GE.20-11778(E)

Human Rights Council
Forty-fifth session
14 September–2 October 2020
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Written statement* submitted by Planetary Association for
Clean Energy, Inc., The, a non-governmental organization in
special consultative status
The Secretary-General has received the following written statement which is
circulated in accordance with Economic and Social Council resolution 1996/31.
[20 August 2020]
* Issued as received, in the language(s) of submission only.
United Nations A/HRC/45/NGO/43
General Assembly Distr.: General
14 September 2020
English only
A/HRC/45/NGO/43
2
Vaccine Mandates Violate the Right to Informed Consent1
On 11 March 2020, the World Health Organization (WHO) declared pandemic status for
COVID-19, the disease caused by severe acute respiratory syndrome 2 (SARS-CoV-2).
Governments responded by implementing unprecedented “lockdown” measures globally
with no clear exit strategy apart from the stated goal of rapidly developing a vaccine.
Concurrently, advocates of this hypothetical solution have called for lawmakers to make
COVID-19 vaccinations compulsory.
However, compulsory vaccination violates the right to informed consent, one of the most
fundamental ethics in medicine and a human right recognized under international law,
including the United Nations International Covenant on Civil and Political Rights of 1966,
the Universal Declaration on Bioethics and Human Rights of 2005, the Convention on the
Rights of Persons with Disabilities and its Optional Protocol of 2006 and under
internationally recognized agreements such as the Council for International Organizations of
Medical Sciences International Ethical Guidelines for Biomedical Research Involving
Human Subjects of 2002, and the World Medical Association Declaration Of Helsinki of
1964, revised in 2013.
The United Nations (UN) and WHO are legally obligated to uphold the right to informed
consent yet have instead been complicit in violating it.
For example, the United Nations Children’s Fund (UNICEF) praised the Maldives
government for passing a law in November 2019 that effectively outlawed the exercise of the
right to informed consent by threatening parents with prosecution for non-compliance with
public vaccine policy.
In January 2020, two articles in The BMJ (formerly British Medical Journal) revealed that
the WHO had been sponsoring a malaria vaccine trial that included 720,000 children in three
African countries without having ensured that the prior informed consent of the parents had
been obtained. Most egregiously, parents had not been informed that earlier trials had found
the vaccine to be associated with an increased risk of childhood mortality, particularly among
girls.
WHO also promotes the diphtheria, tetanus, and whole-cell pertussis (DTP) vaccine in global
vaccination campaigns, despite the best available scientific evidence showing it to be
associated with an increased rate of childhood mortality. While the vaccine may protect
against the target diseases, it appears to detrimentally affect the immune system in a way that
makes children more vulnerable to other diseases. This “non-specific effect” has been found
to be true for non-live vaccine generally.
WHO is aware of the evidence, but has dismissed it on the grounds that it comes from
observational studies, which are prone to selection bias. However, WHO accepts the findings
of observational studies showing beneficial non-specific effects of measles vaccination.
Additionally, the members of the WHO committee tasked with reviewing the evidence had
conflicts of interest, including three having ties to GlaxoSmithKline (GSK), one of the
manufacturers of DTP vaccines and the manufacturer of the experimental malaria vaccine.
WHO also receives funding from vaccine manufacturers, including GSK, Sanofi, and Merck.
The single largest source of funding for WHO presently is the Bill and Melinda Gates
Foundation, which promotes vaccines while holding investments in vaccine manufacturers
including GSK, Sanofi, and Merck.
The public is repeatedly assured by public health officials and the media that “vaccines are
safe and effective”, but in the absence of randomized placebo-controlled trials comparing
long-term health outcomes, including mortality, between vaccinated and unvaccinated
individuals, that statement is not justifiable.Vaccines do not undergo such trials before
licensing. Nor are whole vaccine schedules studied for safety. With respect to the routine
childhood vaccine schedule recommended by the United States of America (US) Centers for
Disease Control and Prevention (CDC), the Institute of Medicine in 2013 observed that
1 For references, see: www.guineapigsappeal.org/un/references3.pdf.
A/HRC/45/NGO/43
3
“studies designed to examine the long-term effects of the cumulative number of vaccines or
other aspects of the immunization schedule have not been conducted.”
There are many legitimate concerns about vaccines in addition to their non-specific effects.
Policymakers do not consider the opportunity costs of vaccination, such as the superiority of
immunity acquired naturally compared to that conferred by vaccination.
For example, studies have found that having a flu shot annually could increase the risk of
infection with novel influenza strains, as well as with non-influenza viruses, in part due to
the lost opportunity to acquire the cross-protective, cell-mediated immunity conferred by
infection.
A complementary hypothesis is the phenomenon of “original antigenic sin”, whereby the first
experience of the immune system with an antigen determines future responses. Priming the
immune system with antigen components of the influenza vaccine could potentially cause a
mismatched antibody response to strains that the vaccine is not designed to protect against,
thereby increasing the risk of infection as compared to an immune response in which naive
T and B cells are instructed to fight off the infecting virus.
This phenomenon might help explain an increased risk of serious dengue infection among
Filipino children who received the dengue vaccine and who had not already experienced a
prior infection. This finding led the Philippines to the withdrawal of the vaccine, which the
government had implemented into its childhood schedule upon the recommendation of
WHO, despite earlier data having indicated that the vaccine might cause precisely that
outcome.
A related hypothesis is that of “antibody dependent enhancement” (ADE), whereby vaccineinduced antibodies, instead of protecting the individual from subsequent infection, enhance
the infection and thereby increase the risk of severe disease.
Attempts to develop a vaccine for severe acute respiratory syndrome coronavirus (SARS)
were impeded by this phenomenon, whereby vaccinated animals were found to be at
increased risk of viral infection. This past experience has raised concerns about the potential
for ADE with vaccines under development for SARS-CoV-2.
As another example of opportunity cost, surviving measles is associated with a reduced rate
of all-cause mortality in children, and this survival benefit appears to more than offset
measles deaths in populations with a low mortality rate from acute measles infection.
Additionally, measles infection has been observed to cause regression of cancer in children
and has been associated with a decreased risk of numerous diseases later in life, including
degenerative bone disease, certain tumours, Parkinson’s disease, allergic disease, chronic
lymphoid leukaemia, both non-Hodgkin lymphoma and Hodgkin lymphoma, and
cardiovascular disease.
Other infections have also been associated with health benefits, such as a reduced risk of
leukaemia among children who experience Haemophilus influenzae type b infection during
early childhood.
There is also the potential for mass vaccination to put evolutionary pressure on pathogens, as
has been seen with the diphtheria, tetanus and acellular pertussis (DTaP) vaccine, and the
emergence of pertussis strains lacking pertactin, a key antigen component of the vaccine.
According to CDC, such strains “may have a selective advantage in infecting DTaPvaccinated persons.”
Population effects of vaccination must be considered in addition to their effects on
individuals. Data suggest that the varicella (chicken pox) vaccine has not been cost-effective
but has rather increased health care costs due to the inferiority of vaccine-conferred
immunity. This is because mass vaccination appears to have shifted the risk burden away
from children, in whom it is generally a benign illness, and onto adolescents and adults, who
are at greater risk of complications. Due to the loss of immunologic boosting from repeated
exposures, elderly people who had chicken pox as children are at greater risk of shingles. But
rather than reconsider existing recommendations, policymakers respond to this problem by
recommending a shingles vaccine for the elderly.
A/HRC/45/NGO/43
4
In the US, many parents are concerned that manufacturers of vaccines recommended by CDC
for routine use in childhood enjoy legal immunity from injury lawsuits because this
represents a disincentive to pharmaceutical companies in terms of developing safer and more
effective means of disease prevention. The Vaccine Injury Compensation Program (VICP)
of the US government effectively shifts the financial burden for vaccine injuries away from
the industry and onto taxpaying consumers.
Another major problem is that policymakers treat vaccination as a one-size-fits-all solution
to disease prevention, when the science is unequivocal in establishing that a risk-benefit
analysis must be carried out for each vaccine and each individual. Not everyone is at the same
risk from the target disease, and not everyone is at the same risk of harm from the vaccine.
For example, children with a mitochondrial disorder may be at increased risk of vaccine
injury. In one case adjudicated under the VICP, the US government acknowledged that
vaccinations can cause brain damage manifesting as symptoms of autism.
In a 2018 interview, the director of the CDC Immunization Safety Office acknowledged the
possibility that vaccines could cause autism in genetically susceptible children but stated that
it was “hard to predict who those children might be.”
Legislators do not have the specialized knowledge required to conduct the necessary riskbenefit analysis of the individual. Only the individual, or in the case of a child, the parents,
possess that knowledge.
All vaccines carry risks. Compulsory vaccination constitutes a gross violation of the right to
informed consent. Governments urgently need to orient health policies towards protecting
rather than violating this human right.

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