Legal Information About How to Refuse Vaccine Mandates, etc.
Below is a helpful guide for anyone in the common law nations (UK, US, Canada, NZ, Australia, etc) concerned about unlawful impositions of COVID19 government mandates on vaccines, masks, exemptions, etc.
Vaccines in UK are not mandatory. There is an exemption on evidence of medical reasons and the Supreme Court recognises at common law that denial of free and informed consent is a self certified medical reason. See Montgomery v Lanarkshire [2015] UKSC 11 https://www.supremecourt.uk/cases/docs/uksc-2013-0136-judgment.pdf …In R Wilkinson v Broadmoor : [2001] EWCA Civ 1545
In that case Lady Justice Hale, Supreme Court President, confirmed that forced medical procedure without informed consent “may be sued in the ordinary way for the (common law) tort of battery”. https://www.bailii.org/ew/cases/EWCA/Civ/2001/1545.html …In the judgement it was held that acting under statutory authority provides no defence, therefore the Employer will be guilty of coercion on the threat of battery with regards to unlawful dismissal if express evidence of denial of informed consent are unlawfully rejected.This will result in a breach of contract and also a Tort that can be sued.
The above is why mask “mandate” exemptions were self certified.
It is unlawful for Doctors to interfere with the process of free and informed consent. Informed consent is defined in Montgomery as follows:
- That the patient is given sufficient information – to allow individuals to make choices that will affect their health and well being on proper information.
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Sufficient information means informing the patient of the availability of other treatments (and forms of testing).
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That the patient is informed of the material risks of taking the medical intervention and the material risks of declining it.If consent is given but the Patient subsequently proves that information provided at the time breached the above common law test of informed consent, the Tort of battery is committed and the medication is unlawful.
The High Court has found children incapable of providing Gillick Competency for experimental medicines with unknown long term effects. Schools therefore risk being sued for battery if ignoring Parental preferences.
See Bell v Tavistock [2020] EWHC 3274 https://www.judiciary.uk/wp-content/uploads/2020/12/Bell-v-Tavistock-Judgment.pdf …
These principles are discussed without reference to case law on this important NHS page on Free and Informed Consent and Gillick Competency. See:
https://www.nhs.uk/conditions/consent-to-treatment/ …
The fundamental common law right to free and informed consent, based on the ancient Tort of battery (tresspass to the person), are valid in all 16 Commonwealth Realms and both the Republic of Ireland and USA, where English common law is retained as a body of law.
In Ireland, evidence that English common law rights are retained can be found in the Statute Revision Act (2007) which retained Magna Carta and most of the English Bill of Rights (1688) and much, much more. http://www.irishstatutebook.ie/eli/2007/act/28/enacted/en/html …
In USA, English common law rights are retained by the 9th Amendment of the Constitution
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”, hence why US courts refer to them. https://constitution.congress.gov/constitution/amendment-
9/ …Law that provides rights sit above normal laws in English law and provide lawful excuse to statutory obligations with this acknowledged by courts. see Art.29 Magna Carta (1297), which states: “we will not deny or defer to any man either Justice or Right.” https://www.legislation.gov.uk/aep/Edw1cc1929/25/9/section/XXIX …
Another case to read is Burton Hospitals NHS Foundation Trust [2017] EWCA Civ 62 regarding Doctor’s obligation to provide information to inform consent. https://www.bailii.org/ew/cases/EWCA/Civ/2017/62.html …
Happy for Solicitors to DM and work with me or folk who want to work on template letters to send out.For those not familiar with our organisation, here are the articles we have written on Covid. See: https://www.westonaprice.org/coronavirus/
Covid passports also recognise self certified free and informed consent.
“If you have a medical reason which means you cannot be vaccinated or tested, you may be asked to self-declare this medical exemption.” https://www.gov.uk/guidance/nhs-covid-pass …
Also see Art.IV Acts of Union (1706-7):
“That all the Subjects of the UK of GB shall from & after the Union have full freedom & Intercourse of Trade & Navigation to & from any port or place within the said UK & the Dominions” https://www.legislation.gov.uk/aep/Ann/6/11/part/4 …
For our friends in New Zealand, you also have these common law rights, but additionally, Art.11 of your 1990 Bill of Rights states
:”Everyone has the right to refuse to undergo any medical treatment.” https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html …🚨
Covid Pass Exemptions🚨
“customers may declare a medical exemption directly with you. You & your staff SHOULD NOT ask for evidence of the exemption.”You must “comply with all the relevant legal obligations, Equalities Act & Guidance (+ Informed consent) https://www.nhsx.nhs.uk/covid-19-response/using-the-nhs-covid-pass/#exemptions …People have asked for this to be put into simple English. UK law basically states, your body, your choice.
These various legal authorities and government guidance provide fancy ways of stating what we know to be true, that we are free to choose what we put in our bodies.
To support our work in the UK and access our video library of previous natural health conferences, visit our website, where you can subscribe for £2 a month.
We also have plenty of free videos for those not familiar with our unique approach to health : https://westonaprice.london Seasonal illness is caused primarily by Vitamin D deficiency, not contagion.
It is caused by low fat diets & industrial, sun deplete farming (Vitamin D is fat soluble) & statin induced cholesterol deficiency because Vitamin D is produced from cholesterol. https://www.westonaprice.org/health-topics/abcs-of-nutrition/from-seafood-to-sunshine-a-new-understanding-of-vitamin-d-safety/#food …
Put medical preferences on your last will and testament citing SS v Richmond [2021] EWCOP 31.Informed consent is has an early authority in USA that does not seem to have been overturned.Cardozo J in Schloendorff v Society of New York Hospital 105 NE 92 (NY, 1914)
See:https://en.wikipedia.org/wiki/Schloendorff_v._Society_of_New_York_Hospital …
Justice Benjamin Cardozo wrote in the Court’s opinion as follows:”Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient’s consent commits an assault for which he is liable in damages.
This is true except in cases of emergency,,,,,where the patient is unconscious and where it is necessary to operate before consent can be obtained.”The court found the charitable hospital had immunity, that the litigant should have sued the surgeon to obtain relief, but that principle was overturned in Bing v. Thunig 1957In Chester v Afshar [2004] UKHL 41 The House of Lords decided that a doctor’s failure to fully inform a patient of all surgery risks vitiates the need to show that harm would have been caused by the failure to inform.
See: https://en.wikipedia.org/wiki/Chester_v_Afshar …Sidaway vs Bethlem [1985] AC 871
“A mentally competent patient has an absolute right to refuse to consent to medical treatment for any reason, rational or irrational, or for no reason at all, even where that decision may lead to his or her own death.” https://www.bailii.org/uk/cases/UKHL/1985/1.html …
(Source: https://threader.app/thread/1419968605593247760)
More at threader.app
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Howdy
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More usefull info Is allways well received.
Thanks
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Richard Noakes
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There is seriously a danger of excessive state paternalism when citizens are not allowed to make personal decisions about their own medical treatment, including the decision of whether to take a COVID vaccine. This was highlighted in Airdale National Health Service Trust v Bland, when Lord Justice Mustill expounded on this danger with the following clarity:
If the patient is capable of making a decision on whether to permit treatment and decides not to permit it his choice must be obeyed, even if on any objective view it is contrary to his best interests. A doctor has no right to proceed in the face of objection, even it if is plain to all, including the patient, that adverse consequences and even death will or may ensue.[44]
Final Considerations
Mandatory vaccination is illegal under the Australian Law and would be subject to Legal Proceedings under Common Law against Section 51 of the Legal Code.
The Constitution prohibits any form of compulsion, which would subject citizens to medical or pharmaceutical services, including mandatory vaccination. They should remain free to decide whether they wish to receive certain medical treatments, including vaccination, and they should not be disadvantaged by any government on the ground of their own voluntary decisions.
Of course, the Australian Constitution must always be interpreted in a manner that promotes its purposes, values and principles, advancing the rule of law and the fundamental rights and freedoms of the citizen. As a consequence, any legislation that requires compulsory vaccination, either directly or indirectly, constitutes a form of civil conscription that is constitutionally invalid. On this view, unvaccinated Australians remain decent members of society and cannot be treated as lower class citizens.
Augusto Zimmermann is professor and head of law at Sheridan Institute of Higher Education in Perth. He is also adjunct professor of law at the University of Notre Dame Australia (Sydney campus), president of the Western Australian Legal Theory Association, editor-in-chief of the Western Australian Jurist law journal, and a former law reform commissioner in Western Australia. He is the co-editor of Fundamental Rights in the Age of COVID-19, a book with contributions from leading legal academics and policymakers in the field.
Gabriël A. Moens AM is emeritus professor of law at the University of Queensland and served as pro vice-chancellor and dean of law at Murdoch University. He is the co-author of The Constitution of the Commonwealth of Australia Annotated (9thEd., LexisNexis, 2016). He has also published a novel about the origins of the COVID-19 virus, “A Twisted Choice” (Boolarong Press, 2020) and recently published a short story, “The Greedy Prospector” in an Anthology of short stories, The Outback (Boolarong Press, 2021).
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Protestant
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Thanks to John O’Sullivan and the Weston Price Foundation for this invaluable information.
If only our Aussie & Kiwi cousins knew it, too!
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Dawn
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Evening! I am a cna in ny and am being forced to my career because I refuse to take the jab. I’ve tried everything I can think of but to no avail. I love my job but do not know what to do. Some of my fellow co workers have been “informed” to file their two weeks notice or their won’t get their paid vacation time. We’ve also been told without our two week notice they will deny our unemployment. I am a Christian who has had two religious exemptions for my children but now my won’t take the exemptions anymore and I’ve home schooled ever since. Could you please give me some advice as I’m frustrated with having to leave a career I love. Hope to hear from you soon. Thank you!
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Dawn
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Evening! I am a cna in ny and am being forced to my career because I refuse to take the jab. I’ve tried everything I can think of but to no avail. I love my job but do not know what to do. Some of my fellow co workers have been “informed” to file their two weeks notice or their won’t get their paid vacation time. We’ve also been told without our two week notice they will deny our unemployment. I am a Christian who has had two religious exemptions for my children but now my won’t take the exemptions anymore and I’ve home schooled ever since. Could you please give me some advice as I’m frustrated with having to leave a career I love. Hope to hear from you soon. Thank you!
Reply