![handle is hein.journals/utol52 and id is 369 raw text is: VACCINATIONS AND FUNDAMENTAL RIGHTS: THE
NEED FOR FEDERAL VACCINATION LEGISLATION
Samantha R. Ayers
INTRODUCTION
B efore the measles vaccine was introduced in 1963, an estimated 3 to
4million people got measles each year in the United States... [A]bout
400 to 500 people died from measles and 48,000 were hospitalized [yearly] in the
pre-vaccine era ....I The MMR vaccine was developed to combat measles and
protect lives, and it is the best protection available against the disease if given to
children in two doses.2 Yet, in Michigan alone there were 44 confirmed cases of
the Measles in 20193 and, in 2012, the measles claimed 122,000 lives across the
world.4
Except for smallpox, many diseases are still rampant in third world and
developing countries. What this means is that diseases can [make] a comeback
anywhere that vaccines begin to be delayed or stopped.5 In 2008, 63,000 people
worldwide died because of tetanus.6 In addition, there were over 94,000 cases of
rubella and over 680,000 cases of mumps in 2012 globally.7 Even with low or
nonexistent rates of many infections, like measles, polio, and diphtheria in the
United States, parents shouldn't forget that these infections are just a plane ride
away from [their] child[ren].8 In the United States, citizens are fortunate enough
to have access to vaccinations, and, due to their availability, are able to effectively
battle the risk of exposure to infectious diseases, so long as vaccination guidelines
are followed.9
This note focuses on the interaction between fundamental rights and the
consequences of parental refusal to vaccinate their minor children. Whereas
1. 2019 Michigan Measles Outbreak, I VACCINATE, https://ivaccinate.org/measles-outbreak/
(last visited Feb. 3, 2020).
2. Id.
3. Id.
4. Vincent Iannelli, Epidemics and Outbreaks of Vaccine-Preventable Diseases, VERYWELL
FAMILY (Feb. 23, 2020), https://www.verywellfamily.com/vaccine-preventable-diseases-2633684.
5. Id.
6. Id.
7. Id.
8. Id.
9. Id.
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