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Informed Consent to Vaccination: Theoretical, Legal, and Empirical Insights
Dorit Rubinstein Reiss1, Nili Karako-Eyal2
1Professor of Law, UC Hastings College of Law.
American Journal of Law & Medicine
|January 25, 2020
Summary
Informed consent for vaccines requires accessible information and no coercion for autonomous decisions. Neither Israel nor the US fully meets this ideal, necessitating improvements in vaccine consent processes.
Area of Science:
- Public Health
- Bioethics
- Health Law
Background:
- Informed consent is crucial for public health initiatives like vaccination.
- Ensuring autonomous decision-making in vaccination is ethically and legally significant.
- Vaccine hesitancy presents challenges to achieving high vaccination rates.
Purpose of the Study:
- To define an ideal informed consent process for vaccinations.
- To evaluate existing informed consent frameworks in Israel and the United States against this ideal.
- To identify areas for improvement in vaccine consent procedures.
Main Methods:
- Literature review of informed consent theory and vaccination practices.
- Analysis of legal frameworks for vaccine consent in Israel and the US.
- Comparative assessment of health authority conceptualizations of informed consent for vaccines.
Main Results:
- Neither the Israeli nor the US informed consent process fully aligns with the ideal model for vaccination.
- Current processes may not consistently provide full, accessible information or prevent coercion.
- Both countries face challenges in addressing parental concerns and misconceptions effectively.
Conclusions:
- Improvements are needed in vaccine consent materials and processes in both Israel and the US.
- Enhancing information accessibility and addressing vaccine hesitancy are key.
- Striving for an ideal informed consent process can bolster public trust and vaccination uptake.
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