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🛡 Hippocrates oath (-460 // 377): ′′ I will not give anyone poison, if asked, nor take the initiative of such a suggestion.
🛡 Geneva statement for doctors (1948): ′′ I will respect the autonomy and dignity of my patient. I will not use my medical knowledge to infringe human rights and civil liberties, even under force. I will keep absolute respect for human life, from conception.
I will consider my patient's health as my first concern."
🛡 Nuremberg Code (1947): ′′ The consent of the human subject is absolutely essential. The International Covenant on Civil and Political Rights resumed this ban against unintentional experimentation, in its 1966 text, which states:
no one may be subjected without his consent to medical or scientific experiment
🛡 Code of Medical Conduct, Article 36:
Article R4127- 36 of the Public Health Code: ′′ The consent of the person examined or treated must be sought in all cases. When the patient, in a state of expressing his will, refuses the investigation or treatment proposed, the doctor must
respect this refusal after informing the patient of his consequences ′′
🛡 Helsinki Declaration (1996) signed by 45 countries including France:
Article 25: ′′ The participation of persons capable of giving informed consent to medical research must be a voluntary act. No person capable of giving their informed consent can be involved
in a search without giving their free and informed consent ′′
🛡 Oviedo Convention (1997) signed by 29 countries including France):
Article 5: ′′ An intervention in the health field may only be carried out after the data subject has given free and informed consent. This person is given prior adequate information about the purpose and nature
of the intervention, as well as its consequences and risks. The data subject may, at any time, freely withdraw his consent ′′
🛡 Loi Kouchner (March 4, 2002):
Article 111-4: ′′ Every person shall make decisions concerning his health with the healthcare professional and taking into account the information he provides him / her. The doctor must respect the will of the person after informing them of the
consequences of their choices. If the person's willingness to refuse or discontinue treatment puts his or her life at risk, the doctor must do everything to convince him or her to accept the much needed care. No medical or treatment can be practiced without the free and informed
consent of the person and this consent can be withdrawn at any time.
🛡 Salvetti stop (2002): No medical treatment is mandatory in the European Union: ′′ As a non-voluntary medical treatment, mandatory vaccination is an interference with the right to privacy, guaranteed by Article 8 of the European Convention on Human Rights and Fundamental
Freedoms ′′ (Salvetti v Italy-ECHR decision of 9 July 2002; No. 42197/98)
🛡 French Civil Code:
Article 16-1: ′′ Everyone has the right to respect their own bodies. The body is inviolable ′′
🛡 French Civil Code:
Article 16-1: ′′ Everyone has the right to respect their own bodies. The body is inviolable ′′
🛡 Council of Europe resolution 2361 (28 January 2021): advisory opinion: the Assembly urges member states and the European Union:
Article 731: ′′ To ensure that citizens are informed that vaccination is not mandatory and that no one is under
political, social or other pressure to get vaccinated, if he or she does not wish to do so personally ′′
Article 732: ′′ To ensure that no one is discriminated against for not being vaccinated, because of potential health risk or for not wanting to get vaccinated.
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