General Brief on Behalf of Informed Consent
Ralph Fucetola JD
Law Note on Informed Consent and the Geneva Conventions:
Point One: The Legal Basis for Informed Consent
Point Two: Legitimate Government Regulation
Point One: The Bill of Rights’ Speech, Privacy and Association Rights are the Basis for Informed Consent.
Implementing the general law as applied to the protection of human life is mandated, in the instance of vaccination, by the United States Supreme Court, which held that the courts “are not without power…” regarding vaccination in the case of Jacobson vs Commonwealth of Massachusetts.
“Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient’s consent commits an assault for which he is liable in damages.”
The public has a right to know, and the governments on the federal and state levels have an obligation to provide, clear information regarding the Informed Consent, to the end that government approvals, requirements, mandates and recommendations are understood to be subject to the Right of Informed Consent. Intervention by the courts must vindicate this Right.
Promoting FDA-Approved Vaccination Mandates in Violation of Informed Consent.
That Court held that there could be no “state system of healing” p.402 and while “Those who wish to be treated by practitioners of medicine and surgery had the guaranty that such practitioners had been duly examined… those who had faith in treatment by methods not included in the ‘practice of medicine and surgery’ as usually understood, had reserved to them the right to practice their faith and be treated, if they chose, by those who openly and avowedly did not use either surgery or drugs in the treatment of diseases…” p.402.
There is no compelling government interest in controlling people associating together for the improvement of their well-being.
The North Carolina Supreme Court concluded, nearly a century ago in State v Biggs, supra., at p.405:
“Medicine is an experimental, not an exact science. All the law can do is to regulate and safeguard the use of powerful and dangerous remedies, like the knife and drugs, but it cannot forbid dispensing with them. When the Master, who was himself called the Good Physician, was told that other than his followers were casting out devils and curing diseases, he said, ‘Forbid them not.‘” (p.405).
FDA approved drugs, including vaccines, remain in an experimental state, which the FDA calls “Phase 4” of the clinical trials system.
After the horrors of the Second World War, including the murder and abuse of millions with the complicity of the “health care” authorities of various warring parties, the international community developed conventions and declarations to the end that “Never Again!” would – or could – the health system or health professionals be used to harm either individuals or whole populations. Those prohibitions and protections remain binding today.
Among the Post World War II protective codifications were the Universal Declaration of Rights, Geneva Declarationand the Nuremberg Code which state, concerning the rights of all human beings and the obligation for ethical action by health personnel:
“The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, 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.”
“Informed consent is a process for getting permission before conducting a healthcare intervention on a person… In the United Kingdom and countries such as Malaysia and Singapore, informed consent in medical procedures requires proof as to the standard of care to expect as a recognized standard of acceptable professional practice (the Bolam Test), that is, what risks would a medical professional usually disclose in the circumstances (see Loss of right in English law). Arguably, this is “sufficient consent” rather than “informed consent.” … Medicine in the United States, Australia, and Canada take a more patient-centric approach to
“‘informed consent.’ ” Informed consent in these jurisdictions requires doctors to disclose significant risks, as well as risks of particular importance to that patient. This approach combines an objective (the reasonable patient) and subjective (this particular patient) approach.”
Even a “…diminished expectation of privacy does not diminish the… privacy interest in preventing a government agent from piercing the… skin. And though a blood test conducted in a medical setting by trained personnel is less intrusive than other bodily invasions, this Court has never retreated from its recognition that any compelled intrusion into the human body implicates significant, constitutionally protected privacy interests…” (page 15; emphasis added).
If the removal of blood “implicates significant, constitutionally protected privacy interests…” it is fair to assume that other invasive medical techniques including the introduction of vaccine toxins into the body that have been held to be “unavoidably unsafe” will also give rise to such concerns.
“…if it be apparent or can be shown with reasonable certainty that he is not at the time a fit subject of vaccination or that vaccination, by reason of his then condition, would seriously impair his health or probably cause his death.” [Emphasis added.]
In a regime of verbal obfuscation of fundamental Right, only the clear assertion of the Right will prevent degradation of the Right “by a thousand (bureaucratic) cuts…” If McNeely had not engaged in protected speech stating he did not consent, the taking of his blood would probably have been allowed.
on the Constitutionally Protected Right to Informed Consent
We do not pretend to more expertise on the issue than the Court’s own pronouncements.
More recently the Court applied the principle to First Amendment speech rights arising from expressive association issues directly in point here where First Amendment protected religious expressive association is involved. In Speiser v Randall, 357 U.S. 513, 526 (1958)
“In practical operation, therefore, this procedural device must necessarily produce a result the State could not command directly. It can only result in a deterrence of speech which the Constitution makes free.”
And finally, of particular note is the statement in Perry v Sindermann, 408 U.S. 593, 597 (1972):
“…this court has made it clear that even though a person has no ‘right’ to a valuable governmental benefit and even though the government may deny him the benefit for any number of reasons, there are some reasons upon which the government may not rely. It may not deny a benefit to a person on a basis that infringes his constitutionally protected interests – especially, his interest in freedom of speech. For if the government could deny a benefit to a person because of his constitutionally protected speech or associations, his exercise of those freedoms would in effect be penalized and inhibited. This would allow the government to “produce a result which (it) could not command directly.”
Government Agents and those “Acting Under Color of Law” are forbidden by long-standing United States and International Law from coercing vaccination. The 14th Amendment to the US Constitution also guaranteed that the “privileges or immunities” of Federal Citizens could not be invaded by state and local governments.
It was not for no reason that the Founders grouped together in the First Amendment Religious Liberty, Speech, Assembly and Petition Rights. Rather, these stated Rights have been held by the Supreme Court to be, together, “expressive association.”
We consider meaningful Informed Consent to be the sine qua non of humane health care required by International Humanitarian Law. Truly, no free person should be forced to consent to mandated medical interventions.
Ralph Fucetola JD
Attorney at Law in New Jersey
1971 – 2006
PS: I’d like to recommend Mary Holland’s spirited defense of Informed Consent here:
Some updates to this information here:
Downloaded July 8, 2015: http://www.fda.gov/Drugs/ResourcesForYou/Consumers/ucm143531.htm
agreements of 1949, negotiated in the aftermath of the Second World War (1939–45), which updated the terms of the first three treaties (1864, 1906, 1929), and added a fourth. http://en.wikipedia.org/wiki/Geneva_Conventions