NY Judge Blocks Flu Vaccine Mandate For Preschoolers


Susanne.Posel-Headline.News.Official- vaccines.preschoolers.new.york.judge.overruled.law_occupycorporatismSusanne Posel ,Chief Editor Occupy Corporatism | Co-Founder, Legacy Bio-Naturals
December 17, 2015

 

New York Supreme Court Judge Manuel Mendez has ruled that the New York City board of health (NYBH) cannot mandate children receive flu vaccinations prior to attending school or day-care because the agency does not have the authority to do so.

This ruling may put to an end a trend of actions over the past several decades taken by the board that supersede the state laws and ordinances of the city council.

Mendez wrote in his opinion: “Nothing … Allows municipalities to mandate vaccines that are not explicitly authorized. If the state wanted the flu vaccine mandated, it would have included it in its own law or regulations.”

This case was the collaborative efforts of 5 parents who did not want to vaccinate their kids, and asserted that barring them from attending daycare would cause unfair social and economic harm to the children.

Going back 2 years, the NYBH approved a rule requiring children ages 6 to 59 months must receive a full shot annually before entering daycare.

Several years ago, New York State Bill A343 gave children the right to make decisions about their health and whether or not they receive vaccinations for the human papillomavirus (HPV), and Hepatitis B.

This legislation violated the N.Y. Pub. Health Law § 2164(9) which states that parents in New York have the legal right to refuse vaccinations for their children.

According to the National Vaccine Injury Compensation Program “each healthcare provider who administers a vaccine” must “provide to the legal representatives of any child” a copy of information “prior to the administration of the vaccine.”

Essentially, a child has no more right to consent to vaccinations than they do to sexual relations before the age of 18.

In addition, this move violated parental 4th amendment rights to due process because the children are still under legal custody of their parents.

Denying parents their rights in this matter was a violation as explained by the US Supreme Court: “Most children, even in adolescence, simply are not able to make sound judgments concerning many decisions, including their need for medical care or treatment. Parents can and must make those judgments.”





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