Etikk i praksis. Nordic Journal of Applied Ethics (2020),
14
(1), 7-27 |
http://dx.doi.org/10.5324/eip.v14i1.3316 |
Mandatory childhood vaccination: Should Norway follow?
Espen Gamlunda, Karl Erik Müllerb, Kathrine Knarvik Paquetc, and Carl Tollef Solbergdd b Department of Clinical Science, University of Bergen, and Institute of Bioscience, University of São Paulo, Brazil; Department of Internal Medicine, Drammen hospital, post@kem.priv.no c University of Bergen, knarvikkathrine@gmail.com d Bergen Centre for Ethics and Priority Setting (BCEPS), Department of Global Public Health and Primary Care (IGS), University of Bergen, carl.solberg@uib.no
Systematic public vaccination
constitutes a tremendous health success, perhaps
the greatest achievement of biomedicine so far.
There is, however, room for improvement. Each
year, 1.5 million deaths could be avoided with
enhanced immunisation coverage. In recent years,
many countries have introduced mandatory
childhood vaccination programmes in an attempt
to avoid deaths. In Norway, however, the
vaccination programme has remained voluntary.
Our childhood immunisation programme covers
protection for twelve infectious diseases, and
Norwegian children are systematically immunised
from six weeks to sixteen years of age. In this
article, we address the question of whether our
country, Norway, should make the childhood
vaccination programme mandatory. This question
has received considerable public attention in
the media, yet surprisingly little academic
discussion has followed. The aim of the article
is to systematically discuss whether it is
morally justified to introduce a mandatory
childhood vaccination programme in Norway. Our
discussion proceeds as follows: We begin by
presenting relevant background information on
the history of vaccines and the current
Norwegian childhood vaccination programme. Next,
we discuss what we consider to be the most
central arguments against mandatory childhood
vaccination: the argument from the standpoints
of parental rights, bodily integrity,
naturalness, mistrust, and immunisation
coverage. After that, we examine the central
arguments in favour of mandatory childhood
vaccination from the standpoints of harm, herd
immunity, and as a precautionary strategy. We
conclude that there are convincing moral
arguments in favour of adopting a policy of
mandatory childhood vaccination in Norway. Introduction
Vaccination has a long history.
Vaccines against smallpox have been
described in India in the 16th
century and were later introduced in England
by the physician Edward Jenner. There is
also a long history of scepticism about
vaccines. In the 18th century,
vaccine hesitancy was reported in both the
United States and in Europe, with objections
similar to those we face today, including
the intrusion of privacy, the harm of bodily
integrity, and the misuse of power over the
working class by the ruling class. This
hesitancy led to some early examples of
mandatory vaccination, such as the smallpox
vaccination programme in the USA (Stern
& Markel 2005). In retrospect, public
vaccination has constituted a tremendous
health success, perhaps the greatest
achievement of biomedicine so far. It has
led to a vast decline in devastating and
potentially deadly diseases such as whooping
cough, polio, mumps, measles, and rubella.
Moreover, smallpox has been eradicated, and
there is even hope for the eradication of
polio in the future. Today, it is estimated
that vaccines prevent 2–3 million deaths
annually, and even more people are protected
from disease. Nevertheless, there is room for
further improvement. Each year, an
additional 1.5 million deaths could be
avoided with enhanced immunisation coverage
(WHO 2019a). However, vaccine hesitancy is
reported from all around the world, and
scepticism about vaccines is growing (Lancet
2019). In fact, the World Health
Organization (WHO) has listed vaccine
hesitancy as one of the ten most pressing
threats to global health in the year 2019
(WHO 2019a). The vaccination programmes in
Europe range from mandatory systems in
France and Italy, to a semi-mandatory
programme in Czechia and a completely
voluntary programme in Norway (Bozzola et
al. 2018, Paul & Loer 2019). The
programmes also differ in what vaccinations
are included (see Table 1 for the Norwegian
programme). Although children are
automatically enrolled for immunisation in
Norway, all vaccinations are voluntary, and
there are no official repercussions for
opting out of the programme (NIPH 2018).
If parents decide not to vaccinate their
children, they can reject the vaccines
during their child’s appointments in the
public health clinic.1
A written note from the parents is
sufficient for an opt-out for school-age
children. No further justification is
needed. The Norwegian childhood
immunisation programme covers protection
against twelve infectious diseases, and
Norwegian children are systematically
immunised from six weeks to sixteen years of
age (NIPH
2018). Table 1 below presents an
overview of the Norwegian childhood
immunisation programme. In recent years we have seen
outbreaks of potentially deadly diseases
like measles in many countries around the
world (WHO, 2019b). This has led some
countries to introduce a policy of mandatory
childhood vaccination (Ward, Colgrove, &
Verger 2018). The question we ask in this
article is whether Norway should follow
other countries and make their vaccination
programme mandatory. This question has
received considerable public attention in
the media in recent years, yet little
academic discussion has followed. In what
follows, we discuss the most central
arguments for and against mandatory
vaccination. We begin with the arguments
against mandatory vaccination, from the
standpoints of parental rights, bodily
integrity, naturalness, mistrust, and
immunisation coverage. After that, we
examine the most central arguments in favour
of mandatory vaccination, from the
standpoints of the harm argument,
herd immunity, and
as a precautionary strategy. We conclude
that there are convincing moral arguments in
favour of adopting a policy of mandatory
child vaccination in Norway.2 Table 1. The Norwegian Childhood Immunisation Programme
Several arguments are relevant in
discussing the introduction of a mandatory
childhood vaccination programme in Norway. We
have selected what we consider to be the most
convincing arguments on each side of the table.
The arguments that we examine against mandatory
childhood vaccination are concerned with parental
rights, children’s bodily integrity, the
naturalness of disease, mistrust in the health
system, and immunisation coverage. Parental rights In Norway, parents have the final
say with respect to whether or not their
children should receive vaccines. It is
therefore relevant to discuss the rights
of parents with regard to vaccines. At least two aspects concerning parental rights are important to consider in this context. First, parents’ special relationship with their children is grounded in a special interest in their children’s well-being. Moreover, this special interest is based on certain rights that parents have with respect to their children. These parental rights are underpinned by a liberal principle of respect for persons and their basic freedom and rights to live individual lives (Brennan 2018). For example, this liberal principle protects parents’ right to decide what school their children should attend or what religion they will be raised in. Along these lines, one can argue that the decision of whether or not to vaccinate one’s child is similar to decision-making regarding school, religion and the like. By this line of reasoning, parents should have a right to decide whether or not their children should receive vaccines. If parents, for whatever reason, wish not to have their children vaccinated, they should have a right to refuse vaccination. This is the status quo situation in Norway.
Second, parents may be
permitted to refuse vaccination of their
children based on a principle of parental
partiality. According to this
principle, parents are entitled to give
greater weight to the interests and
well-being of their own children than to the
interests and well-being of other children.
This principle comes into play in the case
of vaccination because of the nature of herd
immunity. Herd immunity is the
indirect protection of a communicable
disease that occurs when a sufficient
percentage of the population becomes immune
to the infection in question (Fine et al.
2011, University of Oxford 2019). Although
such herd immunity (which we shall return to
later), is a morally relevant matter when
discussing vaccine refusal, a parent
normally has the right to give greater
importance to the interest of their own
children than to the interest of others.
Thus, if a parent believes it is in their
child’s best interest not to be vaccinated,
then they should be allowed to refuse
vaccines regardless of its impact on herd
immunity. Both of these aspects concerning
parental rights have some plausibility, yet we
do not think they succeed in grounding a
parental right to refuse child vaccination. Even
though parents might make use of their parental
right to refuse vaccination with
the laudable intention of protecting their
children, this choice may end up going against
the children’s interests. Evidence strongly
suggests that children benefit from routine
vaccination, in the sense that unvaccinated
children have a much higher risk of acquiring
infectious diseases than their vaccinated peers
(Colgrove 2006,
Omer et al. 2009). We acknowledge that
most, if not all, parents want the best for
their children, and in most areas of life
parents are better qualified than anyone else to
know their child’s best interests. Medical
decision-making is, however, an exception to
this rule. In this case, parents are generally not
better qualified than their physicians, and thus
they have a strong reason to trust the advice
given to them by their physicians. Thus, the
choice of whether or not to vaccinate one’s
child would seem to be an example of such
medical decision-making.4
In cases where parents are
unqualified to make adequate decisions about the
interests or well-being of their children,
better-qualified people should have a say. For
instance, Norwegian adults are currently allowed
to refuse any medical treatment they do not
want. For example, adult Jehovah’s Witnesses
might refuse blood transfusions for themselves.
This policy can be justified on the basis of a
liberal principle of respect for persons and
their autonomy. From a liberal standpoint, it is
not permissible for the state to prohibit
everything it regards as morally problematic or
wrong. Even if we think adult Jehovah’s
Witnesses are deeply mistaken in refusing blood
transfusions, they should be allowed to make
such a decision for themselves. In Norway,
Jehovah’s Witnesses are not allowed to refuse
blood transfusion for their children. Current
practice presupposes that there is a morally
relevant distinction between what parents should
be allowed to do for themselves, and what they
are allowed to do for their children. This law
is reasonable in that it protects children from
becoming innocent victims in the hands of their
parents. A similar line of thought is
reasonable when it comes to routine childhood
vaccination. The law respects parents’ decisions
for their children in most cases, except where
the child’s health, well-being or life is at
risk (Diekema
2004). To refuse vaccination is to
prevent the child from acquiring individual
immunity, putting the child at risk of
contracting a preventable disease, which
ultimately places the child’s health in
jeopardy. It can be argued that children have a
right to be protected against
vaccine-preventable diseases and harmful choices
made by their parents (Colgrove 2006).
Mandatory childhood vaccination could be viewed
as society’s way of protecting this right. A second reason to limit parents’
right to decide for their children is if this
decision is harmful to the interests of others (Gamlund 2015, Moen
2015 a & b). An unvaccinated child
constitutes a risk of harm to others, due to the
negative impact on herd immunity. Everyone takes
advantage of herd immunity, and one cannot
choose not to take advantage of it; herd
immunity is therefore considered a public
good. For this reason, parental partiality
is not a valid counterpoint to mandatory
vaccination. That is to say, herd immunity is of
such importance that implementing mandatory
childhood vaccination may be a justifiable means
of reaching this goal. Bodily integrity Another argument against mandatory vaccination proceeds from the fact that children, like adults, have a constitutional right to bodily integrity, which gives them a right to avoid unwanted physical intrusions (Hill 2015). Child vaccination is not necessarily categorised as a breach of this right due to parents’ right to consent (Norwegian legislation 1999), but vaccination is likely to be experienced as an unwanted physical intrusion by some children. When vaccinating, there are several potential intrusions to a child’s bodily integrity to consider, including the pain of the injection, the inability of small children to understand the painful injection’s purpose, and the inability of older children (who understand its purpose), to refuse the injection. The existence of such physical intrusions invites the question of whether the benefits of vaccination (both individual and public) can override the child’s right to bodily integrity.
Naturalness
The starting point for the third
argument against mandatory childhood
vaccination is a concern about naturalness.
Some people would argue that infectious
diseases are a natural part
of life (Dube et al. 2013). Vaccines are
thought to interfere with natural events and
are, accordingly, unnatural and should be
avoided. Some vaccine-hesitant
individuals seem to believe that the
vaccine-preventable diseases are only mild
or harmless and that it is preferable for
immunity to develop naturally in response
to a disease rather than from unnaturally
invoked immunisation (Salmon et al.
2005, Dube et al. 2013,).
Moreover, some parents believe that their
children are not susceptible to the
infectious diseases in question, making
the corresponding vaccines seem as
unnatural (unnecessary) to their child as
carrying an EpiPen would be to someone who
is not susceptible to anaphylactic shock (Omer et al.
2009, Williams 2014). With the
exception of a few single cases of
measles, no large outbreaks of
vaccine-preventable diseases in Norway
have occurred since introducing the
voluntary vaccines in the childhood
vaccination programme (NIPH 2018).
Some parents apparently believe that it is
better to act passively and let nature
take its course – to contract the diseases
or not – to avoid the risks associated
with vaccination.6 Indeed, a few of the targeted
communicable diseases in our vaccination
programme may pass uneventfully in
high-income countries (i.e.,
rotavirus-gastroenteritis). However, other
diseases within the protection-programme
may cause more serious complications
(e.g., tuberculosis, measles) (Maldonado
2002, Giubilini 2017). Recall
that WHO estimates that about 1.5 million
further deaths from communicable diseases
could be prevented worldwide through
immunisation (WHO 2019a).
Fatal diseases that are seemingly
eradicated tend to reappear when
immunisation coverage drops. The safest
way to protect against these “natural”
diseases is through vaccine-immunisation (Bustreo 2017). Mistrust
The naturalness argument is
unconvincing. However, a much more pressing
concern is whether introducing mandatory
childhood vaccination in Norway would create
mistrust in our healthcare system. In societies
where individual freedom trumps the interest for
the common good, mandatory vaccination
programmes may be viewed as unnecessary and
spark opposition to the mandate altogether. For
one thing, individual freedom must be weighed
against public benefits (Salmon et al. 2006).
For another, some parents are already exempting
their children from vaccines due to mistrust in
the government (Salmon
et al. 2005, Williams 2014). Thus,
forcing these parents to vaccinate their
children may cause even more mistrust instead of
the intended medical benefits. Liberal democracies like
Norway have a presumption against laws
that either prohibit or mandate specific
actions and practices. The liberal ideal
is that citizens should, as much as
possible, be free to make decisions
concerning their own lives, and the
state should not interfere unnecessarily
in this freedom. Against this
background, we should expect reactions
when laws are introduced that limit the
rights or liberties of citizens to make
decisions concerning their own lives. Fortunately, Norway enjoys
high levels of trust, and it is
reasonable to assume that Norwegian
citizens trust their institutions to
make well-informed and reasonable
decisions about matters concerning their
lives. This belief is based on Norwegian
citizens’ willingness to contribute to a
well-functioning welfare
state, including the healthcare
system. On the other hand, evidence
suggests that Norwegian adults who show
less trust in the Norwegian health
authorities are also less willing to get
vaccinated (Arnesen et al. 2018). What
is more, we know that jurisdictions that
force people to contribute to a public
good are more successful in countries
with significant concern for the
protection of the common good (Salmon et
al. 2006). It is hard to predict the
exact consequences of implementing a
policy of mandatory childhood
vaccination in Norway. We understand
that individuals who fear that mandatory
vaccination will negatively affect
people’s trust in our government and
healthcare system. However, the relevant
question to ask is how likely we will
experience a situation where people
develop mistrust as a result of being
forced to vaccinate their children. This
is an important empirical question that
we cannot address in its full length
here. That being said, when introducing
such a mandated policy, it is important
to think about how the policy is
justified to the wider public. In this
light, it is crucial to emphasise the
fact that mandatory vaccination is a
public good which we all benefit from,
and something to which we all should
contribute. Countering this view, some
people would object that the willingness
to vaccinate children is already high in
a country like Norway. After all, we
currently enjoy herd immunity with
approximately 95 % immunisation coverage
for several of the infectious diseases
in question. Some
scholars have suggested that while
there are compelling reasons for
introducing mandatory childhood
immunisation programmes in other
countries, this is not so for a
country like Norway with its high
immunisation rates (Salmon et al.
2006). Thus, one can argue
that since we do not need to force the
remaining 5 % to achieve sufficient
coverage, introducing mandatory
childhood vaccination in Norway is
misguided and may instead have the
opposite effect of creating mistrust in
the population.7 A sceptic may
add that as long as there is herd
immunity, failure to vaccinate one’s
child will not harm others. We think this objection fails to recognise several essential points. Opting out of vaccinating children incurs no direct harm, but rather increases the risk of harm (independent of herd immunity). Even if herd immunity exists in your area, deciding against vaccination may contribute to the risk of harm to others in at least one of the following ways: First, we may not be sure that the herd immunity applies to the whole area of Norway or just to parts of the country. We know that some communities have significantly lower immunisation coverage than others and that some areas have been below the threshold for herd immunity (NIPH 2019). Second, herd immunity is not a fixed and stable state of affairs, but rather vulnerable to demographic changes. For instance, we know that Norwegians travel a lot, and the herd immunity for a given disease in Norway may not likewise exist in countries visited by Norwegians. In addition, tourists coming to Norway may not be vaccinated. Unvaccinated migrants add to the concern in this regard. Third, we may regard the 5 % above herd immunity as an insurance. A 99 % rate of immunisation coverage is, all things considered, better insurance than 95 % coverage, even if we assume that the threshold for herd immunity for a given disease is 94 %. Fourth, we may grant that our ambition should be to eradicate communicable diseases whenever possible. We have already managed to eradicate smallpox, and the same might be achievable with polio (WHO 2019c). Fifth, individual choices not to vaccinate seldom occur in isolation. One free-riding parent may motivate other parents to do the same. Finally, related to the previous point, one can argue that justice and solidarity require us to vaccinate our children, and people who opt out fail to uphold justice and solidarity.8
Immunisation
coverage We will consider one final objection to mandatory vaccination. Will a shift from voluntary to mandatory childhood vaccination in Norway actually increase the overall immunisation coverage? If not, some may object that we have no good grounds to implement a mandatory program. This objection raises a valid
point, but one we believe it is possible to
counteract. Here it is important to distinguish
between two claims with regard to the
relationship between mandatory vaccination and
immunisation coverage. According to a weak
claim, implementing
mandatory
vaccination is an insurance mechanism against
reduced immunisation coverage. According to a
strong claim, implementing mandatory
vaccination is a means of increasing the
overall immunisation coverage in Norway. The
weak claim is surely plausible. Here the
justificatory basis for introducing mandatory
vaccination is that it will guard against
reduced immunisation coverage. In Norway, the
coverage is quite high, but for reasons
mentioned in the previous section, the
possibility of reduced overall immunisation
coverage in the future poses a danger.
Mandatory vaccination provides insurance
against this scenario. The
strong claim goes one step further to suggest
that introducing mandatory vaccination will
increase the probability of higher immunisation
coverage overall. How plausible is this claim?
According to one EU report, no connection was
found between immunisation coverage in countries
where vaccination is mandatory and in countries
where it is not.9
However, some – or even most – of the countries
that have introduced a mandatory policy have
quite likely done so because they want to
achieve higher immunisation coverage (D’Ancona
et al. 2019). Interestingly, evidence shows that
the introduction of a mandatory childhood
vaccination programme resulted in an increase in
overall immunisation coverage in countries like
Italy, France, and several states in the USA
(Omer et al. 2009, D’Ancona et al. 2019). To our
knowledge, no countries have experienced a
reduction in immunisation coverage as a result
of introducing a mandatory policy.
To summarise, we have
presented five arguments against
introducing a mandatory childhood
vaccination programme in Norway.
We have shown that there are
convincing objections to all five
arguments. We now turn to consider
the arguments in favour of
mandatory vaccination.
The arguments that we will
discuss in favour of mandatory
vaccination are the harm
principle, the
importance of herd immunity, and
the value
of
a
precautionary approach.
The harm
principle
Some opponents to vaccination may
object that the vaccines themselves do not come
without risk of harm. The most common side
effects of injectable vaccines are local
redness, swelling, and pain. In fewer than 10%
of vaccinated individuals, restlessness,
irritability and discomfort may occur (NIPH 2018).
Some vaccines – such as the MMR and the
pneumococcal vaccine – carry a 10% risk of
developing a fever.11
We should, however, compare this
harm (i.e., the side effects) to the alternative
of contracting the disease in question. For
every case of measles worldwide, there is about
a one in twenty chance of developing pneumonia
and a further one in one thousand chance of
developing encephalitis, which can leave the
child deaf or with a severe intellectual
disability (CDC 2019). What is more, one in
three thousand cases of measles results in
death. By comparison, the risk of severe side
effects like encephalitis or severe allergic
reactions from the MMR vaccine is one in a
million. For diphtheria, the risk of a fatal
outcome is as high as one in ten (CDC 2018b).
And for pertussis and tetanus, the mortal risk
is one in two hundred and three in one hundred,
respectively. By contrast, there are no reported
deaths for the diphtheria, tetanus and polio
vaccine (DTP) (Maldonado
2002). Thus, when comparing the
possible side effects of vaccines to the effect
of their correspondent diseases, the benefits
far outweigh the risk (see e.g., Andre et al.
2008).12 Herd immunity
One can
argue that those who fail to contribute to a
public good thereby take unreasonable advantage
of the efforts of those who make their fair
contribution to this good. These people may be
characterised as free riders. Free riders
are people who take advantage of a public
good without contributing to it (Hardin 1968).
The opportunity to free-ride – i.e., choosing
not to vaccinate and still benefiting from herd
immunity – needs to be limited for several
reasons. From a moral point of view, we have
established that herd immunity is a public good,
and anybody taking advantage of it without
contributing is acting unfairly. From a medical
point of view, free-riding increases the risk of
infection in the community and puts the
vulnerable members of the community at a
heightened risk of contracting illnesses (Omer et al. 2009,
Browne 2016). As previously mentioned, herd
immunity is upheld when around 95 % of the
population is immunised (this
percentage-threshold is slightly higher or lower
depending on the disease in question). People
who are sceptical of vaccines will sometimes
make the case that their own child should be
part of the 5 % unvaccinated group. The question
of who can be allowed into the unvaccinated
group is important, and it needs to be discussed
further in connection with the process of
implementing a policy of mandatory childhood
vaccination. On the one hand, there is the
question of whether certain exemptions may be
valid, based for instance on sensitive personal
issues, or religious or personal convictions
that vaccinating is somehow wrong. On the other
hand, such exceptions must be weighed against
the risk of losing herd immunity. However, such
exemptions are likely to do more harm than good
(Phadke et al.
2016, Hussain et al. 2018). A
particular problem with allowing such
free-riding for certain groups lies in the
clustering of these individuals. People with
religious or personal exemptions tend to belong
to the same religious congregations or social
groups. The clustering of unvaccinated children
poses an even higher risk of a disease outbreak,
as well as more severe complications for the
vulnerable groups (Omer et al. 2009,
Lantos, Jackson & Harrison 2012).13 We believe that the most reasonable
costs to consider in discussing a policy of
mandatory childhood vaccination are the risks
involved. For healthy individuals, the risk of
harm is very low. For particular individuals,
such as immunosuppressed children, the risk is
much higher. As a starting point, free-riding
should only be reserved for those who cannot be
vaccinated for medical reasons. Opting out for
any other reason than medical ones should only
rarely be considered if a society is well within
the limits of herd immunity, which is usually
not the case (Hussain
et al. 2018). A
precautionary
strategy
Research and modern technology have
allowed us to reduce morbidity, mortality and
costs connected to vaccines and communicable
disease (Bustreo
2017). The vaccines in the Norwegian
programme have gone through extensive testing to
make them safe and to provide the best results in
protecting against diseases. Moreover, in Norway,
everybody has access to free immunisation and the
administration of vaccines in safe settings (NIPH
2018). Some would argue that vaccines in the
childhood programme should be kept voluntary and
participation boosted through education and
positive incentives. Given that no considerable
outbreaks of preventable diseases in Norwegian
communities have occurred in recent years and that
we currently enjoy herd immunity in most areas,
many people in Norway hold the view that our
current voluntary immunisation programme is good
enough as it is today.
This line of thinking would support
what we could call a wait-and-see strategy,
according to which we should not adopt a policy
of mandatory vaccination in the current
situation marked by herd immunity, but rather
wait until the situation changes for the worse.
The idea behind this strategy would be that
there is no reason to implement a policy that is
currently not needed and which could potentially
have negative effects, such as creating mistrust
in our society.14
Alternatively, we could choose a precautionary
strategy, according to which it is better
to adopt a policy of mandatory vaccination
safely now and avoid a potentially dangerous
situation where we fall below the threshold of
herd immunity. This latter strategy could be
backed up by the knowledge we have of outbreaks
of serious diseases around the world. For
example, measles was close to being eradicated
in the USA in 2000, but there were nearly 700
cases across the USA a few years ago, and 2019
is on track to have the highest number of
measles cases since 2000 (Browne 2015, CDC
2018a, Gostin, Ratzan & Bloom 2019).
In 2018, there were more than 140 000
deaths as a result of measles worldwide; most of
them were children under five years of age
(WHOb). We think a precautionary strategy
should be preferred over a wait-and-see
strategy. First of all, with a voluntary
programme in place, there is no way of
guaranteeing sufficient immunisation coverage to
prevent the spread of communicable diseases
within Norway or across national borders. The
way diseases like measles and other preventable
diseases are spreading in countries where
vaccines are not as accessible provides reasons
in favour of a precautionary strategy in Norway
(Bustreo 2017,
WHO 2019a & d).
Secondly, although
implementing mandatory policies requires
justification in a liberal democracy like
Norway, we believe the risk of harm resulting
from outbreaks of a disease like measles would
be so severe that it should trump the potential
costs of enforcing vaccination. The most
relevant potential cost to consider in this case
is public mistrust in the government and the
health care system. But, as discussed earlier,
although implementing a policy of mandatory
vaccination runs the risk of negatively
affecting the high levels of trust
characteristic of the Norwegian society, there
are also the risks associated with potential
outbreaks of deadly diseases like measles. These
risks need to be balanced against each other. We
believe the risk of mistrust should not be
overstated. As mentioned above, evidence may
suggest that highlighting the collective
benefits of vaccination could increase
immunisation coverage (Arnesen et al. 2018). Thirdly, in discussing a
precautionary strategy, it is crucial to keep in
mind that the reasons parents choose not
to vaccinate change over time and are highly
influenced by social networks. There is no
data showing which methods are effective and
which methods are not (Williams 2014). To
be
clear, if an alternative, less intrusive, and
equally effective method of preventing the harm
of a communicable disease outbreak existed, a
voluntary programme would be desirable over a
mandatory one. But the fact is that one will
almost certainly achieve better protection
against the diseases by making vaccination
mandatory by law than with policies that rely on
persuasion and education alone (Colgrove 2006,
Kata 2010, Betsch 2012, Sinclair et al. 2019,
Smith & Majumder 2019). Summary
We have presented three arguments in favour of a mandatory childhood vaccination programme in Norway, which together provide strong reasons in support of implementing a policy of mandatory childhood vaccination in Norway. Sanctions One important issue needs mentioning before we round off our discussion. This concerns what sanctions should be used against those who do not conform to the law, i.e., individuals who choose not to vaccinate their children. Other countries with mandatory vaccination policies have adopted varied sanctions. For example, in Germany and Italy, parents have to prove that their children have been vaccinated or they will be fined, and unvaccinated children risk being denied access to school (D’Ancona et al. 2019). The question is how Norway should approach sanctions if childhood vaccination becomes mandatory?
For a
start, we should distinguish between sanctions
directed against the children and sanctions
directed against the parents. If children are
denied access to kindergarten or school because
their parents chose not to vaccinate them, then
they suffer doubly: first, they fail to receive
individual immunity, and second, they are cut
off from school. We believe this form of
sanction is problematic and should be avoided.
Since the parents are responsible for
vaccinating their children, they should be
sanctioned for failing to conform to the law,
and not their children. What sanctions can parents of
unvaccinated
children
expect to
receive? We
propose a
step-by-step
system of
sanctions. In
Norway,
vaccination is
administrated
by the public
health care
system. Prior
to school age,
children are
routinely
called in to
receive
vaccines at
the health
station. When
entering
school, they
are routinely
vaccinated
through the
school. We
propose to
continue this
practice if
mandatory
vaccination is
implemented.
Good
information
about the
benefits of
vaccines
should remain
a key element.
However, the
system should
be revised to
make it harder
for parents to
opt out of the
vaccine
programme.
Currently,
there is no
need for
parents to
provide any
justification
for opting
out. With the
revised model,
parents should
be required to
offer reasons
why they
refuse to
vaccinate
their
children, and
only medical
exemptions
will be
accepted. If
other
exemptions are
allowed, such
as religious
ones, then
this again
might
negatively
affect the
immunisation
rates (Salmon
et al. 2006). Having
said
all of this,
it is
important to
emphasise that
we are not
willing to
impose
mandatory
childhood
vaccination at
all costs.
Whether or not
we should
impose
mandatory
childhood
vaccination
depends on the
costs
involved, and
these costs
must be
weighed
against the
benefits. If
the costs
exceed the
benefits in
the form of
distrust in
our health
care system,
which in turn
leads to
falling
immunisation
rates, then
keeping the
programme
voluntary
would be
preferable –
at least until
we have reason
to think that
the situation
has changed.
As we have
tried to show
in this
article,
however, we
are optimistic
that
implementing
mandatory
childhood
vaccination
will not have
the effect of
sowing
distrust.
Concluding Remarks childhood vaccination programme
mandatory is morally justified. We examined five
arguments against mandatory vaccination: the
argument for parental rights, the argument for
bodily integrity, the argument for naturalness,
the argument of mistrust, and the argument of
immunisation coverage. Although these arguments
highlight relevant and crucial concerns –
especially the worry that a mandatory policy
would create mistrust in society – we believe
they do not offer a convincing case against
implementing a policy of mandatory childhood
vaccination in Norway. We then considered three
arguments in favour of implementing a mandatory
vaccination policy: the harm argument, the
argument for herd immunity, and the
precautionary strategy argument. We concluded
that a programme of mandatory childhood
vaccination in Norway is justified because the
potential benefits outweigh the disadvantages. This story
does not end here. Critical issues remain that
deserve further attention before a policy of
mandatory vaccination can be put into place.
Proper information and suitable incentives for
the Norwegian population are vital for a
successful mandatory childhood vaccination
programme in our country. The issue of how to
introduce a mandate is highly sensitive, and
more research is needed to draw firm conclusions
about the connection between voluntary actions,
a mandate and immunisation coverage in Norway.
Moreover, further discussion on how a mandatory
vaccination programme should be implemented is
necessary. An earlier version of this article was presented at Mancept Workshops in Political Theory, University of Manchester and at the Department of Philosophy, University of Bergen in 2015. In 2019, we presented a draft at the Practical Philosophy Workshop, Department of Philosophy, University of Bergen. Thanks to the participants at these venues for their constructive comments and feedback. We would also like to thank Lars Moen and Preben Sørheim for their very helpful written comments on an earlier version of this manuscript. Finally, we thank two anonymous reviewers of this journal for their valuable comments . Acknowledgements Notes 1
In
this
article, the
term parent
refers to
anyone with
legal
authorisation
to make
medical
decisions on
behalf of a
child. 2We
need to make
some critical
clarifications
at the outset.
In this
article, we
discuss
whether it is
morally
justifiable to
make the
Norwegian
childhood
vaccination
programme
mandatory. We
do not discuss
vaccines in
other
programmes.
This programme
consists only
of vaccines
that have gone
through
extensive
testing, and
are the same
as those used
in most
countries
around the
world,
ensuring a
high level of
safety with
regard to the
contents of
the vaccines.
We do not
include the
question of
mandatory
vaccination
for adults.
Moreover, we
will not
discuss any of
the legal or
legitimacy
aspects of a
possible
mandatory
programme, nor
do we consider
the question
of what
incentives are
needed for
such a mandate
to be
enforced.
These matters
involve a
complexity
beyond the
ethical
discussion of
mandatory
vaccination
undertaken
here, placing
a discussion
of such
additional
measures
outside the
scope of this
article (see,
e.g., Paul
& Loer
2019). Insofar
as Norway were
to consider
implementing a
mandatory
childhood
vaccination
programme, it
would involve
mandatory
vaccinations
for the
general
population of
Norwegian
children. This
would only
allow
exemptions in
the
subpopulations
where
vaccination is
contraindicated
in an absolute
sense.
Examples of
absolute
contraindications
for
vaccination
are having a
history of
severe
anaphylactic
reaction to a
vaccine or one
of its
components,
children
having an
impaired
immune
response (live
vaccines) and
BCG
vaccination in
HIV-seropositive
children
(Galazka,
Lauer &
Keja 1984). 3Clarification
of DTP
introduction
to the
vaccination
programme: The
DTP vaccine
has been
available in
Norway and
part of the
Norwegian
childhood
immunisation
programme
since 1952.
The last dose
for
15-year-olds
was introduced
in the school
year of 13–14,
and the
six-valent
vaccine where
the DTP is
given together
with three
other vaccines
in one
injection was
introduced in
2016. 4One
objection to
our line of
reasoning is
that the state
cannot justify
mandatory
vaccination
because there
is a danger
that they are
mistaken about
the risk and
benefit of
such vaccines.
Perhaps
vaccines are
more dangerous
than we think,
or perhaps the
benefit is not
all that
great. Just as
parents may
sometimes be
mistaken about
what is good
for their
children, so
may the state
(represented
by health
personnel) be
mistaken about
how important
and safe
vaccines are.
As pointed out
to us by
Elling
Ulvestad, some
historical
examples
challenge the
assumption
that
“physicians
know best.”
Perhaps
physicians
should be
humble
regarding the
fact that
knowledge
evolves, and
that current
health
interventions
may be proven
wrong in the
future. One
classic
example would
be the
invention of
lobotomy,
which was
honoured with
a Nobel Prize.
Another and
more moderate
example is the
case of
Pandemrix in
Norway in
2009, in which
mass
vaccination
was initiated
against a
disease in
reaction to a
swine flu
epidemic that
most experts
knew was
relatively
harmless. This
mass
vaccination
was performed
with a vaccine
that had not
been tested,
and a certain
controversy
arose in the
aftermath as
to whether
this mass
vaccination
harmed certain
children with
narcolepsy. To
this point, we
believe that
the vaccines
in the
childhood
vaccination
programme are
relevantly
different from
these two
cases. For one
thing, all the
vaccines in
the programme
have been
tested; for
another, the
vaccines in
the programme
have been
widely used in
many countries
and over time.
In a situation
where
reasonable
doubt exists
among
competent
persons (e.g.,
doctors) about
the risks and
benefits
associated
with vaccines,
we contend
that such
reasonable
doubt would
support the
parental right
to have the
final say with
respect to
whether or not
their children
should receive
the vaccines
in question.
Since we are
not in such a
situation of
uncertainty
today, and
strong
evidence
documents the
safety of the
relevant
vaccines,
physicians
recommending
these vaccines
can be
trusted. 5Non-prescription
numbing creams
and band-aids
can be applied
before an
injection.
Also, certain
vaccines can
be given
orally.
Moreover, if
an infant is
breastfeeding
while being
immunised,
they will feel
less pain from
the needle
stick (Mangat
et al. 2018).
Similarly, an
older child
who is
educated and
more prepared
for an
upcoming
unfamiliar
event is
likely to
experience
less fear
(Hsieh et al.
2017). 6There
are, for
instance,
Facebook
groups where
parents seek
contact with
other parents
with children
who have
contracted a
disease, such
as measles, in
the hope that
these children
can infect
their own
children. 8We
return to this
point in our
discussion of
the argument
for herd
immunity.
7The infographic is available in English and German977TAn EU report which examines the relationship between mandating vaccination and coverage states that: “This comparison cannot confirm any relationship between mandatory vaccination and rates of childhood immunisation in the EU/EEA countries”. See Asset Reports (2016). 1077TWe know that certain municipalities in Norway lack herd immunity for several infectious diseases. For instance, the immunisation coverage for measles among sixteen-year-olds is below the threshold for herd immunity (95 % coverage) in 77 Norwegian municipalities (NIPH 2019). 7710T We know that certain municipalities in Norway lack herd immunity for several infectious diseases. For instance, the immunisation coverage for measles among sixteen-year-olds is below the threshold for herd immunity (95 % coverage) in 77 Norwegian municipalities (NIPH 2019).1177TThe common misconception of a link between the MMR vaccine and side effects like autism has been debunked (Taylor et al. 2014)The common misconception of a link between the MMR vaccine and side effects like autism has been debunked (Taylor et al. 2014). 1277TThe
effectiveness
of the most
central
vaccines in
the Norwegian
childhood
vaccination
programme –
like the MMR,
diphtheria,
and pertussis
– is higher
than 99% (Ada
2001). No
vaccine can
achieve 100%
effectiveness,
but
immunisation
through
vaccination is
still the
safest way to
acquire
protection for
those
communicable
diseases that
are included
in the
Norwegian
childhood
vaccination
programme,
compared with
any other
preventive
measure
(Maldonado
2002).
1377TVulnerable
people (those
unable to be
vaccinated)
tend to
experience
more severe
complications
from
communicable
diseases in
the
communities
where the
vaccination
rate is low or
in communities
with clusters
of
unvaccinated
people, than
those who
merely choose
not to be
vaccinated.
See Omer et
al. (2009) and
Lantos,
Jackson and
Harrison
(2012).
1477TFor
an argument
for enhancing
the trust in
vaccination
procedures,
rather than
mandating the
vaccination
programme, see
Ulvestad
(2015).
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