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Haupt arrow newsitems arrow Mandatory Vaccine row from Texas to Strasbourg: Dissidents win v. Establishment in ECHR Law Contest

Mandatory Vaccine row from Texas to Strasbourg: Dissidents win v. Establishment in ECHR Law Contest

Geschrieben von ACM
Friday, 04 May 2018

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*Strasbourg/CoE/Angelo Marcopolo/- In a Case that has Rocked the USA, and may come anew to Press Headlines in Europe in the foreseeable Future, the CoE's Foreign Ministers-Backed 2018 Annual Moot Court contest organized by the European Law Students Association (ELSA) at the ECHR, where Secretary General, former Prime Minister of Norway and NOBEL Peace Committee Top Member, Thorbjorn Jagland, awarded Today in Strasbourg the Prizes to the Winners, the 1st was attributed to the Team which Supported Popular Dissidents' Complaint against a State's attempt to Impose by Force a Controversial Massive Vaccination of Children, on Public Health pretexts, despite Many Families' Opposition, on Moral, Health and Religious grounds.


Among about a Hundred of reported Candidate Teams from various Universities accross Europe, 19 Finalists competed during 3 Days at the CoE in Strasbourg, included Teams, inter alia, not only from France (Grenoble/Alpes), Germany (1.502-founded Martin Luther's Wittenberg University from Saxonny-Anhalt), Greece (Democritos University of Thrace's Comotini City), and Sweden (Orebro University at Central Swedish Lakes), as well as Czech Republic (Mazaryk University at the Constitutional Court's HeadQuarters in Brno), and Romania (Timisoara), but also from the current EU Chair Bulgaria (St. Kliment University from Sofia), and the incoming CoE Chair Croatia (Zagreb University), as well as Albania (Tirana University), even Ukraine (Catholic University at Lviv, steming from a Greek Catholic Theological Academy created on 1928), and Russia (Moscow's Higher School of Economics, Faculty of Law). Added to Turkey, COE Member since the Cold War, (with Ankara's private Bilkent University). But UK made the Largest Participation, with ...6 Universities (Cambridge, Sheffield and Aberdeen in Scotland, as well as City, Queen Mary and King's College of London).

 

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(Russian Team from Moscow at ECHR's entrance)
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However, the Surprize Winner was a Spanish Team (from "IE" Business University at Madrid, as well as at Segovia and Castile/Leon), who Artfully and Actively Pleaded the Cause of Dissident People obliged to Lodge a Complaint at the ECHR against Oppressive Measures taken by a State in order to Impose to their Children (New Born Babies included) Massive Vaccinations that its Government found Necessary for Public Health in general. The Seriously Documented, in Fluent English, but also Spanish Passion, Pleadings of that Team, headed by a Young Lady full of Energy for the Cause that she served, really Deserved the 1st CoE-ELSA Award for that Moot Court competition at ECHR's Grear Chamber.

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Nevertheless, London's Kings College Head representative, George Collecott, usefully accompagnied by an efficient young Lady, succeeded to Save UK's honour, by Winning the 1st Award for an Individual Plaidoyerie, even in the "Hard" position of a Defendant Lawyer pleading for the Respondent State's attempts to Force a Mass Vaccination of Children, even Against their Families' wish, (See Infra).


- CoE's Secretary General, Thornbjorn Jagland, speaking at the Award Ceremony in the ECHR, later Today, noted that the PanEuropean Organisation's Cooperation with ELSA with its 50.000 Members completes, on 2018, a full Decade, and stressed that if the Young Law Students use well their aquired Knowledge to theis subsequent practical activities, and really "Take Human Rights Seriously", then, "Europe's Future will be in You !", as he highlighted in conclusion.

 

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Indeed, the 2018 ECHR-ELSA Case was really "Serious", and far from being purely Imaginary :


In Fact, such kind of Issues have, among others, also rocked one of USA's Biggest and Key States : that of Texas, already as Early as since 2007 - 2011/2016, provoking a Strong Controversy, with Large Involvement among the affected People, which practically Costed to former Governor Perry not only his usual job, but even his Participation to the 2016 US Presidential Elections, where he was due to Compete (at GOP's Primaries) with current US President Don Trump (2017-2021).


Despite having become a Republican (Right) Party Politician after Flip-flopping from a Democrat (Left), Perry was cought in an Exceptionaly "Hot" Dispute between "Fiscal (i.e. Financial) Conservatives" and Social/Cultural Values Conservatives at the Popular Basis, precisely when he made an Unsuccesfull Attempt to Impose by Force a Massive Vaccination to all Young Girls aged just 11 or 12 years, by Claiming that a Controversial New Vaccine (Tested Only 5 Years then) may prevent one of the factors leading to Cervical Cancer of their eventual Children in some cases in the Future.


But Critics (Headed by "Tea Party" Leaders f. Congresswoman Michelle Bachmann and f. US vice-Presidential Candidate + f. Alasca Governor Sarah Palin, as well as Christian "Evangelical" People, etc), strongly Protested, arguying that this Vaccine's alleged Efficiency was still Doubtful, while, on the Contrary, it might have serious Side-Effects (including f.ex. to eventually provoke Mental/Neurological Troubles, etc), was Against several Christians' Beliefs (f.ex. on Sexual conduct of underage and/or unmarried Girls), and Violated Families' Right to Raise their own Children in Freedom, (as an Opt-out clause had been almost Biffed in real Practice).


(Even Recently, Only a Minority of 27% of USA's Girls were Vaccinated, while a Debate on Adverse Effects still continues, including Neurological and/or Immune System Problems, and even several Dozens of Deaths were reported. Reported Numbers are, comparatively, Small, but most Tests are still made by the interested Company).


Corruption allegations were Added in this Issue, (by a Timely Coincidence with CoE's Annual "GRECO" Anti-Corruption Report's Publication, earlier This Week : See ...), considering also Perry's consistent Long-Time pattern of too close and shady Interest Links with some para-Medical Lobbies : F.ex., a stuborn Opposition to Efforts to Help Victims bring to Justice serious Incidents of Mal-Practice by some abusive Doctors ; Financial Backing by the Big Pharma Company which Sold that Expensive (360 $ initially, 525 $ currently) Vaccine, (including 5.000 $ paid in his latest Electoral Campain = 36.000$ during recent years, about 375.000 $ to a National Association that he Chaired, and which reportedly Contributed for almost 4 Millions $ to his Electoral expenses, in Addition to Hiring his former Chief of Staff, who became a Lobbyist for that Company, before preparing a Super PAC's plans to raise 55 Millions $ for Perry's GOP Presidential Candidacy on 2015, etc) ; Veto against Funding a Team of Prosecutors against Corruption, who were also Investigating allegations against a Research Institute for Cancer Prevention in Texas, (Affair for which he was even Indicted by a Court, and risked Prison, until 2016), etc.


Finally, Perry was convinced to Drop that Controversial Mandatory mass-Vaccination, (which had Not yet been Imposed but Only to 2 Other among USA's 50 States, but was Starting, then, to Spread), when even Texas' Assembly Majority Voted a Resolution Against it. But, meanwhile, he had to Drop his Governor job, and Afterwards he Aborted even his US Presidential Candidate plans (Comp. Supra).


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- But, Today, in ECHR's Headquarters in Strasbourg, the Fight was quite "Hot", and, at the Beginning, apparently Uncertain, between the 2 above-mentioned "Finalist" University Teams from Spain and the UK on a Similar Issue, pictured at an Imaginary CoE's Member Country, where the State had Decided to take even Coercitive Measures in order to Oblige all recalcitrant Families to Obey a Controversial Order to Submit even their Youngest Children, already from the Age of New-Born Babies, to a Series of various Vaccines, (Comp. Supra).

________

 
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- Speaking earlier to "Eurofora", the Head of London's Kings College University's team, which played the role of the respondent State's Legal Defenders, (receiving afterwards the No 1 Prize for an Individual Oral Plaidoyerie : Comp. Supra), told us that, in his view, a Main and Crucial Point of Law, was the Fact that "there is No Majority stance among CoE's (47) Member States" about the Mandatory, or not, characted of such Mass-Vaccination Campaigns :


=> Therefore, "ECHR should Accept a Wide Margin of Appreciation for Each State to Decide" what it deems Better suited to the Concrete Situation actually present at its own Territory, in one moment or another, he told us.

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- But the Head of the Spanish IE Madrid University's Team, which played the role of the Dissident People's Complaint Against that State's Oppressive Measures vis a vis those Families which Opposed their Children's forced Vaccination on various Health and mainly Religion grounds, (Comp. Supra), a Serious but Passionate Young Lady, speaking to "Eurofora", prefered to place her Main Legal Argument at a Different Point :


- She had already Admitted, in Reply to Earlier Questions by the Jury, that, indeed, her Initial Legal Analysis about "18 out of 34 States" in Europe currently "Not" Imposing Mandatory mass-Vaccinations as those of the present case, could Not be taken, Definitively, as a Proof of the eventual Existence of a Majority of States Allowing a Free and Crystal-Clear "Opt Out" for justified Dissidents, since CoE's Member States notoriously were 47, but, for Practical Reasons, it had Not been yet Possible to really Know, with Certainty, what was the real Position of the Remaining Countries.


=> - That's why, the Head of the Winner Team (from Spain) had Prefered to Focus much More on Contesting the real Need for that State to Impose such a Mass Vaccination to All its Population of Children, i.e. by Taking Measures of Enforcement against any eventual Dissident Families (Comp. Supra), Despite of the Fact that "there were No Epidemics, and, at any case, the Herd Immunisation Threshhold (theoretically Covering all the Population, even those who were not vaccinated) had been obtained in this case, by the sufficiently Great Number of People already Vaccinated", as she explained to "Eurofora", in Conclusion.


>>> This Key Legal Point, can, Obviously Fit the particular Schema of the Present, 2018 ECHR-ELSA Moot Court Competition, based on an Imaginary Scenario where the Dissident People Opposed to a Massive Vaccination of their Children are, comparatively, a more or less Small "Minority", Mainly Focused on some "Religious" Belief grounds, (i.e. under Article 8 and 9 of the European Convention of Human Rights). But it canNot also Cover those Dissident People who might, eventually, Object, in Addition, Because, also, of a "Hot" Controversy on the alleged Health Issues and/or UnCertainties, (f.ex. on the Importance of possible Side-Effects), which would Risk to Affect their Children if they are Obliged to be Vaccinated even against their Parents' wish. Obviously, Because, in such a case, that Dissident Population might even be the Majority of the concerned Population inside a given Country, (as, f.ex., it's reportedly still the case Nowadays for the above-mentioned "Texas" Affair in the USA : Comp. Supra).


I.e., in other words, to put it in a nutshell, the Legal Fight of Ideas, in the name of Human Rights, about nowadays' Controversies on various eventually Mandatory Mass Vaccinations' Cases, including Reactions among Dissident People and Families, does Not yet seem to have been Clearly settled, with Absolute Certainty, at least at an ECHR case-law level, as it was currently interpreted by this Interesting 2018 CoE- ELSA Moot Court Competition...

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- In fact, Judges have "Always" to "go through the Necessary Process of Taking into Account the Competing Interests, in the Light of Strasbourg's Case-Law", reminded, as a matter of General Principle,  speaking to "Eurofora" on this occasion,  ECHR's Registrar, Roderick Liddell, (who has an Extensive Experience of the PanEuropean Court's work during Decades, after Studying Law at Oxford University and working as Legal Expert, Assistant to ECHR's President, Chief of Press/Communication, Head of Strasbourg Court's General Services, and Elected since December 2015 as Registrar responsible for 600 Legal and Administrative Staff at the ECHR).


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- Concluding the Official Ceremony at ECHR's Headquarters, the current Chairman-in-office of CoE's Highest Political body, that of its Committee of Ministers, Danish Ambassador/Permanent Representative to the CoE, Arnold de Fine Skibsted, after Nostalgically recalling his own, personal "Good Old Times" as "a Law Student" too, (that he exagerated by calling "PreHistoric"), ended on the Most Serious Matter, by repeatedly Stressing the Need, at the core of nowadays Democratic Societies, to ensure not only the Definition, but also "the Implementation of Human Rights" in real practice, which notoriously still is an unfulfilled yet "Mission".

 

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De Fine Skibsted has soon to face, at CoE's forthcoming Foreign Ministers' Summit, on 18 May 2018, at Copenhagen, an Ambitious but also Challenging Draft Plan on how to Advance on ECHR's Reform process, initially Launched as early as since 2010, at an Exceptionally Important, Justice Ministers' Summit at Interlaken, Switzerland, (which drafted a Multi-Annual Plan up to 2019 ; See "Eurofora"s NewsReports from Interlaken at: http://www.eurofora.net/newsflashes/news/interlakenconclusions.html + http://www.eurofora.net/newsflashes/news/boillatngosinterlaken.html, etc), which includes Both States' margin of appreciation, and their Obligation to Implement ECHR's Judgements.


- He would certainly not be contradicted by the President of the Jury for the 2018 European Moot Court competition at ECHR, the Experienced CoE's former Long-Time Director of its Committee of Ministers' Service precisely for the Supervision of ECHR Judgements' Execution by its 47 Member States, (a Key-Issue), Simon Palmer himself, who, Speaking later to "Eurofora", agreed that the real value of a COE's "extensive Memory" on Human Right's issues, is to be used, not simply for the History of the Past, but much More for the sake of Present and Future vital needs in Europe.

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- In this regard, f.ex., in what might, eventually, become, Later-on, an eventual Extension of a probable "BREXIT", Palmer told us that he's Worried about a possible Risk for some in the UK Government to, perhaps, ask also to Leave CoE's PanEuropean Convention on Human Rights, probably pretexting of some more or less Controversial ECHR's Rulings about Condemned Prisoners' Right to Vote even from inside a Jail, and, much more, for its Refusal, in the Past, to accept the Expulsion of some Foreign Criminals, condemned and imprisoned, who have Committed particularly Horrible Crimes, (etc).


It's true that, in a Recent Past, f.ex., even the current British Prime Minister, Theresa May, when she served as f. Home Secretary, (i.e. Interior Minister), had reportedly Criticized some ECHR's Rulings on the above-mentioned Issues, while, at the same time, some used to point to the fact that England, which had got 1st in the World the Historic "Bill of Rights", might, eventually, manage to survive even if it were pushed to get out of COE's Human Rights' Convention, at a moment, or another, in the foreseable Future.  


- But it's also true, that even the Ideological "Father" of BREXIT, Brittish MEP Nigel Farage, President of EU Parliament's "Freedom and Direct Democracy" Group (EFDD), has already expressed to "Eurofora", in Statements made Earlier at the sidelines of an EU Summit in Brussels, that, in fact, he would personally like very much, if he became a Westminster's National MP, to eventually participâte in CoE's activities, (because it's much more about "Cooperation", than for "Integration", as he had pointed out), in the foreseable Future...


=> - At any case, all that is one more Reason, for which I am currently Focusing on Helping Projects such as that of CoE's cooperation with the European Association of Law Students (ELSA, Headquartered in Brussels) on Promoting ECHR's main Principles and case-law, a.o., Told "Eurofora" in Conclusion the 2018 President of ECHR-ELSA Competition Jury, Key Veteran CoE's Senior Officer Simon Palmer, (also Famous inside the PanEuropean Organisation as an Active Musician in its Staff's Band), greeting us with a Friendly Smile.

 

 This year, his Experience was, almost Certainly, a Decisive Factor, inter alia, also for Awarding the Prizes for Best Written Submissions to the teams from Democritus University of Thrace (Greece), the Ukrainian Catholic University, and the University of Grenoble Alpes (France, Bis : Both for the Respondent State and for the Appliquant).

 

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("Democritus"' Team with their Prof. Theodossiou.

Names which roughly Mean : "Chosen by the People", but "Given by God"...)

 

(../..)


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    EU Rapporteur on Enlargment Strategy, maistream German MEP Elmar Brok, speaking to "EuroFora", welcomed the proposal made earlier this week by French President Nicolas Sarkozy for the EU to"start Now Talks with Turkey to create a common Economic and Security area", instead of full Accession, at a period when Ankara looks more and more unfit and/or unwilling to respect EU conditions.

    - "For Europe to have strong Political will, it must stop dilutiing itself in an endless Enlargement. It must have borders...Diversities enrich, on the condition that they don't undermine European Cohesion, and don't weaken EU Unity", Sarkozy stressed.
    
    - "Countries like Turkey share a part of common destiny with Europe, with which they have a vocation to build a Privileged Relation, to be closely associated, but not to become Member of the EU"  : "Noone respects his friends by telling them lies. Noone respects his friends by making them promises that will be never kept", he added.

    That's why "we'd better start, from now, negotiating with Turkey to create a common Economic and Security area", Sarkozy proposed.

Significantly, the French President was repeatedly and largely applauded by EU citizens, 3 times, when he made the Turkey point, (strategically placed between Europe's "Political Will" and its cultural heritage, historically open to mutually enriching dialogue with all the World, but never diluted).

    - "We could propose such a great ambition also to Russia, which must not be percieved as an Adversary of Europe, but as a Partner. Thus, we'd create a wide area, of more than 800 Million inhabitants, sharing the same Security, the same Prosperity", he concluded.

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    Sarkozy's move was anounced at the eve of a Franco-German Top meeting with Chancellor Angie Merkel in Berlin on Sunday, to jointly launch the EU Elections campain, after an EU Summit at nearby Prague, to launch a new kind of relations, called "Eastern Partnership", with neighboring countries such as Urkaine, Belarus, Moldova, Georgia, Armenia, Azerbaidjan, etc, (to which Russia, reportedly, is not - and does not want to be - included).

    As for Ukraine, which has already expressed her wish to join the EU in future, "Kiev will have a special place, and a very important role to play", replied earlier this week in Strasbourg, to an "EuroFora" question EU Chairman in office , Czech vice-Prime Minister Alexander Vodra.

    - "This direction is more Realistic for Turkey than Accession negotiations", reacted immediately EU Parliament's Rapporteur for Enlargment Strategy, mainstream German MEP Elmar Brok, commenting Sarkozy's idea for "EuroFora"

     Particularly "as far as it concerns the respect of EU Rules by both sides", he added, hinting at Turkey's now obvious inability and/or unwillingness to abide with EU Acquis, EU Commitments (fex. on Cyprus, etc), and European Democracy/Human Rights rules. (Comp. infra).

    Brok added that, in his view, a similar proposal might be made also to Ukraine and other neighbouring Countries, regardless if they have, or not, a "European vocation". This would not necessarily mean that there couldn't be any accession prospects at all." for all the countries that might be included in this area, according to Brok.  But it's preferable, particularly for Turkey, "because it's a more Realistic approach than full Membership".

    On this point, Sarkozy's proposal, (which he'll share with German Chancellor Merkel), seems more crystal-clear.

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    - "Turkey does not fullfil EU Criteria, and will never fullfil EU Criteria" on Human Rights, Democracy and Rule of Law. "Some have been lying to Ankara, but we must tell the Truth, and have honest and close relations with her", said meanwhile to "EuroFora" on the same issue also the President of EU Parliament's largest Group of MEPs (ChristianDemocrats/EPP), Joseph Daul.
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"Hot" Debate at EU Parliament reveals CHANGE of mood towards "Suspension" of EU - Tukey talks.
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    Earlier this week, many MEPs, and even some of those who were previously in favor of Turkey's controversial EU bid, strongly criticized the persistance and even aggravation of serious Human Rights violations in the country, that ECHR continues to "unanimously" condemn ":

      - "After winning a big victory in the latest Local Elections, the pro-Kurdish party DTP almost doubled its Elected Mayors from 52 to 98", but afterwards "more than 400 politicians were thrown to Prison and prosecuted" by the Turkish Authorities, denounced on behalf of the ChristianDemocrat/EPP Group, Belgian MEP Frieda Brepoels.

     At the same time, "more than 1.500 Children are closed in Turkish Prisons", she added. "What will the EU Commission do" against these facts ?

- "Turkey appears to be at greater Distance away from Copenhagen Criteria after 4 Years of accession Negotiations, than when they started !", denounced on behalf of the Liberal Group, German MEP Alexander Lambsdorf.    

"On the central issue of Press Freedom, Critical Journalists face obstacles for their accreditation, others are prosecuted, condemned, fined and/or jailed, Media blocked or closed", he denounced.   

 - "EU Made 2 grave Mistakes with Turkey : To start accession negotiations, and to continue them", despite everything, criticized Dutch MEP Bastian Belder, on behalf of the Ind/Dem group.

(../..)

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