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Minnesota Journal of Law & Inequality ; 41(1):29, 2023.
Article in English | ProQuest Central | ID: covidwho-2265296

ABSTRACT

Traditionally, the law has created only narrow avenues for children's rights to be recognized and vindicated. The COVID-19 pandemic has changed and reminded adults what it means to be in control, and what rights we should have to live a full, engaged, and productive life. Children in the foster care and juvenile justice systems have such little control, autonomy, and freedom. As it relates to the pandemic, they are at a higher risk of contracting the disease as they are predominately from underrepresented and underserved communities. This Article explores whether COVID-19 might be the turning point for a change in how children's rights to bodily autonomy can be reviewed across areas of constitutional and state law. Ultimately, for novel vaccines, there should be a strong presumption in favor of the child's right to consent to immunizations. Allowing children to engage in such healthcare decisions will make them active participants in a system where things tend to happen to them. It will require a revolution in how the law views these young people, but this Author believes that these children deserve such a revolution.

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