Fundamental health law Essay Example | Topics and Well Written Essays - 500 words

Fundamental health law - Essay Example Mr. Russell wants to go ahead and sue the state that giving him the vaccine against his will is a complete violation of his personal autonomy under the 14th amendment of the constitution of the United States. Mr. Russell has a valid argument in his wish to file for a case against the state, despite the fact that the U.S constitution does not have any direct rights to privacy, however one is entitled to a right of privacy under the personal autonomy, an individual is allowed to choose whether to take part in precise activities, or subject themselves to particular acts. This precise personal autonomy is a liberty that is safeguarded by the due process clause of the 14th amendment; this liberty is defined in a general and narrow way whereby one is entitled to the rights of privacy in the family, child rearing ad other social activities. With this in mind, it is legal for Mr. Russell to refuse to be vaccinated. A good references case to why Mr. Russell have a viable argument in court the Jacobson v. Massachusetts in 1905 at the United States .Supreme Court. The implication of the Jacobson v. Massachusetts in relation to the one of Mr. Russell’s vs. the State is the rights to pressure citizens in circumstances that are not applicable. The case at hand was whether the state had the right to force Mr. Jacobson to receive a vaccination. This is after a law had been passed in the Massachusetts sin the year 1902 that required all people who had not received any vaccination for the last five years to receive one, failure to that would result to a fine. Jacobson declined to this order and the fine as well and filed for a case against the state, his argument was the state invaded on his personal autonomy. The Supreme Court in Massachusetts ruled in favor of the state, this was because despite the legal personal autonomy rights that an individual