTOCOL OF SAN SALVADOR" Health is a Public Good:
“2. In order to ensure the exercise of the right to health, the States Parties agree to recognize health as a public good and, particularly, to adopt the following measures to ensure that right:”…
“c. Universal immunization against the principal infectious diseases;”
In México International Treaties, signed, ratified and Ok´d by Congress, which is the only authority I think that can do the 3 things, are Mandatory for the Mexican State, so in Principle my Government recognizes at almost, or at Constitutional Level the right to “Universal immunization against the principal infectious diseases;”
Is the US Government obligated to Comply with Said Treaty/Protocol?
If not, why not?.
Apparently they never signed it nor ratified it according to:
Thank you for sharing your international perspective! You raise some excellent and complex questions—entire volumes have been written on these topics. And just to be clear, I’m also not a lawyer :)
In the U.S., vaccination is required for attendance in certain schools and childcare settings, but the specifics—such as which vaccines are required, how they are enforced, and the exemption process—vary widely by state. The legal foundation for vaccine mandates dates back to the 1905 Supreme Court case Jacobson v. Massachusetts, which established the government’s authority to enforce vaccinations in the interest of public health while balancing individual rights. While there have been subsequent cases, Jacobson remains the key precedent. However, no one in the U.S. is ever forcibly vaccinated—there are no “compulsory” vaccination laws. And no, health is not explicitly recognized as a right in the U.S. Constitution.
Last year, I wrote a review article on global measles and rubella eradication efforts and strategies to improve vaccine uptake. https://www.mdpi.com/2076-393X/12/6/694 Countries differ significantly in whether they mandate vaccines, how these mandates are implemented, and how strictly they are enforced—ranging from “hard” mandates with strict penalties to “soft” mandates with incentives or recommendations. There are many factors to consider when designing such policies, and overly strict mandates can sometimes backfire, leading to greater public resistance.
It is truly heart-breaking. I agree that parents are trying to make the best decisions and sometimes get caught in a "web of misleading information" that lures them away from evidence-based science and medicine like vaccines.
We did had Public Massive Campaigns of Free Vaccination, but with the Pandemic we stoped doing them, and they had not been reimplemented.
My bad, I assumed they kept doing them, and I was wrong, and it seems omitting them now gave us Epidemics in at least Chihuahua, a northern State of México, imported from the US.
Sorry, I was unaware and uninformed, my fault, I should/could have checked...
The flu vaccines always made me viciously ill when I was forced into taking them in service. Without the vaccine in me - since i got out (1980) I never get the flu when others do. Nor do I take that shot.
In México kiddy vaccination is Mandatory: No Child is admitted to 1st grade unless has had all the mandated vaccines up to that age. And Basic Public Educations is Mandatory too.
I knew epidemiologists trying to apply the missing ones in a short period of time for the rare kid who had not a complete vaccination Schedule in the 90s.
Why is vaccination not Mandatory in the US? Or is it?.
Because if it is mandatory and a Child Died, assuming solidly causality, then there would be Legal Issues there.
I am not blaming the Parents here, you argued for them, maybe the Government Policies are to blame since Decades ago?.
In México since Decades ago there are large mandatory vaccination campaigns reaching really really isolated communities once or twice a year with Public funding. Some of those communities speak languages other than Spanish: they require a key contact within the community to fix things and receive, apply, etc., the vaccines.
Does that happen in the US once or twice a year with Public Money for ALL kids?
If not, why not, and since when?
I am not being contentious, I just find sometimes context from a more remote Past is way too relevant to omit. I have an example comparing my Country with yours for explainers, not on Medicine, but on Politics. I hope it helps:
https://federicosotodelalba.substack.com/p/sympathy?r=4up0lp
As another comparison with illustrative purpose on Context:
In México Health is a Constitutional Right. It is in article Four of our Constitution.
The law for a small piece of that Article, Article four talks about other rights, is I guess around hundreds, even a thousand pages long.
Is Health a Constitutional Right in the US?.
As another, more comprehensive and more general:
Our article Four speaks about Male/Female equality, Reproductive Rights, Nutrition, Healthy Environment, Water access, Housing, Identity, Superior Legal Interest of Minors, Guarding those Rights by Adults, Access and enjoying Culture, Exercise, Economic Support for Persons with Disabilities (a relatively new one), Universal Pension for Seniors (also new), and Scholarships (also new).
And in 2011 those Constitutional Rights were transformed into Human Rights, by modifying the 1st article of Our Constitution to make Mandatory for all Authorities to respect, promote, guarantee and protect Human Rights, were, when and how it fits them.
So is Health in the US is a Human Right deserving: respect, promotion, guarantee and protection?.
If not, why not?
I comment this because I guess there is Relevant History for the Current Situation that is being omitted in the Discourse that could lead to more disinformation, not less.
It makes more sense blaming current officials, without at least considering and analyzing if they are obligated to vaccinate anyone by Law, as in México they are, stemming from a small part of article Four of our Constitution.
Which I don´t know for the US, what if the Law gives them discretion to do what they do even if it is callous and even murderous?
And that´s not all, by making Health a Human Right it is linked with all the other Human Rights in Law, as they are in a Human: as a Whole.
So, we Mexicans can complain and law suit the Government based on Article 1 and Article 4.
Can Americans do that Legally Speaking?
More on Health and Mexican Law:
According to Article 10 of The ´ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS "PROTOCOL OF SAN SALVADOR" Health is a Public Good:
“2. In order to ensure the exercise of the right to health, the States Parties agree to recognize health as a public good and, particularly, to adopt the following measures to ensure that right:”…
“c. Universal immunization against the principal infectious diseases;”
In México International Treaties, signed, ratified and Ok´d by Congress, which is the only authority I think that can do the 3 things, are Mandatory for the Mexican State, so in Principle my Government recognizes at almost, or at Constitutional Level the right to “Universal immunization against the principal infectious diseases;”
Is the US Government obligated to Comply with Said Treaty/Protocol?
If not, why not?.
Apparently they never signed it nor ratified it according to:
https://www.oas.org/juridico/english/sigs/a-52.html
Why the US did not Signed and Ratified said Protocol making it Mandatory to follow by the US government?.
Even Venezuela Ratified it in the Year 2000!, and it took them 11yrs to do it after signing it!.
So I guess is more than clear where my rhetoric is going to…
Hopefully Finally:
I am not a lawyer, but could it be said US persons have a right not to be harmed by their Government, but not to be Protected on Health Matters?
I guess the answer will be nuanced, no clear cut answers for all Health Issues, but I don´t know...
Thank you for sharing your international perspective! You raise some excellent and complex questions—entire volumes have been written on these topics. And just to be clear, I’m also not a lawyer :)
In the U.S., vaccination is required for attendance in certain schools and childcare settings, but the specifics—such as which vaccines are required, how they are enforced, and the exemption process—vary widely by state. The legal foundation for vaccine mandates dates back to the 1905 Supreme Court case Jacobson v. Massachusetts, which established the government’s authority to enforce vaccinations in the interest of public health while balancing individual rights. While there have been subsequent cases, Jacobson remains the key precedent. However, no one in the U.S. is ever forcibly vaccinated—there are no “compulsory” vaccination laws. And no, health is not explicitly recognized as a right in the U.S. Constitution.
Last year, I wrote a review article on global measles and rubella eradication efforts and strategies to improve vaccine uptake. https://www.mdpi.com/2076-393X/12/6/694 Countries differ significantly in whether they mandate vaccines, how these mandates are implemented, and how strictly they are enforced—ranging from “hard” mandates with strict penalties to “soft” mandates with incentives or recommendations. There are many factors to consider when designing such policies, and overly strict mandates can sometimes backfire, leading to greater public resistance.
Thanks for the reference.
So basically it is up for States, and I guess because it is not a Constitutional Right and therefore delegated to each State.
Thanks again :)
It is truly heart-breaking. I agree that parents are trying to make the best decisions and sometimes get caught in a "web of misleading information" that lures them away from evidence-based science and medicine like vaccines.
Status Update, from México: I was wrong in part.
We did had Public Massive Campaigns of Free Vaccination, but with the Pandemic we stoped doing them, and they had not been reimplemented.
My bad, I assumed they kept doing them, and I was wrong, and it seems omitting them now gave us Epidemics in at least Chihuahua, a northern State of México, imported from the US.
Sorry, I was unaware and uninformed, my fault, I should/could have checked...
The flu vaccines always made me viciously ill when I was forced into taking them in service. Without the vaccine in me - since i got out (1980) I never get the flu when others do. Nor do I take that shot.
I’m sorry that was your experience with them. That sounds frustrating. I’d am curious—do you see any possible benefits to getting the flu vaccine?