Biological - SARS-CoV-2 - Mandatory Vaccine Rights

My body, my choice is a feminist slogan used in several countries, most often surrounding issues of bodily autonomy and abortion. Feminists usually defend an individual's right of self determination over their bodies for sexual, marriage and reproductive choices as rights

UNESCO - Universal Declaration on Bioethics and Human Rights

Article 6 – Consent

1. Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information. The consent should, where appropriate, be express and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice.

2. Scientific research should only be carried out with the prior, free, express and informed consent of the person concerned. The information should be adequate, provided in a comprehensible form and should include modalities for withdrawal of consent. Consent may be withdrawn by the person concerned at any time and for any reason without any disadvantage or prejudice. Exceptions to this principle should be made only in accordance with ethical and legal standards adopted by States, consistent with the principles and provisions set out in this Declaration, in particular in Article 27, and international human rights law.

3. In appropriate cases of research carried out on a group of persons or a community, additional agreement of the legal representatives of the group or community concerned may be sought. In no case should a collective community agreement or the consent of a community leader or other authority substitute for an individual’s informed consent.

The Nuremberg Code

1. 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. This latter element requires that, before the acceptance of an affirmative decision by the experimental subject, there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonably to be expected; and the effects upon his health or person, which may possibly come from his participation in the experiment.
The duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs or engages in the experiment. It is a personal duty and responsibility which may not be delegated to another with impunity.

Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that individual liberty is not absolute and is subject to the police power of the state.

State Vaccination Requirements

State laws establish vaccination requirements for school children. These laws often apply not only to children attending public schools but also to those attending private schools and day care facilities. States may also require immunization of healthcare workers and of patients/residents of healthcare facilities.

Legal Authorities for Isolation and Quarantine

Federal Law

The federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution.

Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.

The authority for carrying out these functions on a daily basis has been delegated to the Centers for Disease Control and Prevention (CDC).

Who Is in Charge
The federal government

   Acts to prevent the entry of communicable diseases into the United States. Quarantine and isolation may be used at U.S. ports of entry.
   Is authorized to take measures to prevent the spread of communicable diseases between states.
   May accept state and local assistance in enforcing federal quarantine.
   May assist state and local authorities in preventing the spread of communicable diseases.

State, local, and tribal authorities

   Enforce isolation and quarantine within their borders.

It is possible for federal, state, local, and tribal health authorities to have and use all at the same time separate but coexisting legal quarantine power in certain events. In the event of a conflict, federal law is supreme.

Enforcement

    If a quarantinable disease is suspected or identified, CDC may issue a federal isolation or quarantine order.

    Public health authorities at the federal, state, local, and tribal levels may sometimes seek help from police or other law enforcement officers to enforce a public health order.

    U.S. Customs and Border Protection and U.S. Coast Guard officers are authorized to help enforce federal quarantine orders.

    Breaking a federal quarantine order is punishable by fines and imprisonment.

    Federal law allows the conditional release of persons from quarantine if they comply with medical monitoring and surveillance.

The International Criminal Court Has Accepted Claim of Violating Nuremberg Code by Israeli Govt
March 13, 2021 by canadaman2020

According to an article in Database Italia, the complaint filed last week in the Hague court accusing the Israeli government of violating the Nuremberg Code has been upheld. A decision is now expected.

A complaint was filed at the Hague Tribunal by lawyers Ruth Makhacholovsky and Aryeh Suchowolski last weekend (March 6th or 7th 2021) regarding violations of the Nuremberg Code by the Israeli government and other parties.

We recall that the People of Truth Organization filed a complaint against the Israeli government for conducting illegal experiments on Israeli citizens through the Pfizer vaccination. “The organization includes lawyers, doctors, public activists and the general public, who have chosen to exercise their democratic right not to receive experimental medical treatment (Corona vaccine), and feel they are under great and serious illegal pressure from the Israeli government, parliamentarians and ministers, senior public representatives, mayors, etc. ”

“QUOTE: “…The court in The Hague accepted the complaint for violating the Nuremberg Code of the Israeli government.
Tap News / Weaver
The complaint filed last week in the Hague tribunal for violating the Israeli government’s Nuremberg Code has been accepted. Now waiting for a decision
Ruth Kiryati 27 Adar 5741 | Friday 11 March 2021 | Israel News system

What is an Emergency Use Authorization (EUA)?

An Emergency Use Authorization (EUA) is a mechanism to facilitate the availability and use of medical countermeasures, including vaccines, during public health emergencies, such as the current COVID-19 pandemic. Under an EUA, FDA may allow the use of unapproved medical products, or unapproved uses of approved medical products in an emergency to diagnose, treat, or prevent serious or life-threatening diseases or conditions when certain statutory criteria have been met, including that there are no adequate, approved, and available alternatives. Taking into consideration input from the FDA, manufacturers decide whether and when to submit an EUA request to FDA.

Once submitted, FDA will evaluate an EUA request and determine whether the relevant statutory criteria are met, taking into account the totality of the scientific evidence about the vaccine that is available to FDA.

Electronic Code of Federal Regulations

Title 21 → Chapter I → Subchapter A → Part 50
Title 21: Food and Drugs
PART 50—PROTECTION OF HUMAN SUBJECTS

§50.20   General requirements for informed consent.

Except as provided in §§50.23 and 50.24, no investigator may involve a human being as a subject in research covered by these regulations unless the investigator has obtained the legally effective informed consent of the subject or the subject's legally authorized representative. An investigator shall seek such consent only under circumstances that provide the prospective subject or the representative sufficient opportunity to consider whether or not to participate and that minimize the possibility of coercion or undue influence. The information that is given to the subject or the representative shall be in language understandable to the subject or the representative. No informed consent, whether oral or written, may include any exculpatory language through which the subject or the representative is made to waive or appear to waive any of the subject's legal rights, or releases or appears to release the investigator, the sponsor, the institution, or its agents from liability for negligence.

46 FR 8951, Jan. 27, 1981, as amended at 64 FR 10942, Mar. 8, 1999

Published March 26, 2021 USA Today
Starting Friday, New Yorkers will be able to pull up a code on their cellphone or a printout to prove they've been vaccinated against COVID-19 or recently tested negative for the virus that causes it.

The first-in-the-nation certification, called the Excelsior Pass, will be useful first at large-scale venues like Madison Square Garden. But next week, the pass will be accepted at dozens of event, arts and entertainment venues statewide. It already lets people increase the size of a wedding party, or other catered event.

The app, championed by Gov. Andrew Cuomo to support the recovery of industries most affected by the pandemic, is funded by the state and available free to businesses and anyone with vaccination records or test results in New York.

Overview

Get Back to Your Favorite Businesses and Venues with Digital Proof of Your COVID-19 Vaccination or Negative Test Results

Attend sporting events, arts performances and more! Excelsior Pass supports a safe reopening of New York by providing a free, fast and secure way to present digital proof of COVID-19 vaccination or negative test results. Think of it as a mobile airline boarding pass, but for proving you received a COVID-19 vaccination or negative test.

You can store your Pass digitally on your smartphone with the Excelsior Pass Wallet app, available for free from the Apple App Store and Google Play Store. You can also print your Pass from the Excelsior Pass website and bring it with you.

Businesses and venues can scan and validate your pass to ensure you meet any COVID-19 vaccination or testing requirements for entry. Along with your Pass, you’ll be asked to show a photo ID that shows your name and birth date to verify that the Pass belongs to you. Adults may hold passes for accompanying minors.

Once you and your party enter an establishment, you will still be asked to follow State and CDC guidance regarding social distancing, face coverings and hand hygiene.

Participation in Excelsior Pass is voluntary. New Yorkers can always show alternate proof of vaccination or testing, like another mobile application or paper form, directly at a business or venue.

California County To Launch Digital Vaccine Passport For Your "Peace Of Mind"
by Tyler Durden Wednesday, Apr 14, 2021 - 08:46 AM Authored by Tom Ozimek via the Epoch Times

California’s Orange County plans to launch a pilot program for digital CCP virus vaccine and testing passports, according to health officials.

The vaccine and testing credentialing arrangement will be rolled out sometime in April, Orange County Health Care Agency officials said on Twitter.

   "The Digital Passport enables individuals to participate safely and with peace of mind in activities that involve interactions with other people, including travel, attractions, conferences/meetings, concerts, sports, school and more," officials added.

While details are scant about how the digital vaccine passport would work, the Orange County health agency’s director and health officer, Dr. Clayton Chau, told the O.C. Register that the county’s existing Othena vaccine scheduling app could be modified to include a credentialing feature.

Employers may be liable for ‘any adverse reaction’ from mandated coronavirus shots: OSHA
It’s also possible that employers requiring the injections may be held legally liable for violating federal law.
Mon May 10, 2021 - 7:43 pm EST

WASHINGTON, D.C., May 10, 2021 (LifeSiteNews) — The federal Occupational Safety and Health Administration (OSHA) has put employers on notice that should they attempt to require employees to receive injections of experimental COVID-19 gene-therapy vaccines a resulting adverse reaction will be considered “work-related” for which the employer may be held liable.

OSHA released its new guidance on April 20 under a “Frequently Asked Questions” section of its website having to do with COVID-19 safety compliance . . .

Furthermore, it’s also possible employers requiring these injections may be held legally liable for violating federal law . . .  products approved for emergency use only “are prohibited from being mandated by federal law.” The U.S. Food and Drug Administration’s emergency use authorization (EUA) specifically states that individuals must have the free “option to accept or refuse” these vaccines.

The Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. OSHA will issue an Emergency Temporary Standard (ETS) to implement this requirement. This requirement will impact over 80 million workers in private sector businesses with 100+ employees.

Iowa Gov. Kim Reynolds and Alabama Gov. Kay Ivey have signed bills into law, joining other states that prohibit COVID-19 vaccine passports at the state level.

Ivey signed Senate Bill 267 into law on May 24, while Reynolds signed House File 889 into law on May 20.

. . . Governors from Texas, Idaho, Arizona, South Dakota, Montana, South Carolina, and Wyoming have issued executive orders to ban COVID-19 vaccine passports, while Utah, Arkansas, and North Dakota have passed bills into law to deal with the issue.

COVID Legal USA - Legal assistance and document preparation for self-represented litigants. Fighting Mandatory Vaccines . . .

COVID Legal USA assists you with representing yourself against these harmful vaccine mandates. We are a team of paralegals, researchers and legal writers that help you navigate the complex U.S. judicial system to ensure the fastest, most direct and effective remedy*. Every case and every individual is unique. We listen to your concerns, prepare the necessary documents, and provide instructions for you to articulate your claims and execute your case.

How Americans can resist coronavirus shot mandates – a comprehensive guide
Here is a comprehensive list of resources, including sample exemption letters, for Americans seeking relief from forced coronavirus injections.