Mandatory vaccination represents a limitation on human rights. Any limitation of fundamental rights, such as the rights to liberty and security of person, is serious, regardless of the supposed public good involved. There are several codes in place that protect our human rights, and the right to consent or refuse to any medical procedure that includes protection of our parental rights.
Human Rights Codes:
The foremost principle in the Nuremberg Code is that “the voluntary consent of the human subject is absolutely essential.”
The U.S. Bill of Rights. We have Natural Rights, "everyone is born with an equality of certain rights, regardless of their nationality. Since they come from nature or from God, natural rights cannot be justly taken away without consent."
There are those that wish to jeopardize our inalienable rights and pull the legal exemptions and waivers. The American Academy of Pediatrics (AAP) and Paul Offit wish to end religious and philosophical exemptions to vaccines. Recently the Pediatric Infectious Diseases Society (PIDS) joined in with their strategy to disallow exemptions and waivers. There are groups that are fighting these organizations and peoples who wish to force the American public to submit to these unwanted medical procedures. Not all children are created equal and we must as a society protect the individuals right to choose to a procedure such as vaccination because it comes with real risk to life and long term disability. Our government doesn't actively track vaccine adverse events and our children's injuries are misdiagnosed or waived away as a "phase". Less then 10% of all vaccine injuries are picked up by the VAERS. We do not know the true numbers of the injured so risk/benefit analysis cannot be done regarding vaccination. Because of this the parental and individual right to choose what's being injected into our bodies must be protected. One group involved in this crusade is the Canary Party. If you wish to get involved too that is a good place to start.
Everywhere routine vaccines are mandated in the United States, one or more exemptions are allowed.
This doesn't mean that vaccines are not mandatory--they are. What it means is that everywhere vaccines are mandated, at least some people may be eligible to refuse them legally without penalty. Exceptions to vaccine mandates fall into three basic categories:
Medical: Generally available whenever vaccines pose a serious risk of harm to the intended recipient. Generally, they require a recommendation from a licensed medical doctor. Some state health departments can deny medical exemptions even when recommended by a licensed medical doctor.
Religious: Available to most people who have sincerely held religious objections. Specific qualifying criteria may vary from state to state. These are offered in 48 sates and in all federal jurisdictions.
Personal or Philosophical: Available to some people with personal or philosophical objections. Offered in about U.S. 20 states, but not in any federal jurisdictions.
No one is required to hire an attorney to help with an exemption.
SCHOOL EXEMPTIONS - PUBLIC, PRIVATE, HOMESCHOOLS
Whether or not state exemption laws apply to private schools and homeschools depends on the specific wording of each state's laws. For example, in 2006, the Texas State Attorney General issued aformal opinion concluding that Texas law doesn't require private schools to accept religious exemptions unless the school receives state funding. In contrast, North Carolina's religious exemption law does apply to all private schools.
Don't use a form unless your state requires and provides one. Otherwise, you may not be in compliance with your stat's law. Don't copy exemption letters from the Internet -- you'll look insincere and risk losing the exemption.
Understanding your rights requires a careful reading of applicable statutes, regulations, and legal precedent. Reviewing your states' laws is a good starting point. The Authoritative Guide to Vaccine Legal Exemptions contains a summary of all of the relevant state and federal legal precedent, and information about how and when this applies. Understanding the legal precedent is necessary to understanding where the boundaries of your rights are under the specific facts and circumstances of your life, in the particular jurisdiction (geographical location). If you have any doubles, consult a knowledgeable attorney.
IMMIGRATION AND FOREIGN ADOPTION
The United States Citizenship and Immigration Services (USCIS) requires immigrants, including children adopted from foreign countries, to be vaccinated. However, this requirement can be waived for objections based on religious beliefs and moral convictions (however, doing so on moral convictions only can be very difficult). This requires form I-601, Application for Waiver of Ground of Inadmissibility, which has a $545 application fee, and an affidavit that must be customized for each applicant. The USCIS generally interview waiver applicants.
Working with an experienced attorney is strongly recommended. The USCIS manual requires details not addressed in the regulations. One can follow the letter of the regulations and still be rejected. Knowing what to include and exclude in the application; how to prepare your affidavit, statement of religious beliefs, and other relevant documents; and how to handle the interview can make the difference in whether or not the application is approved.
MILITARY - MEMBERS, FAMILIES, SCHOOLS, AND CIVILIAN CONTRACTORS
Military regulations offer military members medical and administrative exemptions, the latter of which includes religious exemptions. Religious exemptions are also available to military families, children in military schools, and civilian military contractors. Different regulations and laws may apply to each of these different areas; e.g., military members and schools are governed by Department of Defense regulations, while military contractors' religious objections fall under federal statutes and civilian civil rights regulations.
For military members, the exemption can be withdrawn if the mission is deemed to require that. Presumably, denial of an exemption application or withdrawal of a previously granted exemption would most likely occur when working outside the U.S. or in any location where infectious diseases are considered to pose a high risk -- e.g., third-world and war-torn countries.
Military personnel cannot be vaccinated while a decision on a exemption application is pending.
There are some branch-specific variations. Strict adherence to the applicable regulations is necessary to ensure that proper procedure is followed and all requirements are properly presented. Care should be taken to ensure that your statement of religious beliefs includes appropriate information and details and excludes anything that is not needed and that could undermine your exemption claim. For these reasons, an experienced attorney is recommended. Information about what kinds of beliefs qualify and why, and other details, are provided in The Authoritative Guide to Vaccine Legal Exemptions.
VACCINE CUSTODY DISPUTES
When separated or divorced parents disagree over whether or not to vaccinate their children, most attorneys and judges are likely to view the dispute as a "no brainer" -- of course the "best interest of the child" standard requires the children to be vaccinated. This stems from a misunderstanding of the fact that an exempt child poses no threat, legally or medically, to himself or the community. Medically, the herd immunity theory supports this assumption. Legally, if the exercise of a legal exemption would cause a significant health risk for anyone, the state legislature would not have enacted the exemption law in the first place.
Pro-exemption parents often have strong legal rights that can win in these disputes. But few family law attorneys are familiar with the applicable law, and those that take these cases often pursue a losing strategy.
There are several different "levels" to the legal analysis these cases, and a proper assessment depends on the applicable state and federal law as well as the specific facts in each case. Therefore, consulting an attorney experienced in this arena is highly recommended. Custody cases can be heavily fact-dependant, and vaccine custody disputes are often entangled with other custody matters such as which parent should have health or religious decision-making authority for the children.
The Authoritative Guide to Vaccine Legal Exemptions contains a detailed overview of the various potential components of a complete analysis. Attorney Phillips is also available to work with you and your family law attorney, and has done so successfully with attorneys in several states assisting clients and attorneys in vaccine custody disputes.
Most states require immunizations for college students. some have separate exemption laws, while others have one set of exemption laws that apply to all schools, including post-secondary schools.
College students in healthcare curriculums that require them to do clinical work in local hospitals or other healthcare facilities may have a more complicated situation. Those facilities may requre vaccines of their employees and students doing clinical work as a matter of institutional policy, and not state law. Where that's the case, there may be no exemption law that applies.
For those with religious objections, there may be federal law that applies. See the section for healthcare employees for more on this.
Exemption rights can change dramatically during a declared emergency. In most states, emergency vaccines can be mandated with only medical exemptions, or even no exemptions, once authorities declare a state of emergency. Furthermore, whether exemptions are allowed or not, during a declared emergency, those who are exempt or refuse mandatory vaccines can be quarantined in government facilities against their will in most states. For more on this and what you can do about it, see the Pandamic Response Project.
Thank you Alan for allowing me to post your hard work and thank you for your dedication to our children.