Implied Consent Fact Check Checkup

Is the fact check true or false. You decide.

12/7/2021

Let’s start with what is implied consent? This term is a legal term that says that you consent to certain things that you have not actually consented. We need to give consent to searches according to the fourth amendment of the Constitution. Governments like to say you consented without consenting. The most common use of implied consent would be to sobriety tests. According to this law, by driving a vehicle you have agreed to submit to chemical tests of your breath, blood, or urine to determine alcohol or drug content, if asked to do so by a law enforcement officer. That is, you have already answered "yes" to allow a chemical test of your BAC if requested by a law enforcement officer. See what they did. They got your consent without your consent.

This term was used by the World Health Organization (WHO) in 2014 in regard to vaccines. The WHO stated that sending your kids to school on a vaccination day was enough parental consent to vaccinate that child. From the WHO document “An implied consent process by which parents are informed of imminent vaccination through social mobilization and communication, sometimes including letters directly addressed to the parents. Subsequently, the physical presence of the child or adolescent, with or without an accompanying parent at the vaccination session, is considered to imply consent. This practice is based on the opt-out principle and parents who do not consent to vaccination are expected implicitly to take steps to ensure that their child or adolescent does not participate in the vaccination session. This may include not letting the child or adolescent attend school on a vaccination day, if vaccine delivery occurs through schools.”.

This was brought up the news organization run by Alex Jones (a man that is known to be a little crazy) called Infowars about a month ago. This was of course fact checked as false. PolitiFact agrees that the WHO does have this guidance, but it would never be used for childhood vaccine consent in the USA and the document was somehow taken out of context.

I understand this document does not apply to US laws, but there is precedent in the US for implied consent. This Inforwars story ran just over a month ago and the fact check said that children would never be vaccinated without parental consent in the US.

Fast forward just one month and at least two children have been vaccinated against Covid without parental consent so far in California. Several more in Louisiana. Parent in DC are suing because a law was passed that allows children to be vaccinated without parental consent.

The LAUSD said that parents may have changed there mind after giving consent according to the news report. This would have be easy to determine if they just got it in writing. Written consent is much better than implied, verbal, or over the phone verbal for a medical procedure and should be required.

Here is an overview of vaccine consent laws in the US.

Summary: If you are worried about your children getting the vaccine, do not send them to school on any mobile vaccination day just to be safe. If there was a school field trip would the school take your child without a written permission slip? Would the school say “well you sent him to school on field trip day”. No way they would. So why would they perform a medical procedure without your permission. Fact check says they wouldn’t, however, it has been done already several times. Sounds like the fact check should be changed to at least partly true.