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Stay home or get vaccinated? We could move towards this dilemma. Also because in addition to closing us at home, politicians do not seem to leave and 10 months have passed since the outbreak of the epidemic.
There is the vaccine. Someone, between politicians and experts in virology or presumed such, has already proposed making them mandatory to access services, starting with some categories. Sooner or later there will be an obligation to vaccinate against Sars-Cov-2? We talked about it with the Cagliari lawyer Francesco Scifo, an expert in European law, human rights and a lawyer at the Supreme Court (as a young man he made his bones with the defense of the position in the Cassation).
“You recently tweeted ‘The vaccine is experimental, therefore, whoever favors the obligation to take it goes directly to the International Criminal Court for violating the prohibition of human experimentation.’ Can you explain what you mean? “.
“We are unequivocally confronted with …”.
“To a new range of vaccines, of course …”
The lawyer Francesco Scifo
“It is an experimentation different from the previous types of traditional vaccines for which the obligation was foreseen in some cases, and it is an experiment that has not been able to see the effects in the short, medium and long term, regardless of the fact that then bureaucratically we can say that the European Medicines Agency or Aifa has approved the experimental vaccine. No, the vaccine always remains experimental regardless of whether it is approved by a government body, a medical scientist or a bureaucrat. This is because experimentation depends on the amount of time the vaccine is tested. “
And that?
We have a series of international conventions from the Nuremberg trial that in part referred to Nazi doctors who had operated in concentration camps. I must remember that several experiments were carried out on that occasion as well, including vaccinations, which is why the fundamental principle of informed consent has since been developed. “
“Explain to readers what it is …”
“Human experimentation can be done but requires what is called informed consent.”
“That is, the subject who wants to be vaccinated must agree, he cannot be forced, and he must be informed what the consequences may be, right?”
“Yes, it is necessary to agree and this consent must also be informed.”
“I mean, should you be aware of the possible consequences?”
“Exactly. For this vaccine we only have the results in a very short time. So even those who are subject to the current vaccine, without even knowing the short-term consequences, cannot even give their informed consent. It is a human trial without consent. This already violates in order the Nuremberg principles, the Helsinki declaration that is the basis of all medical behavior around the world, the UNESCO declaration that also provides for informed consent without mentioning other treaties and Finally, there is no We must forget the European regulations governing experimentation on humans and also one of its pillars, with regard to experimentation on humans, is informed consent ”.
“What can you tell public decision makers, politicians, and experts who want the Sars-Cov-2 vaccine to be mandatory?”
“They are instigated to violate the laws and violate the treaties signed by Italy. Of course, if they are based on the principle of force, it will be difficult to unhinge these kinds of actions, as it was for the Nazi criminals. they will all be judged and sentenced. “
“Why is it always a matter of human experimentation and therefore cannot be made mandatory?
“Yes, exactly”.
“There are categories of people, those who work in the army, doctors, health workers, the police forces come to mind, where the element of public service and the hierarchical relationship have a preponderant force. the same principle she stated or are there exceptions for them? “
“It should be remembered that a manifestly illegitimate order does not eliminate the responsibility of the executor. In this specific case, if the person wants to take the test, they can do it ”.
“Sure … but what if you want to refuse?”
“He can also legitimately refuse and if he is sanctioned, demoted or fired, he can go to the labor courts and enforce his rights …”.
“There has been talk of the vaccine’s obligation to use public transport or public services …”
“These possible rules will be challenged and brought to justice.”
“How many lawyers do you think are willing to fight in this direction?”
“In our network there are already a few thousand as ‘Lawyers for legality’, ‘1000 lawyers for the Constitution’ and an international legal network where there are lawyers around the world, we collaborate with American, German, French lawyers. On this principle we are going to make, as we are doing, complaints throughout Europe. In Italy we are doing them on other fronts related to the Dpcm ”.
And is there the possibility of free legal aid?
We will defend everyone for free ”.
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