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Inicio 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

Escrito por ACM
04.05.18

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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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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
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CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment

Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :

A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.

"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...

Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.

Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..

Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...

tomllinson

Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.

But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..

Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..

woldsteth

"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.

- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.

- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock

hancock

"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"

curtis

PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.

vries

Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...

Polls

2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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