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Old 09-04-2015, 11:39 AM
 
Location: Seattle, Washington
8,435 posts, read 10,540,958 times
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Given the recent SB277 bill in CA and mandates in other states, are the unvaccinated and undervaccinated being segregated and/or discriminated against?

Dorit Rubinstein Reiss, professor of law at a CA university, wrote an article in the Skeptical Raptor blog about this topic.
http://www.skepticalraptor.com/skept...nor-segregate/

She states that it is neither and here are her reasons:
"School immunization requirements – with or without exemptions – certainly treat families whose children do not get the required vaccines (or, when applicable, show immunity in other ways) differently than others. It’s a distinction. That doesn’t make it discrimination."

"Segregation was unlawful because it separated people, again, based on fear and animus. That’s not what school immunization requirements are intended to do, nor what they do. In an ideal situation, the result of school immunization requirements is that all children medically able to would be vaccinated AND attend the school of their parents’ choice. There is no intent to keep some children unvaccinated and the goal is to make schools safe for all that attend them, not to keep a category of children out."

I disagree with the author. It is both segregation and discrimination against a population that has a specific personal belief. I think you could also argue that the lack of vaccine in a person's body could constitute a biological discrimination as well.

Please keep the discussion about the social issue and not vaccine safety/efficacy specifics. We all know there is risk but that is not the controversy in this thread.

Last edited by katjonjj; 09-04-2015 at 12:23 PM..
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Old 09-04-2015, 11:46 AM
 
Location: I'm around here someplace :)
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Of course it's not "discrimination"- it's about consequences and potential consequences, not 'beliefs.'
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Old 09-04-2015, 11:56 AM
 
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"In 1968 the U.S. Department of Education, formerly the Department of Health, Education, and Welfare, issued a statement saying that school officials are responsible for providing equal educational opportunities for all, regardless of one’s nationality, race, or color.[SIZE=2][[/SIZE]"


"Non-vaccinated people" is not a protected class under the law. As long as the government provides equal opportunity for children to get the required vaccines, (free or very cheap and publicly available at a pharmacy), then they can require that the children be vaccinated before physically arriving at the school. It's a health issue. They can require that kids with fevers or vomiting be sent home, same thing as kids who are unvaccinated (without a valid health or religious reason).
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Old 09-04-2015, 12:09 PM
 
Location: Seattle, Washington
8,435 posts, read 10,540,958 times
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Quote:
Originally Posted by pkbab5 View Post
"In 1968 the U.S. Department of Education, formerly the Department of Health, Education, and Welfare, issued a statement saying that school officials are responsible for providing equal educational opportunities for all, regardless of one’s nationality, race, or color.[SIZE=2][[/SIZE]"


"Non-vaccinated people" is not a protected class under the law. As long as the government provides equal opportunity for children to get the required vaccines, (free or very cheap and publicly available at a pharmacy), then they can require that the children be vaccinated before physically arriving at the school. It's a health issue. They can require that kids with fevers or vomiting be sent home, same thing as kids who are unvaccinated (without a valid health or religious reason).
Normally I would agree, however when you mandate school for children (parents can be charged with a crime if they don't educate them) then mandate a medical procedure for attendance, you are forcing a parent to go against their personal belief and it's no longer informed consent but coerced consent.

Also, mandating vaccination for diseases that are not contagious through normal school contact (like tetanus and HPV) is not a health issue for school kids.

BTW in my kids' school district, they recommend keeping kids out of school if they have a fever or are not feeling well but they don't enforce it unless the child complains of illness. Kids with lice aren't excluded, nor are kids with HIV or Hep B ... all contagious conditions.
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Old 09-04-2015, 12:21 PM
 
Location: Hyrule
8,390 posts, read 11,617,818 times
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There is no proof that mandates will prevent children who don't vaccinate from going to Disneyland, yet that is the basis for the mandates and yes, they are discriminating. This bill and it's claims that the unvaccinated caused the outbreak are unfounded. They are simply using propaganda to discriminate against a small minority in the state and preventing them from attaining a publicly funded education in which they are a part of and support financially. The government of CA was heavily lobbied and paid the years preceding this mandate.

In our state it is illegal to keep any group, including illegal immigrants, from a public education. Now it's allowable to refuse a child who is missing even one vaccine from the schedule. This is discriminatory. Discrimination wrapped in the blanket of protecting the public makes no difference. It wasn't right when we discriminated against Japanese after Pearl Harbor, it isn't right regarding Muslims in the current terrorist climate and it isn't right regarding those who lack a vaccine under the government advised schedule. It won't make a dent in protecting others from disease that immigrants can easily bring into our country via tourism. People who homeschool still have the right to leave their homes, and frequent businesses and theme parks. I believe it's only yet another profit driven big business decision and mandates serve as an incentive, not as a public health miracle.

Mandates are discriminatory. If there was a profit for taking fat kids from their parents, we'd be promoting that with propaganda. I can't believe after all this time we aren't aware when the propaganda starts. Hopefully transparency will win in the end.

Vaccines are promising, but to discriminate those who don't agree that all of them are good for their health is ridiculous.
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Old 09-04-2015, 12:23 PM
 
Location: Hyrule
8,390 posts, read 11,617,818 times
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Quote:
Originally Posted by pkbab5 View Post
"In 1968 the U.S. Department of Education, formerly the Department of Health, Education, and Welfare, issued a statement saying that school officials are responsible for providing equal educational opportunities for all, regardless of one’s nationality, race, or color.[SIZE=2][[/SIZE]"


"Non-vaccinated people" is not a protected class under the law. As long as the government provides equal opportunity for children to get the required vaccines, (free or very cheap and publicly available at a pharmacy), then they can require that the children be vaccinated before physically arriving at the school. It's a health issue. They can require that kids with fevers or vomiting be sent home, same thing as kids who are unvaccinated (without a valid health or religious reason).
Under this light you shed, what about the funding? Should parents who's children are kicked out of school be allowed to keep their money to use for homeschooling? Since homeschooling would not be a voluntary decision?

Also, will parents who allow their children to go back to school before their kids are free from illness be kicked out and homeschooled as well?
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Old 09-04-2015, 12:34 PM
 
Location: Seattle, Washington
8,435 posts, read 10,540,958 times
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Quote:
Originally Posted by Tia 914 View Post
Of course it's not "discrimination"- it's about consequences and potential consequences, not 'beliefs.'
If, for example, I believe that I will suffer an injury from a medical procedure I am able to say "no" once informed. Do you agree that it would be discriminatory for the state to not allow me to go to medical facilities? I realize that's not the best example but when you think about this issue, you have to keep in mind that vaccination is a medical procedure.

The other issue is that blacks were segregated in different schools at one time but we, as a country, deemed that wrong. How then do we justify segregating children in different schools again whatever the reason behind it.
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Old 09-04-2015, 12:34 PM
 
Location: Hyrule
8,390 posts, read 11,617,818 times
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Quote:
Originally Posted by katjonjj View Post
Normally I would agree, however when you mandate school for children (parents can be charged with a crime if they don't educate them) then mandate a medical procedure for attendance, you are forcing a parent to go against their personal belief and it's no longer informed consent but coerced consent.

Also, mandating vaccination for diseases that are not contagious through normal school contact (like tetanus and HPV) is not a health issue for school kids.

BTW in my kids' school district, they recommend keeping kids out of school if they have a fever or are not feeling well but they don't enforce it unless the child complains of illness. Kids with lice aren't excluded, nor are kids with HIV or Hep B ... all contagious conditions.
I'd like to add that at my sons school they previously kept kids who didn't have a vaccine for a disease involved in an outbreak home. The parents knew that as a condition. So just like keeping them home if they have the flu.

I think the problem with these mandates is they open the door for discrimination in the name of health safety across the board. Already there are new mandates coming for adults regarding vaccinations.
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Old 09-04-2015, 12:49 PM
 
1,955 posts, read 1,763,820 times
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Originally Posted by PoppySead View Post
It won't make a dent in protecting others from disease that immigrants can easily bring into our country via tourism. People who homeschool still have the right to leave their homes, and frequent businesses and theme parks. I believe it's only yet another profit driven big business decision and mandates serve as an incentive, not as a public health miracle.
But when I read the news about outbreaks of vaccine-preventable illnesses, the illnesses always seem to spread primarily from the public schools. The environment created by a public school is much better suited to the passing of contagious illnesses. You are many more times likely to catch something from public school than you are from Disney Land or Wal-Mart.

Also, I'm pretty sure I've seen statistics showing that outbreaks are worse at schools with higher percentages of vaccinated children. Vaccinating all children who can be vaccinated (except for those with valid medical and religious reasons) DOES in fact make a dent in protecting others from disease. A very very large dent.

This is not driven by big business to make a buck. This is driven by the desire to prevent children from suffering diseases like Measles, Mumps, Rubella, Polio, etc etc. Don't turn the death and suffering of children into a perceived money grab. This is not a money grab.
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Old 09-04-2015, 01:09 PM
 
Location: Hyrule
8,390 posts, read 11,617,818 times
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Quote:
Originally Posted by pkbab5 View Post
But when I read the news about outbreaks of vaccine-preventable illnesses, the illnesses always seem to spread primarily from the public schools. The environment created by a public school is much better suited to the passing of contagious illnesses. You are many more times likely to catch something from public school than you are from Disney Land or Wal-Mart.

Also, I'm pretty sure I've seen statistics showing that outbreaks are worse at schools with higher percentages of vaccinated children. Vaccinating all children who can be vaccinated (except for those with valid medical and religious reasons) DOES in fact make a dent in protecting others from disease. A very very large dent.

This is not driven by big business to make a buck. This is driven by the desire to prevent children from suffering diseases like Measles, Mumps, Rubella, Polio, etc etc. Don't turn the death and suffering of children into a perceived money grab. This is not a money grab.
I don't know how you can say that in a for profit healthcare system but we will just be disagreeing on that one. If you care to look it up, mandates were clearly incentives so that pharma companies would keep producing vaccines. Otherwise, they were not a money maker and they would have stopped production.

Therefore in my mind, we have been lobbied to discriminate a small percent of our population to gain a profit. Vaccines could be great, or cause injury and death as reported but that doesn't really matter. Mandates give incentives for drug companies to keep producing medicine. It's a conflict in our for profit healthcare system.

There is no justification, just a bottom line. Regardless of the effect on a small minority. If it wasn't cost effective then it would be a choice. Like owning a gun, driving a car, owning a swimming pool or allowing your ill children to attend school with asthmatics and spread respiratory illnesses. All of which cause more death today then disease outbreaks. Enough people already voluntarily vaccinated. Mandates are just incentive. And I think we should address why it right to discriminate against people for big corp profits.
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