An Accidental Violation: How Required Gardasil Vaccinations for Female Immigrants to the United States Contravene International Law

37 Pages Posted: 4 Jul 2009 Last revised: 28 May 2010

Date Written: July 4, 2009

Abstract

Under current United States law, female immigrants between the ages of 11 to 26 must receive a six-month course of the Gardasil vaccine - one of the most expensive and controversial vaccines on the market to date - prior to becoming permanent residents and, eventually, naturalized citizens. This mandate does not apply to female United States citizens (or to male immigrants or male United States citizens). Moreover, before August 2008, female immigrants would have had to satisfy the same requirements as their male counterparts to obtain a 'Green Card.'

This Article provides an overview of the development and use of the Gardasil vaccine, examines, from an international law perspective, the problems raised by the requirement that all female immigrants between the ages of 11 and 26 who are seeking permanent resident status receive Gardasil vaccinations, and argues that the Gardasil vaccine must be reclassified by the Centers for Disease Control and Prevention ('CDC'), or, more correctly, by the Advisory Committee on Immunization Practices ('ACIP'), so that the vaccine stops being a mandatory part of female immigrants’ process of obtaining permanent residency (and naturalization) status.

Keywords: Gardasil, vaccine, international law, immigration, women

JEL Classification: K10, K30, K33

Suggested Citation

Sheyn, Elizabeth R., An Accidental Violation: How Required Gardasil Vaccinations for Female Immigrants to the United States Contravene International Law (July 4, 2009). Nebraska Law Review, Vol. 88, No. 3, 2010, Available at SSRN: https://ssrn.com/abstract=1429782

Elizabeth R. Sheyn (Contact Author)

affiliation not provided to SSRN ( email )

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