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this post was submitted on 01 Apr 2024
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You are more optimistic than I am. I worry a particularly “slanted” Supreme Court might interpret school vaccine requirements, quarantine, etc. as coercive violations of bodily autonomy.
Maybe if the amendment had a limited public heath exception and some protections for doctors. But the wording would be tricky.
After what China allegedly did during Covid, I think we should think very carefully about the specific conditions of a legalized and forced quarantine.
Yeah, that’s why any exception would have to be narrow and carefully worded and I’m not even sure it would be possible.
Both risks are pretty bad. Make the protections too strong and people will abuse the privilege. Too weak and governments will abuse the exceptions.
Eh, maybe I’m overthinking it. Even the first amendment is understood not to protect certain kinds of speech. Although sometimes I wonder if those exceptions could survive if directly challenged in our modern situation…
Well in the fears you’re describing I’d rather err to too much freedom. Like in most situations if somebody doesn’t want a vaccine, doesn’t want to wear a helmet, doesn’t want to whatever it doesn’t impact me in any way. And I don’t want them trying to legislate the specific grey zone that makes abortion illegal. It’s clear as can be. If it’s not your body, it’s not your choice. If it is your body, it is your choice.
Sometimes those choices have consequences sure. Like wearing a helmet can be a condition for riding a motorcycle on a federally funded road. Just like having a license or wearing a seat belt. Being vaccinated can be a condition for sharing a confined space with others in public. There could be tax breaks for being vaccinated, for example. But I believe very strongly in bodily autonomy, with almost no exceptions.
The biggest thing to spell out would be about parental control over children. Parents want full control but I don’t even think they should have it. That would be heteronomy. I think bodily autonomy rights should protect babies from medically unwarranted circumcision. I think babies and children should be protected from unwanted tattoos too. Just like kids are protected from child abuse. There can’t be a minimum age for this human right, you have the right when you are old enough to express it. There are children who want to get vaccinated without parental consent and that should be allowed.