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Posted by / 28-Jun-2020 05:34

State mandating gardasil

She reminds the United Nations that history has shown us the results of such overt government intrusion into personal medical rights.

World-wide human rights legislation has been put into place to protect individuals from government intrusion into medical abuse, starting with the Nuremberg Code just after the atrocities of Nazi Germany after World War II.

In the aftermath of Nazi medical atrocities, the world affirmed the Nuremberg Code which stated that the “voluntary consent of the human subject is absolutely essential.” The International Covenant on Civil and Political Rights further enshrined this prohibition against involuntary experimentation in its 1966 text, stating “no one shall be subjected without his free consent to medical or scientific experimentation.” Such a prohibition is now so universally recognized that some courts and scholars have pronounced the right to informed consent in experiments as a matter of customary international law.

In other words, it applies everywhere, whether or not a country has specific laws on its books, as customary norms now prohibit slavery, genocide, torture and piracy.

The participating countries hoped this Declaration, like the Universal Declaration of Human Rights before it, would become a set of guiding principles.

On the issue of consent, the Declaration states that any preventive…medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information.

The State enacting such a restriction bears the burden of proof that the compulsory medical intervention is lawful, strictly necessary and proportionate.Informed consent must be the default position because compulsion, on its face, not only undermines trust, but limits the fundamental rights to life, liberty, bodily integrity, informed consent, privacy and to parental decision making.Many developed countries’ vaccination policies embody this principle of childhood vaccination recommendations, including conference co-sponsors Ukraine, Germany and Japan.When the doctor-patient relationship is based on coercion, trust is a casualty, and doctors then serve the state, and by extension the society, above their individual patients. Following the medical precautionary principle, the default position for vaccination must be recommendations, not compulsion.This is a slippery slope, where civilized medicine has too often derailed in the past. Individuals, for themselves and their minor children, should have the right to accept or refuse these preventive medical interventions based on adequate information and without coercion, such as the threat of loss of economic or educational benefits.

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One of the core purposes of the United Nations, set forth in Article 1 of its Charter, is to achieve international cooperation “in promoting and encouraging respect for human rights and for fundamental freedoms for all.” So the UN and the international community have obligations to respect human rights related to vaccination. That is an important question that deserves scrutiny, as it profoundly affects both individual and global public health.