Bodily Integrity and Informed Choice in Times of War and Terror

'Medicine has historically been based on paternalism. The Hippocratic physician was obligated to act in the best interests of the patient-as the physician judged those interests'

americanbar.org/groups/crsj/pu…
'American law, on the other hand, is based on...the doctrine of informed consent--better termed informed choice--under which individuals make the ultimate decision about what, if anything, will be done to their bodies.'
'All of the articles in this issue make that central point from a remarkable variety of perspectives.'
It's more than seat belts...
'The question of when the law assumed the dominant role in defining ethical medical practice can be debated, but my nomination is at the "Doctors' Trial" at Nuremberg.'
'the court articulated what has come to be called the Nuremberg Code....The most significant provision is the first of ten: "The voluntary consent of the human subject is absolutely essential...'
'...the person involved should have the legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion"
'and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision...'
'The 1948 Universal Declaration of Human Rights (UDHR) declares bodily integrity central to both human rights and human dignity'
'the International Covenant on Civil & Political Rights, made the link unmistakable by adding an additional sentence to the UDHR's Article 5 in its Article 7: "No one shall be subjected to torture or to...degrading treatment or punishment.'
'In particular, no one shall be subjected without his free consent to medical or scientific experimentation. This is, of course, now a fundamental precept of international human rights law.'
'Moreover, under the treaty, Article 7 is nonderogable, even "in time of public emergency which threatens the life of the nation."'
'In the United States, our courts later adopted and applied the doctrine of informed consent to the therapeutic as well as the research setting, reversing the Hippocratic ethic by placing choice in the hands of patients rather than physicians.'
'Looking at informed consent directly, Stephen F. Hanlon and Robyn S. Shapiro argue persuasively that there is more at stake in human experimentation than physical injury: such experimentation without consent is also an affront to human dignity...'
'and courts should recognize a dignitary harm even in the absence of physical harm when informed consent is not obtained. The Nazis showed us the extreme physicians could go to in the service of the state.'
'Although soldiers may relinquish their right to refuse medical treatment upon enlisting, they retain, as all humans do, their right to refuse to be subjects of human experiments--'
'and so retain their right to refuse experimental or investigational drugs and vaccines, even in wartime. The Nuremberg Code is, after all, a wartime document and made no exceptions for informed consent for either war or the soldiers assigned to fight it.'
'It should go without saying (but, of course, it doesn't) that civilians retain all of their rights to bodily integrity, even during war & times of domestic emergencies, & that under no circumstances should civilians be subjected to forced vaccination'
'or other bodily invasions-even those deemed "necessary" by military, medical, or public health officials. Human rights lawyers should resist current proposals to grant public health officials the power over the bodies of civilians...'
'during a bioterrorist attack or other public emergency. Such proposals are not only destructive of basic human rights, they are counterproductive in that they replace a medical & public health system based on truthful communication & trust'
'with one based on fear and arbitrary power.'

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More from @EmpireinWinter

Jan 17,
Gifted visual communicator, @tomaspueyo makes devastating use of this photo (caution: legit trigger warning). And tho scientists in the UK 'Nudge Unit' have recently expressed regrets wrt exploiting fear, surely many would have found such a photo tempting.
telegraph.co.uk/politics/2022/…
But the smallpox vaccine does actually set up an interesting counterpoint: far more frightening & horrifying disease (to most), with a vaccine agreed to have caused a level of vaccine injuries unacceptable by pre-2019 standards.
This is the context for a pub. in an American Bar Association special issue: Body Rights, Body Ethics soon after it became apparent that
US medical scientists & psychologists
were being enlisted in torture
in the Bush II regime's War on Terrorism:
americanbar.org/groups/crsj/pu…
Read 18 tweets
Jan 17,
Hardly the deep take on minority rights that one might have expected from Brad Fraser, no less.

1st: if 'rights' are your focus, then the appropriate 'out' group to be othering here is not anti-vaxx but anti-mandate.

1/n
2nd: the mainstreamed, relentless smearing of critics of Western neolib vaxx policies conflated under 'anti-vaxxer' renders invisible a range of positions from
on the Left:
@jeremycorbyn's
Paul Kingsnorth's
paulkingsnorth.substack.com/p/the-vaccine-…
Charles Eisenstein's
charleseisenstein.substack.com/p/mob-morality…
To vaccinologists, including those who have been jabbed, who've spent a lifetime researching & developing vaccines, now smeared as anti-vaxx:
@GVDBossche voiceforscienceandsolidarity.org/authors/geert-…
Dr. Robert Malone
rwmalonemd.com
& here in BC:
Dr. Steven Pelech
neurology.med.ubc.ca/faculty-listin…
Read 6 tweets
Jan 16,
Informed consent:
'A Canadian father who has not been vaccinated against Covid has temporarily lost the right to see his ...child.
A judge ruled his visits would not be in the child's "best interest"'
bbc.com/news/world-us-…
'The judgement is the first depriving a parent of access rights on immunisation grounds' though the child is double-vaccinated & though even if vaccinated the father could still contract & transmit the virus to his child.
ledevoir.com/societe/659685…
The father had declared his willingness to respect all other public-health requirements, including avoiding leaving his residence for all non-essential excursions. He did not provide reasons for his reservations regarding vaccines.
Read 6 tweets
Jan 16,
On withholding treatment from unvaxxed:
"It is the privilege of the medical doctor to practice medicine in the service of humanity, to preserve and restore bodily and mental health without distinction as to persons'

- World Medical Association, Declaration of Tokyo (Oct. 1975)'
From American Bar Assn Human Rights Mag., Vol. 30 Issue 2, dedicated to Body Rights and Body Ethics.
americanbar.org/groups/crsj/pu…
'World War II accelerated the codification of international human rights principles, including...the principle of informed consent....In particular, no one shall be subjected without his free consent to medical or scientific experimentation.'
Read 7 tweets
Jan 14,
'Jimmy Kimmel Live, fast becoming Leonid Brezhnev’s never-realized dream of a Soviet Tonight Show, just put out a high-effort gag called “Anti-Vax Barbie.” It’s impressively on-message'

@mtaibbi taibbi.substack.com/p/vaccine-aris…
'The spectacle of posh celebs sneering at hicks who won’t take the jab has been compelling theater for a while now, especially since the smartypants act has often come packaged in outrageous errors.'
'LA Times columnist Michael Hiltzik ran a piece....“Mocking anti-vaxxers'...deaths is ghoulish, yes — but may be necessary”....he makes a whole range of arguments about why mockery may be “necessary,” but never gets around to saying that laughing at dead anti-vaxxers is...funny.'
Read 4 tweets
Jan 14,
Dr. Robert Malone's physician's license to practice medicine is suspended; she is ordered to submit to submit to a psychological evaluation for C19 misinformation (& prescribing ivermectin & HCQ for C19).
ellsworthamerican.com/maine-news/hea…
Clearly you have to be crazy to say things like (among the charges of misinformation):
'“the vaccines don’t work very well, so there are loads of people who are getting infected who’ve been vaccinated almost at the same rate as the vaccinated”'
Recent data from Iceland, from the main national paper, English translation on article author's website:

'double-vaccinated people are now 90% more likely to get infected than the unvaccinated.'
thorsteinnsiglaugsson.wordpress.com/2022/01/09/doe…
Read 4 tweets

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