19th World Congress on Medical

Law, Macei, 9 August, 2012

1
THE PROTECTION OF THE PHYSICAL INTEGRITY AND THE
PRINCIPLE OF INVIOLABILITY OF THE HUMAN BODY
REGARDING COMPULSORY VACCINATIONS
Philippe A. P. M , VanLangendonck, Lawyer, Brussels, Belgium
[email protected]
19th World Congress on Medical
Law, Macei, 9 August, 2012
2
The Belgian law of 22 August 2002
on patients rights
introduced the requirement of prior informed consent to all
medical procedures including vaccination, specifically Art.
8. 1 states that:
"The patient has the right to freely consent to any intervention by the
professional practitioner, provided to the patient with prior
information. This consent is to be explicitly expressed, except in cases
where the professional practitioner, after having sufficiently informed
the patient, can reasonably infer from the latters behaviour his or her
consent to the intervention,"
19th World Congress on Medical
Law, Macei, 9 August, 2012
3
The Belgian law of 22 August 2002
on patients rights
Art. 8. 2 of the same Act, which provides that "the
information provided to the patient for his consent ...
concerning the purpose, nature, the degree of urgency,
duration, frequency, contraindications, side effects and
risks involved in the intervention and relevant to the
patient, follow-up care, possible alternatives and the
financial impact thereof".
19th World Congress on Medical
Law, Macei, 9 August, 2012
4
1.- Each Vaccination is a medical procedure:
In its opinion of 20 January 1996 on the
administration of vaccines, the National Council
of the Belgian Medical Board states that
Vaccination remains a medical procedure (Art. 2
of the Royal Decree of 10 November 1967). Only
the physician is able to prescribe it and to track as
well as treat its side effects.
www.ordomedic.be
19th World Congress on Medical
Law, Macei, 9 August, 2012
5
Definition of the Medical act
In Belgium, the practice of the healing arts includes the
establishment of diagnosis and the administration of
treatment(s), or any act designed to or purporting to be, in
respect of a human being, or a review of health status or
screening for disease and disability, or the diagnosis, the
establishment or implementation of treatment of a medical
condition, physical or mental, real or perceived or
vaccination . Loi 10.08.2001 portant modification de lA.R. n 78
du 10.11.1967 (M.B. 14.11.1967)
Arr. roy. n 78 du 10 novembre 1967, art. 1er, 2, alina 1er, et 7, alina
1er et 2.) (C. Cass. 20 juin 1990, http://www.juridat.be/ )
19th World Congress on Medical
Law, Macei, 9 August, 2012
6
Implications as a Medical act
In principle, any vaccine must be preceded by an examination to verify that the
product to be administered to the child or patient is not dangerous for him or
her, with at least the following group of tests:
- Full Ionogram, urea assays,
- Lipoproteinogram,
- Endocrine balance
- Titration of all antibodies specific to any vaccinations already administered,
- Testing for HIV and the various forms of hepatitis,
- Electrophoresis of serum proteins and immunophoresis, so as to obtain a
global overview of the capacity or incapacity of the patients body to produce
antibodies,
- and , depending on the age of the patient, a comprehensive review of
radiology results.
19th World Congress on Medical
Law, Macei, 9 August, 2012
7
2. - Each vaccination is a medical procedure and
can never be imposed.
If a doctor prescribes an immunization or vaccine without following
the 2002 law on patient rights, he carries individual responsibility for
unlawful activity, with the additional liability of constituting a break in
the chain of information which is spelled out in such detail in the
manufacturer's instructions.

The criminal court of Tournai (Belgium) in its decision of 16 March
2011 upheld that the mandatory polio vaccination as established by the
Royal Decree of 26 October 1966 did not conform to the requirements
of the Law of 22 August 2002, and that by the application of Article
159 of the Constitution, the application of Royal Decree must
consequently be rejected (Appeal trial on 1
st
October 2012)


19th World Congress on Medical
Law, Macei, 9 August, 2012
8
3.- The interdiction of any attack
on physical integrity:
With regard to vaccination, those vaccines which do not offer the
guarantee of absolute efficiency and which contain components
harmful to human health, the minimum proportionality is absent in
comparison to an act of preventive medicine as such or that of a
medical act which is carried out because essential to the survival of the
patient.
Violations of physical integrity are condemned by the European
Convention on Human Rights which prohibits torture (Article 3) and
the International Covenant on Economic Social and Cultural Rights
(Article 12). The notion of harm to physical integrity must be
understood in a broad sense. It covers any mutilation, any injury or
illness caused with or without violence, but its definition extends to a
persons mental integrity.
19th World Congress on Medical
Law, Macei, 9 August, 2012
9
Article 2 of the Oviedo Convention, states: Article 2
Primacy of the human being The interests and welfare of the
human being shall prevail over the sole interest of society or
science.
The administration of obligatory vaccines constitutes a violation of
physical integrity and the administration of toxic substances is
furthermore a violation of the Hippocratic Oath, which requires
compliance with the principle of "Primum non nocere".

The problem of the presence of heavy metals, like other toxic
adjuvants in vaccines is one of the most serious issues of our time in
medical law. The denial of this issue by and the manner in which some
public health authorities continue to blindly vaccinate their
populations, doing all that is possible to maintain a taboo around the
issue of medical contraindications and risks of side effects caused by
vaccines, is scientifically, medically and legally unacceptable and
constitutes a grave violation of the principle of precaution.
19th World Congress on Medical
Law, Macei, 9 August, 2012
10
4.- Respect for therapeutic freedom:
The Belgian Royal Decree No. 78 of 10 November 1967
establishes the respect of therapeutic freedom in
accordance with Article 11 of said Decree, which makes it
illegal to hinder the freedom of choice of therapeutic
means for all practitioners of the healing arts.

It is also forbidden to hinder freedom of choice and use of
therapeutic means available over the counter (food
supplements, nutrients, vitamins, etc.), this in order to
allow individuals to maintain or improve their health.
19th World Congress on Medical
Law, Macei, 9 August, 2012
11
The KIGGS study
A recent German study on infectious diseases, called KIGGS , was conducted
for three years, from May 2003 to May 2006, by the Robert Koch Institute, the
renowned institute at the service of the German Federal Ministry of Health. A
summary of this long study was published in the Journal
Bundesgesundheitsblatt (Vol. 49, No. 10, 2006). The Institute is currently
pursuing the study during a second stage (2009-2012).
"The work of the Koch Institute brought infectious diseases to the fore.
Pneumonia affected 11.07% of vaccinated children whereas only 7.75% of
[non-vaccinated children] were affected; as for ear infections the incidence
was 11% as compared to 2%.
The incidence of infectious disease for children aged 7-17 years, were studied
during the 12 months preceding the survey. It was concluded that the immune
system of unvaccinated operated normally, whereas after vaccination, it goes
mad or crashes."
http://ddata.over-blog.com/xxxyyy/3/27/09/71/dec-2011/Angelika-Kogel--
KIGGS-study.pdf
19th World Congress on Medical
Law, Macei, 9 August, 2012
12
5.- The example of vaccination against cancer of the
cervix and that of the vaccinations
imposed for environments (pre) school or
for certain occupational categories:

Every time a doctor vaccinates a girl (or a child) and that she and her
parents do not receive information on the composition, hazards, side
effects and medical contraindications against vaccines, this doctor is
potentially liable for crimes and offenses in punishable under criminal
law in cases of serious or even lethal side effects due to the vaccine
that has given so "blind", according to their severity, including:
- Inadequate therapeutic acts and the administration of harmful
substances likely to cause death or serious deterioration of health
(sections 421 and 398 to 400 of the Belgian Criminal Code);
- Assault and unintentional injuries resulting in death (sections 418 to
420 of the Belgian Criminal Code);
- Failure to assist a person in danger (Articles 422bis and 422ter of the
Belgian Penal Code).
The responsability of the physician concide
with the respect of his duty:
"The King can do no wrong"
The same situation applies to the vaccination requirements for certain
occupational categories such as health professionals, fire-fighters,
members of law enforcement, military, etc.

On 20 June, 2012, the U.S. media reported the veto by the Republican
Governor of South Carolina, Nikki Haley, who "loudly" opposed a bill
organizing the promotion of and the free administration of HPV
vaccinations in school settings.
http://www.inquisitr.com/259455/nikki-haley-vetoes-child-
vaccination-bill-calls-it-taxpayer-funded-healthcare-mandate/

19th World Congress on Medical
Law, Macei, 9 August, 2012
13
6. - Compulsory vaccinations and abuse of the state
of vulnerability of their "targets":
Protection of physical integrity is an absolute right guaranteed by
Articles 3 and 4 of the European Convention of Human Rights, articles
which are not subject to any form of exception. They aim in particular
to prevent attacks emanating from public authorities towards people in
vulnerable situations.

Working parents who are obliged to place their young children in day
care are vulnerable, as are girls attending schools that would be offered
the vaccine against cancer of the cervix, or workers in certain
professions under the requirement of compulsory vaccinations.
19th World Congress on Medical
Law, Macei, 9 August, 2012
14

A new Belgian law effective February 3, 2012 represses the abuse of
weakness with respect to persons in a vulnerable position.

This law establishes a new Article 442quater in the Belgian Penal Code to
punish mental destabilization of people and abuse of the weak position of
the persons as well as ensuring the legal protection of vulnerable people
against abuse.
This new section provides that those abusers will be punished who take
advantage with the intent to harm the weakness of people to lead them to
an act or omission which adversely affects their integrity or their financial
assets. The authors of such abusive acts, however, must be aware of the
state of weakness of the person(s) they are abusing.
Patients fulfil the conditions of applicability of the Act as long as they are
obliged to commit offenses against physical integrity imposed by
vaccinations containing hazardous products such as heavy metals
(aluminium, mercury, etc.) in order for them to keep their jobs. This is an
utterly unacceptable form of abuse, both for themselves and their children.

19th World Congress on Medical
Law, Macei, 9 August, 2012
15
The importance of the respect for autonomy and will
of the patient
Patients at risk of losing their job if they were no longer
able to benefit from day care services for their young
children, or if they refuse to undergo vaccination
imposed for reasons related to their occupation, are
indeed in a vulnerable position. Mandatory vaccination
creates the risk of individuals losing their jobs. The
legitimate fear of this loss of income is therefore already
an objective ground for vulnerability.

The compulsory vaccination is contrary to respect for
autonomy and the will of the patient or his/her relatives.
19th World Congress on Medical
Law, Macei, 9 August, 2012
16

No doctor should be forced to commit an act which
compromises respect for the will of the patient.


In Germany, following a recent conviction on 27June 2012, of the
circumcision of children for religious reasons, by the District Court of
Cologne, several German associations of doctors ordered the indefinite
postponement of circumcision of children for religious reasons after the
practice was declared illegal.

In this example, the German Society of Surgery has recommended that parents
of Jews and Muslims wait until their child is old enough to decide for himself.
This demonstrates that respect for the will of the patient and the prohibition of
acts contrary to respect for physical integrity should logically be extended to
definitively rule out all mandatory vaccination.

Any mandatory vaccination should be prohibited because it is contrary to
respect for the will and constitutes an abuse of weakness.
19th World Congress on Medical
Law, Macei, 9 August, 2012
17
7. - The prohibition of the use of aluminum and
mercury in vaccines:
from the insufficient implementation of the
precautionary principle in civil procedure to the
necessary penal punishment of crime against
humanity in criminal procedure.

19th World Congress on Medical
Law, Macei, 9 August, 2012
18
The precautionary principle in medical law
The precautionary principle in medical law "expresses the realization that our
powers exceed our knowledge [...]. While prevention is intended to avoid
known risks, precaution tends not to create unknown risks, the precautionary
principle is the wisdom of the scientific and technician which measures
knowledge in the light of his ignorance. "

According to a judgment of the Court of Appeal of Lige May 24, 2004, there
exist for a medical intervention (in this case concerning a surgeon), a
contractual obligation "to use all means to obtain absolute safety, so that
surgery is safe for the patient," being qualified obligation of means and not
results," the knowledge of the physician must [...] be devoted to ensure no
damage can be incurred by the patient (primum non nocere, or first do no
harm).

"The principle primum non nocere extends to damages that have nothing to do
with the early evolution or predictable - without intervention - the health of the
patient."
19th World Congress on Medical
Law, Macei, 9 August, 2012
19
The context of mandatory vaccines with
aluminum compounds and / or mercury,
We are dealing with medical treatment imposed but unsafe for the
patient, including:

1) Efficiency as a medical treatment has not been proven 100%;

2) Heavy metals component vaccines are indisputably toxic;

3) There are alternative medical treatments (vaccines without heavy
metals or other effective without side effects and enhancing
immunity) less toxic since no heavy metals;

19th World Congress on Medical
Law, Macei, 9 August, 2012
20

Creating unknown risk in disregard of the
precautionary principle may be likened to a medical
experiment.

In any case, a doctor who would administer a vaccine containing
toxic substances (for example heavy metals such as aluminum
and mercury) in violation of the precautionary principle, that is
to say, the prohibition to create unknown risks, to make himself
guilty of an act and inadequate therapeutic administration of
harmful substances such as to seriously affect health.
When a medical experiment is imposed against the free consent
of the individual or his parents in the case of a child, it is a
violation of the Nuremberg Code.

19th World Congress on Medical
Law, Macei, 9 August, 2012
21
Belgian Act of June 16, 1993 on the suppression of serious violations of
international humanitarian law
"The willfully causing great suffering or serious injury to body, to
health,

" constitute crimes under international law and are punishable
under the provisions of the Belgian Act of June 16, 1993 on the
suppression of serious violations of international humanitarian law
(amended by the Act of February 10, 1999), in Article 3, 3, 3 and
"without prejudice to the penal provisions applicable to offenses
committed through negligence."

Similarly are crimes under international law: art. 3, 3, "9 acts and
omissions, not legally justified, which may jeopardize the health and
physical or mental integrity of persons protected by the Conventions
on the protection of wounded, sick and shipwrecked including any
medical procedure that would not be justified by the health status of
the disabled or does not conform to the rules of the medical
profession generally recognized; "
19th World Congress on Medical
Law, Macei, 9 August, 2012
22
8. Conclusion:

The freedom of vaccination is the expression of the
therapeutic freedom for both the physician and the
patient.

No medical procedure can be provided without the
prior, free and informed consent of patients or
young person capable of making an informed
decision (whether or not they have reached the legal
majority of 18 years of age), as per the law of 22
August 2002 on patient rights.

19th World Congress on Medical
Law, Macei, 9 August, 2012
23
No patient can thus, against his will, be blindly
placed in a situation of threat to his or her
health or exposed to compulsory vaccination,
in defiance of therapeutic freedom, of free,
prior and informed consent and the absolute
right to respect for physical integrity. In fact,
any reaction to the vaccine should be
understood as an attack on physical integrity.
Alleged protection of the community is strictly
irrelevant in legal terms in this regard.

19th World Congress on Medical
Law, Macei, 9 August, 2012
24
General principles of human rights
in the protection of human health
They are already sanctioned at universal level
and they are expected to have a impact in the
law applicable to immunizations:
The principle of the inviolability of human
dignity ;
The principles of protecting the physical
integrity of the human body, and health
freedom;


19th World Congress on Medical
Law, Macei, 9 August, 2012
25
Ultimately, in order to fully exercise their right to
health, patients who protect themselves through
voluntarily choosing vaccines or other therapeutic
means, within their right to exercise their
therapeutic freedom, accompanied by the
professional expertise of their physicians, respect
the principle which forms the basis itself of
medicine: "primum non nocere" (first do no harm),
whereby they take the least iatrogenic possible
measures toward good health for themselves and/or
their child(ren), to the benefit of the community and
humanity as a whole.

19th World Congress on Medical
Law, Macei, 9 August, 2012
26
Thanks for your attention

Philippe VANLANGENDONCK
Avocat

Rue d'Edimbourg 23

1050 Bruxelles

BELGIQUE

Tel: 32.(0)2.325.95.06 & 32.(0)475.45.32.66 - Fax: 32.(0)10. 61.36.10

[email protected]

19th World Congress on Medical
Law, Macei, 9 August, 2012
27