Article 21 Health- Informed Consent
Prepared by the International Disability Caucus

The Working Group text for article 21 deals with informed consent in paragraphs (j) and (k):-
Ensure that health and rehabilitation services provided to persons with disabilities, and the sharing of their personal health or rehabilitation information, occur only after the person concerned has given their free and informed consent, and that health and rehabilitation professionals inform persons with disabilities of their relevant rights;

Prevent unwanted medical and related interventions and corrective surgeries from being imposed on persons with disabilities.

A footnote in the Working Group text suggested a definition for informed consent:- “Informed decisions can be made only with knowledge of the purpose and nature, the consequences, and the risks of the treatment and rehabilitation supplied in plain language and other accessible formats”.

1. Informed consent is an aspect of the right to health:- The right to the highest attainable standard of health (art. 12 ICESCR) states:-
The right to health contains both freedoms and entitlements. The freedoms include the right to control one’s health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation.

Thus, health is not a public good to be pursued independent of the will of each individual, but requires respect for the will of the individual person with respect to his or her own well-being. This is reinforced by the requirement that health services be culturally acceptable to individuals and communities

2. Informed consent must be guaranteed to persons with disabilities on an equal basis with others.. prohibits discrimination in the exercise and enjoyment of the right to health, including on the ground of disability. The freedoms contained in the right to health, as well as the entitlements, are subject to non-discrimination.

The General Comment unfortunately perpetuates discrimination based on disability, by permitting exceptions to be made to the obligation to refrain from coercive medical practices, in the context of “treatment of mental illness or the prevention and control of communicable diseases” such as HIV/AIDS. Such exceptions fail to respect the rights and dignity of persons with psychosocial disabilities and persons living with HIV/AIDS and should not be repeated in this Convention.

Self-determination of persons with disabilities as starting point for informed consent:-
The proposed Supplement to the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, addressing the failure of governments to respect the autonomy of persons with disabilities on an equal basis with others, provides as follows:-

States should recognize that persons with disabilities have the same right to self-determination as other citizens, including the right to accept or refuse treatment. … States should also ensure that medical facilities and personnel inform people with disabilities of their right to self-determination, including the requirement of informed consent, the right to refuse treatment and the right not to comply with forced admission to institutional facilities. States should also prevent unwanted medical and related interventions and/or corrective surgeries from being imposed on persons with disabilities.

The Supplement was developed by the Special Rapporteur on Disability in consultation with a panel of experts formed by international disability organizations, as part of mandated activity to monitor the Standard Rules. These provisions enjoy the support of the disability community and should be considered as a best practice in the establishment of human rights standards. Any exceptions or limitations to the exercise of informed consent by persons with disabilities will be a step backwards.

Legal capacity (capacity to act) underlies the right to informed consent:-
Legal capacity (capacity to act) is a necessary prerequisite for exercise of the right of informed consent by any individual. Without legal capacity, a person remains vulnerable to decisions by other people that may be unacceptable to the individual, and to a process of decision-making that disrespects self-determination and human dignity. In the health context, persons with disabilities face increased vulnerability to unacceptable services due to prejudice about our capabilities, needs, and worth as human beings. For this reason a recognition of legal capacity on an equal basis with others, with supported decision-making as an entitlement that must not undermine legal capacity, is necessary to ensure that informed consent is meaningful for all people with disabilities.

Article 9 addresses legal capacity as a transversal matter in the Convention, relevant to exercise of all rights and freedoms. In article 21, it is sufficient to establish a right to informed consent, without any exceptions or limitations, and leave the resolution of legal capacity to article 9.

5. Access to information

The provision of all health related information is to be timely, meaningful and accessible formats, modes, means and language, including sign language. This is crucially important for people with sensory, intellectual and other disabilities.

The extent to which this provision is implemented will directly determine the extent to which people with sensory, intellectual and other disabilities will be able to –

* access affordable health care without discrimination, clause 2(a);
* access the same range and standards of health services as others, clause 2(b);
* give informed consent to treatment, clause 2(e);
* access their health and medical records, clause 2(f);
* select treatment options, clause 2(g);
* access information to maximise personal health, clause 2(l).

“Informed decisions can be made only with knowledge of the purpose and nature, the consequences, and the risks of the treatment and rehabilitation supplied in plain language and other accessible formats”.’

I have personally interviewed vaccinators at three COVID19 Vaccination Centre’s. Each individual vaccinator was questioned “If I have a COVID19 jab will you promise I will not have a serious adverse event or die from receiving the COVID19 jab”? In total 10 vaccinators each informed me that the COVID19 Vaccine is extremely safe.

True informed consent is a process, and, as such, it requires that the health-care provider enter into a discussion that ultimately leads to the patient understanding of their options, and the risks and benefits of the alternative courses of action.

New Zealand Bill of Rights 1990 states the ‘Right to refuse to undergo medical treatment. Everyone has the right to refuse to undergo any medical treatment.
The New Zealand Bill of Rights 1990 is referred to in the COVID19 Public Health Response Act Section 11– The right to refuse to undergo medical treatment.
The Code of Health and Disability Services Consumers’ Rights – There is no particular age at which children or young people may give informed consent under the Code.

A HUMAN RIGHTS APPROACH TO HEALTH:
– Accessibility- non-discrimination, physical accessibility, economic accessibility (affordability), information accessibility.
– Acceptability: respectful of medical ethics and culturally appropriate, sensitive to age and gender
– Quality: scientifically and medically appropriate

All people have the Right to Self-Determination. The historical and current development of the right to self-determination on the basis of the Charter i of the \ United Nations and other instruments adopted by United Nations organs, with particular reference to the promotion and protection of human rights and fundamental freedoms.

The Charter of the United Nations expressly establishes the right to self-determination.
Guaranteeing informed consent is fundamental to achieving the enjoyment of the right to health through practices, policies and research that are respectful of autonomy, self-determination and human dignity. Safeguarding informed consent along the health-care continuum is an obligation placed on States and third parties

The concept of consent has evolved for centuries to arrive at its current meaning. In the aftermath of the Nuremberg Trials, increased international recognition of patients’ rights developed in the twentieth century, hence defining the responsibility of health-care providers and States responsibilities to the patient.

In 1947, the Nuremberg Code asserted that the voluntary consent of the human subject to medical research is necessary under all circumstances. The Declaration of Helsinki (1964) further developed the Code principles and tied them to the ethical duties of physicians, as outlined in the Declaration of Geneva (1948).
In 1994, the World Health Organization Amsterdam Declaration on Patients’ Rights required informed consent as a prerequisite for any medical intervention, guaranteeing also the right to refuse or halt medical interventions.

Informed consent is not mere acceptance of a medical intervention, but a voluntary and sufficiently informed decision, protecting the right of the patient to be involved in medical decision-making, and assigning associated duties and obligations to health-care providers. Its ethical and legal normative justifications stem from its promotion of patient autonomy, self-determination, bodily integrity and well-being.

I am extremely concerned that young people in New Zealand can legally consent to participating in Clinical Trials without prior parental or guardianship consent. That they can also book a COVID19 jab online, or just turn up at a COVID19 Vaccination Centre, and are not be required to provide identification of proof of age.

The randomised Pfizer Clinical Trial (Human Experiments) was of 2,260 12 – 15year olds from across America. 50% of them were jabbed with a placebo, only 1,130 actually received the COVID19 jab. This is a very tiny percentage of the population within this age group considering there are almost 17 million 12-15 year olds in America alone and only 1,130 participants were required for FDA to give consent.

COVID 19 so called vaccines are not vaccines, they are inoculations. They do not stop infection, they are an immune treatment.
I am extremely concerned for our young people who have the legal right to consent to be participants in these human trials, human experiments. (12-15yrs old).
DHB’s are trying to get schools on board for onsite vaccination clinics.

Chris Hipkins has reported that COVID19 Vaccinations for children from the age of 5years will be rolled out by the end of January 2022 as FDA have given Pfizer provisional consent for these inoculations, they are just awaiting MEDSAFE approval.

Globally populations are being controlled by a Communist Chinese type Social Credit System of Rewards and Punishments, compliant or non-compliant our freedoms, human ights, civil liberties have been severely violated, it now appears that all these Human Rights just simply, sadly disappeared. We really do not have any Human Rights.

NOTE: FOR FURTHER INFORMATION PLEASE CLICK ON THE IMAGE ABOVE WHICH WILL TAKE YOU TO MY RUMBLE VIDEO.

The Imperial Global Public-Private Corporate Governance of the Planet namely Earth. The Eco-Political Global Elite (The Green Leftist-Socialist-Communist Global Powerhouse)

The Corporate capture of global governance : The World Economic Forum – UN partnership agreement is a dangerous threat to all living beings on the earth. Digital Globalization, digital Data, digital control of global populations. A Multistakeholder business governance, nationally-globally is being played out, has been planned for years, the end is in sight. The emerging powers in this Global imperialist global governance.

A group of rising powers from the global South is effectively challenging western predominance, the hallmark of the global order over the last two centuries. CIGI’s research is built on long term transnational networking that brings together high-ranking scholars from the industrialized and the developing worlds. The redistribution of wealthy and the end of private property rights.

THIS IS TOO SAD, TOO CRUEL IT MUST NEVER BE…..
Where have all the farmers gone..long time passing.
Where have all the tradies gone…long time passing…
Where have all the small businesses gone…long time passing
Where have all our freedoms gone….long time passing.

WAKE UP NEW ZEALAND NOW

Through social media I cam across a post that referred to a dangerous chemical namely Ethylene Oxide being used in PCR tests as a sterilization agent. This caused me some serious concern, therefore I decided to dig a bit deeper into this chemical namely Ethylene Oxide.

The FDA Is Taking Steps to Move Beyond Ethylene Oxide “Gas” Sterilization. There has been calls to replace Ethylene Oxide because of cancer risks

There’s outrage from exposed communities has federal regulators and device makers seriously rethinking a question that’s been hanging over the sterilization industry for decades: Can ethylene oxide be replaced?

Ethylene oxide is a widely used chemical made in the U.S. by some of the industry’s global giants, including Dow Chemical, Huntsman, Shell and Union Carbide. The main ingredient in automobile antifreeze.

FDA reported they will l continue in its efforts to reduce over-reliance on ethylene oxide for medical device sterilization. Supply issues can lead to shortages of medical devices—and can pose a threat to public health by delaying or disrupting critical care for patients. Mitigating product supply issues and working to prevent patient harm from device shortages are important to the FDA.

November 2019 it was reported that regulators from public health agencies, medical device manufacturers and expert physicians gathered at a 2 day meeting to discuss, address challenges with ethylene oxide, a carcinogenic gas used to sterilize more than 50% of medical devices.

The topic of focus of those at the gathering was “What’s the potential impact of reducing, eliminating or replacing ethylene oxide sterilization on the medical device supply chain, and what can FDA do to prevent shortages of critical devices used by hospitals and other healthcare providers across the country”?

Back in 2019, it was documented that 20 billion to 25 billion devices are sterilized in 2018 using ethylene oxide. FDA issued a warning in October 2019 that without adequate availability of Ethylene Oxide a national shortage of devices will occur.

Clinical Oncology News in the US, May 2nd 2020’s article read ‘Sterilization has beena problem for months- then COVID19 hit’
For months, officials had been warning of a looming shortage in the supply of a gas used in the sterilization of medical equipment (Ethylene Oxide). That the system had now taken another hit and was stressed due to COVID19.

One of the most adopted sterilization processes uses ethylene oxide (EO), a highly reactive, toxic and flammable gas capable of sterilizing at ambient temperature, preserving those medical devices which cannot be exposed to moisture or high temperatures — like the ones made of polymers, plastics or those containing electronic components.

The EO sterilization is assumed to play an important role in the battle against COVID-19, but, due to its intrinsic hazardous nature and carcinogenic effect on human beings, very high attention must be paid on possible residual levels
This position is supported by the Centres for Disease Control and Prevention (CDC) which states, “Ethylene oxide is not recommended as a crisis strategy for cleaning filtering facepiece respirators as it may be harmful to the wearer.”

In this scenario, it becomes even more critical to rely on efficient and sensitive testing methods to ensure no residual EO is present on PPE and medical devices in general.

Ethylene Oxide is absorbed by many materials, for this reason, following sterilization the item must undergo aeration to remove any residual. Guidelines have been promoted regarding allowable EO limits for devices that depend on how the device is used, how often, and how long in order to pose a minimal risk to patients in normal product use

Additionally, during the EO sterilization process, it is also possible the formation of 2-chloroethanol (or ethylene chlorohydrin, ECH)2, which is classified as a hazardous substance very toxic by inhalation and skin absorption.
Ethylene Oxide is used for various medical devices including PCR tests to insert deeply into peoples nasal cavaties

Please go to the link in the image above which takes you to my Rumble video for more information on this serious subject.