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Pagina principale 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

Scritto da 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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One of EuroFora's best inspirators is naturally Pierre Pflimlin :

We had a chance to personally meet the dynamic and experienced former President of both EU Parliament and CoE's Assembly, France's Prime Minister and Strasbourg's Mayor, only at his 90th anniversary, during an Historic speech at the Council of Europe, exceptionally full of people.

But his energetic figure looked more like a youngster of 19 years old, eager to win the Olympic games !..

Visionary, 2P was, from many points of view :

His daughter, Antoinette, Artist-decorator, and Senator Jung, President of a group of friends, confirmed us an Historian's revelation, that Pflimlin had initially the idea to build all European institutions (EU Parliament, Council of Europe, European Court of Human Rights, etc) at the spectacular heights of Oberhausbergen hills, with an eye-catching view of both French Vosges and German Black Forest Mountains, in the midst of a Forest : A real vision to create a brand New European Headquarters with a big ambition !

But, it seems, that "someone in Brussels" found that picture, precisely, too big for his taste, and threw a spanner on the works...

Pflimlin stroke back a Decade ago, at his Historic 1997 farewell speech :

He urged Europeans to find another, more substantial way, to lift Europe to more important Heights in Future :

- "On which basis can we imagine the birth of a great Europe ?", he asked.

"Certainly an Economic basis ! A solid market economy, meeting also the needs of social justice. A Political basis : Europe must become a strong Political Power, able to influence World's changes, naturally for Peace."

"But I believe that the essential foundation of a greater Europe should be of Spiritual nature : .... The great pacific Revolutions were Spiritual Victories" : They expressed "People's main motivation to live in a society with our Values of Liberty, Democracy, respect for Human Dignity".

"Then, the roadmap is ready : Yes, the foundation of the unity for a large Europe is the spiritual heritage, inspired by Christian Humanism and the Humanism of Renaissance, of Enlightenment, from which emerged a Civilisation focused on the Human person".

"Here is the task to be accomplished. It's very difficult".

"The Time approaches when I'll have to pass over the torchlight. God willing, this torch should enlighten the path of those who are going to build, tomorrow, the great Europe, marked by this Spirit".

 

(Extract from the Book "Pierre Pfilmin : Alsacian and European", 2007. Texts by Senator Louis Jung, by the long-time f. Director of Strasbourg's Newspaper DNA, Alain Howiller, and by f. EU Parliament's Press Director, Paul Collowald : See dedications, hand-written by the authors, the day the book for Pflimlin's 100th Aniversary was launched at Strasbourg's Press Club and European Parliamentary Association's headquarters, 13 April 2007).

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