Access, trust and equity in vaccination: A historical and sociolegal analysis of vaccination laws in Australia

Abstract

A central challenge in vaccination policy, and public health generally, is the tension that arises between the interests of the community and the interests of individuals. Over the previous two centuries, a range of legislative interventions have been used in efforts to improve vaccination rates, with varying degrees of success in navigating that central challenge. Here, we use a historical and sociolegal approach to characterise and evaluate vaccination laws in Australia from 1853 to the present. In doing so, we provide both a descriptive account of how vaccination laws have operated in Australia and a normative argument for what the role of law should be in relation to vaccination. This study highlights that the role of law in creating accessible, trustworthy, and equitable systems for vaccination is more influential in achieving public health goals than coercive approaches.