Vaccination and the law

Debate on whether vaccination should be made mandatory through law is vexed and centres on the rights of the community versus those of the individual - in particular, their right to make decisions in the best interest of their child.

This review examines the role that legislation and case law play in determining whether it is in the child's best interest to be protected against vaccine-preventable diseases.

Legislating to make vaccination mandatory raises conflicting issues. Legal compulsion may impinge on a parent's right to choose what they consider is in the best interest of their child. The dilemma is whether achieving herd immunity, in particular the protection of children against serious and preventable diseases, justifies infringing on these rights.