Schloendorff v Society

Justice, Benjamin Cardozo, sitting on the New York Court of Appeals, heard Schloendorff v. Society of New York Hospital, a case concerning a woman who

claimed that she was operated on without her consent.6 In considering whether thecharitable hospital could be liable for an alleged trespass, Judge Cardozo declared:

"Every human being of adult years and sound mind has a right to determine whatshall be done with his own body.",7 In issuing this powerful affirmation of selfdetermination that helped to give rise to the right of informed consent,

informed consent and obligatory vaccines, do mandated vaccines negate informed consent. If you have to take a vaccine to work or go to school is it still voluntary and can you consent?

Vaccinations cause controversies for numerous reasons: medical, religious, and even personal. The following paper focuses on one more, underestimated conflict between individual autonomy and public health in regard to obligatory childhood vaccinations. Every medical intervention should be preceded by informed consent; however,informed consent in the case of obligatoryvaccinations cannot be voluntary and valid.Moreover, asking parents to sign an informed consent form is paradoxical in a situation where not signing it will lead to legal consequences. Our paper tries to accentuate the issue of involuntariness and invalidity of informed consent in the case of obligatory vaccination and tries to propose a solution that acknowledges requirements for vaccinations and makes parents feel safer coming in and out of a vaccination visit.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6276839/