INTERNATIONAL LAW & HUMAN RIGHTS
PUBLIC NOTICE (MARCH 17, 2021):
I. INTERNATIONAL LAW FORBIDS MANDATING AN EXPERIMENTAL VACCINE OR GENETIC THERAPY.
II. COVID 19 VACCINES AND/OR GENETIC THERAPIES, ADMINISTERED PURSUANT TO AN EMERGENCY USE AUTHORIZATION (USA),EMERGENCY USE LISTING (WHO) OR A CONDITIONAL MARKETING AUTHORIZATION (EU), ARE EXPERIMENTAL.
III. IT IS A BASIC HUMAN RIGHT NOT TO BE EXPERIMENTED ON WITHOUT CONSENT, AND THIS RIGHT IS NON DEROGABLE.
IV. "NON DEROGABLE" MEANS THAT NO MATTER WHAT THE REASON, NO MATTER WHAT THE EMERGENCY, ANY PUBLIC OR PRIVATE PERSON WHO FORCIBLY ADMINISTERS OR EXERTS UNDUE PRESSURE ON ANY INDIVIDUAL TO ACCEPT AN EXPERIMENTAL VACCINE OR GENETIC THERAPY SHALL BE SUBJECT TO PROSECUTION UNDER INTERNATIONAL LAW.
V. THE FOLLOWING INTERNATIONAL LAWS, WITH RESPECT TO NON-CONSENSUAL VACCINATIONS AND GENETIC THERAPIES ARE APPLICABLE AND IN FORCE.
International Covenant on Civil and Political Rights (ICCPR)
Office of the High Commissioner for Human Rights
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976, in accordance with Article 49
The States Parties to the present Covenant...in accordance with the principles proclaimed in the Charter of the United Nations...the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world...Recognizing that these rights derive from the inherent dignity of the human person...in accordance with the Universal Declaration of Human Rights...
Agree upon the following articles:
1 . In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
2. No derogation from Article 7 may be made under this provision .
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
1. Any propaganda for war shall be prohibited by law
CCPR General Comment No. 20: Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment)
Adopted at the Forty-fourth Session of the Human Rights Committee, on 10 March 1992
2. The aim of the provisions of article 7 of the International Covenant on Civil and Political Rights is to protect both the dignity and the physical and mental integrity of the individual. It is the duty of the State party to afford everyone protection through legislative and other measures as may be necessary against the acts prohibited by article 7, whether inflicted by people acting in their official capacity, outside their official capacity or in a private capacity.
3. The text of article 7 allows of no limitation. The Committee also reaffirms that, even in situations of public emergency such as those referred to in article 4 of the Covenant, no derogation from the provision of article 7 is allowed and its provisions must remain in force. The Committee likewise observes that no justification or extenuating circumstances may be invoked to excuse a violation of article 7 for any reasons, including those based on an order from a superior officer or public authority.
4. The Covenant does not contain any definition of the concepts covered by article 7, nor does the Committee consider it necessary to draw up a list of prohibited acts or to establish sharp distinctions between the different kinds of punishment or treatment; the distinctions depend on the nature, purpose and severity of the treatment applied.
5. The prohibition in article 7 relates not only to acts that cause physical pain but also to acts that cause mental suffering to the victim... It is appropriate to emphasize in this regard that article 7 protects, in particular, children, pupils and patients in teaching and medical institutions.
6. The Committee notes that prolonged solitary confinement of the detained or imprisoned person may amount to acts prohibited by article 7.
7. Article 7 expressly prohibits medical or scientific experimentation without the free consent of the person concerned. The Committee notes that the reports of States parties generally contain little information on this point. More attention should be given to the need and means to ensure observance of this provision. The Committee also observes that special protection in regard to such experiments is necessary in the case of persons not capable of giving valid consent, and in particular those under any form of detention or imprisonment. Such persons should not be subjected to any medical or scientific experimentation that may be detrimental to their health.
8. The Committee notes that it is not sufficient for the implementation of article 7 to prohibit such treatment or punishment or to make it a crime. States parties should inform the Committee of the legislative, administrative, judicial and other measures they take to prevent and punish acts of torture and cruel, inhuman and degrading treatment in any territory under their jurisdiction.
10. The Committee should be informed how States parties disseminate, to the population at large, relevant information concerning the ban on torture and the treatment prohibited by article 7. Enforcement personnel, medical personnel, police officers and any other persons involved in the custody or treatment of any individual subjected to any form of arrest, detention or imprisonment must receive appropriate instruction and training. States parties should inform the Committee of the instruction and training given and the way in which the prohibition of article 7 forms an integral part of the operational rules and ethical standards to be followed by such persons.
11. In addition to describing steps to provide the general protection against acts prohibited under article 7 to which anyone is entitled, the State party should provide detailed information on safeguards for the special protection of particularly vulnerable persons. It should be noted that keeping under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment is an effective means of preventing cases of torture and ill-treatment.
13. Those who violate article 7, whether by encouraging, ordering, tolerating or perpetrating prohibited acts, must be held responsible. Consequently, those who have refused to obey orders must not be punished or subjected to any adverse treatment.
14. Article 7 should be read in conjunction with article 2, paragraph 3, of the Covenant. In their reports, States parties should indicate how their legal system effectively guarantees the immediate termination of all the acts prohibited by article 7 as well as appropriate redress. The right to lodge complaints against maltreatment prohibited by article 7 must be recognized in the domestic law. Complaints must be investigated promptly and impartially by competent authorities so as to make the remedy effective. The reports of States parties should provide specific information on the remedies available to victims of maltreatment and the procedure that complainants must follow, and statistics on the number of complaints and how they have been dealt with.
Template for Communication with Governments in Violation of ICCPR PART III, ARTICLE 7
This template references the AstraZeneca vaccine, but all Covid Vaccines, whether formulated as viral vectors (Astrazeneca and J&J) or non-viral vectors ( Moderna and Pfizer) are experimental unapproved therapies. As an example, the AstraZeneca clinical trials will not complete until 2024.
The Non Derogable Right to Refuse Non- Consensual Medical Treatment without Prejudice
Pursuant to the International Covenant on Economic, Social and Cultural Rights (ICESCR)*, General Comment No 14 (2000) Paragraph 8† every Human Being has the right to be free from torture and non-consensual medical treatment and experimentation.
Pursuant to the International Covenant on Civil and Political Rights (ICCPR), Part III, Art 7 ‡ 1973-01-05, no one shall be subjected without his free consent to medical or scientific experimentation.
Given the AstraZenaca COVID 19 vaccine manufactured by AstraZeneca and COVISHIELD (Serum Institute of India (SII)) has only been granted an Emergency Use Listing (EUL) by the World Health Organization (WHO) and a Conditional Marketing Authorization § by the EMA, its administration is experimental. Therefore, ICCPR Part III, Art 7 is in effect.
Additionally, per ICCPR Part III, Art 4(2) ‡, Art 7 is non-derogable therefore its infringement is not justified under any circumstances.
See CCPR General Comment No. 20: Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment) which states that even in situations of public emergency, ICCPR Part III, Art 7 allows for no limitation.
International Covenant on Economic, Social and Cultural Rights (ICESCR) *
Adopted by UN General Assembly Dec 16, 1966
Right to health
1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
U.N. CESCR General Comment No. 14 (2000) †
The Right to the Highest Attainable Standard of Health (Art. 12)
Adopted at the Twenty-second Session of the Committee on Economic, Social and Cultural Rights, on 11 August 2000 (Contained in Document E/C.12/2000/4)
The United Nations' Committee on Economic, Social and Cultural Rights issued General Comment No. 14 (see #8), which addresses "substantive issues arising in the implementation of the International Covenant on Economic, Social and Cultural Rights" with respect to Article 12 and "the right to the highest attainable standard of health."
8. The right to health is not to be understood as a right to be healthy. The right to health contains both freedoms and entitlements. The freedoms include the right to control one’s health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation.
International Covenant on Civil and Political Rights (ICCPR) ‡
Adopted and opened for signature, ratification and accession by General Assembly, Resolution 2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article 49
PART III, Article 7
"No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation."
It is the duty of the State party to afford everyone protection through legislative and other measures as may be necessary against the acts prohibited by article 7, whether inflicted by people acting in their official capacity, outside their official capacity or in a private capacity.
1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
2. No derogation from Article 7 may be made under this provision.
AstraZeneca (as are all Covid "vaccines") is an experimental drug still in clinical trials .
§ COVID-19 Vaccine AstraZeneca Product Information as approved by the CHMP on 29 January 2021, pending endorsement by the European Commission.
Conditional Marketing Authorization (CMA) is used as a fast-track authorization to speed up approval during public health emergencies. CMA's are issued on less comprehensive data than normally required. [The following language is directly quoted from AstraZeneca’s Product Information]
This medicinal product has been authorised under a so-called ‘conditional approval’ scheme. This means that further evidence on this medicinal product is awaited.
This medicinal product is subject to additional monitoring:
-The duration of protection afforded by the vaccine is unknown as it is still being determined by ongoing clinical trials
-Currently available clinical trial data do not allow an estimate of vaccine efficacy in subjects over 55 years of age
-Neither genotoxicity nor carcinogenicity studies were performed
-Animal studies of potential toxicity to reproduction and development have not yet been completed.
E. SPECIFIC OBLIGATION TO COMPLETE POST-AUTHORISATION MEASURES FOR THE CONDITIONAL MARKETING AUTHORISATION
In order to confirm the efficacy and safety of COVID-19 Vaccine AstraZeneca, the MAH should provide the primary analysis and final analysis from the pooled pivotal studies.....May 2022
In order to confirm the efficacy and safety of COVID-19 Vaccine AstraZeneca in the elderly and subjects with underlying disease, the MAH should submit the overview and summaries of the primary analysis and final clinical study report for study......March 2024
The Nuremberg Code
"Permissible Medical Experiments"
The voluntary consent of the human subject is absolutely essential.
3.The experiment should be so designed and based on the results of animal experimentation and a knowledge of the natural history of the disease or other problem under study that the anticipated results will justify the performance of the experiment.
9. During the course of the experiment the human subject should be at liberty to bring the experiment to an end if he has reached the physical or mental state where continuation of the experiment seems to him to be impossible.
10. During the course of the experiment the scientist in charge must be prepared to terminate the experiment at any stage, if he has probable cause to believe, in the exercise of the good faith, superior skill and careful judgment required of him that a continuation of the experiment is likely to result in injury, disability, or death to the experimental subject.
The Nuremberg Code is considered to be the most important document in the history of clinical research ethics, which had a massive influence on global human rights. The Nuremberg Code and the related Declaration of Helsinki are the basis for the Code of Federal Regulations Title 45 Part 46, which are the regulations issued by the United States Department of Health and Human Services for the ethical treatment of human subjects, and are used in Institutional Review Boards (IRBs). In addition, the idea of informed consent has been universally accepted and now constitutes Article 7 of the United Nations' International Covenant on Civil and Political Rights. It also served as the basis for International Ethical Guidelines for Biomedical Research Involving Human Subjectsproposed by the World Health Organization.