Natural Solutions Foundation
http://www.GlobalhealthFreedom.org
Stay Home – Stay Alive: Your Right to Self-Quarantine
A Natural Solutions Foundation White Paper
Index
Action Item - Demand Your Right to Self-Quarantine:
salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27275
06/19/09 Updated: Draft “Protecting Americans’ Self-Shielding Act” — the PASS Act
http://www.healthfreedomusa.org/?p=2888
On the lighter side: Dr. Rima Raps: “No Pig in a Poke”
http://www.youtube.com/watch?v=xVGrudg6mQ8
INDEX
Introduction
Definitions
Preparation
Recent Incidents
Your Right to Self-Quarantine
After-Notes
INTRODUCTION
The purpose of this White Paper is to set out the legal precedents and practical implementation of voluntary self-quarantine and self-shielding). At the end of this article are quotations from various legal sources that tend to support the conclusion that voluntary, at-home self-quarantine and self-shielding are viable, practical and easily available alternatives to mandated vaccination, isolation or incarceration in relocation centers during a declared “pandemic emergency.” Since the process is entirely voluntary, it preserves the rights and freedoms of the people and families choosing to self shield.
06/11/09 - “PANDEMIC” LEVEL 6 “DECLARED” - http://www.healthfreedomusa.org/?p=2830
Index
DEFINITIONS OF QUARANTINE
The Centers for Disease Control (CDC) states that Quarantine is usually defined as “to separate and restrict the movement of well persons who may have been exposed to a communicable disease to see if they become ill.” (the proper term regarding persons who have already become ill is “Isolation.”)2
The Red Cross tells us, “…both quarantine and isolation may be compelled on a mandatory basis through legal authority as well as conducted on a voluntary basis.”
Self-shielding is taking voluntary steps to shield oneself and family from exposure to potential pathogens (or toxins or uninsurable vaccines?) while self-quarantine is when someone who has been exposed takes voluntary steps to separate from others (such people who exhibit symptoms are said to be in “isolation’).
The Universal Declaration of Human Rights asserts, “No one shall be subjected to arbitrary interference with his privacy, family, home … Everyone has the right to the protection of the law against such interference…”
The National Strategy for Pandemic Influenza concludes “limitations on gatherings, or quarantine authority may be an appropriate public health intervention.”4
And the Red Cross also states, “Modern quarantine includes a range of disease control strategies that may be used individually or in combination, including: Short-term, voluntary home curfew…”6
And finally, the Department of Defense, in its planning, states, “Quarantine… applies to the separation and restriction of movement of well persons presumed to have been exposed to a contagion. Quarantine may be enacted at a home or other residential facility. It may also be voluntary or mandatory.”5
Quarantine therefore has a significant legal foundation, and the law recognizes the existence of voluntary self-quarantine or self-shielding at home. The primary issue then is, “How does one prepare for at home self-shielding?”
Index
PREPARING FOR HOME SELF-SHIELDING
The Natural Solutions Foundation previously posted the comments of an expert in biological weapons regarding this issue:
Professional Advice Regarding Protecting Yourself in a Pandemic (including a Fourteen Point Checklist) - http://www.healthfreedomusa.org/?p=752
The expert we consulted recommended in that posting: “The first and most basic stage is to go home lock the doors and stay there. DO NOT try to seal up your home with duct tape and plastic as you will not have enough oxygen to breathe within a very short time. This method is used for chemical events where you need to be indoors for a very short period of time. Most Quarantines will last days if not weeks and months. At this stage you can actually go out in to your front yard or back yard and breathe the air just fine just as long as you do not breathe someone else’s air that might be infected with an airborne communicable disease or virus. This could include certain animals and insects, all depending on the biological involved.”
The first four essential steps are:
“1. Have a Family Call-out Plan. When the pandemic starts, activate the call-out plan – make calls out to every family member to get everyone home ASAP.
2. If still on the road and/or in public, pull out gas mask, with bio-filter, from kit in auto.
3. Keep radio tuned to local stations you trust for local updates.
4. Upon arriving home, start quarantine process by bringing everyone inside including pets.
5. Put a “Quarantined” sign on front door.”
Of course, preparedness is essential. You need to keep a couple weeks supply of food and drink on hand. You need to have a family plan, as recommended by our expert.
We also believe that natural remedies can help support a vibrant and effective immune system, even in the worst of situations. One way to nourish your immune system is with nano silver.
See: www.nutronix.com/naturalsolutions -
there you can both support the Foundation and obtain your silver nutrients.
Here we also posted Homeopathic Remedy Information that discusses remedies traditionally used for the flu.
http://www.healthfreedomusa.org/?p=2894
Remember to stay calm and be prepared to firmly assert your right to remain in your own home: a family’s home is its castle! You and your neighbors can do more together to survive a difficult situation if you discuss these possibilities in advance and prepare to protect yourselves.
Index
RECENT INCIDENTS OF POTENTIAL “PANDEMICS”
Over the past several years, we have identified several incidents when a pandemic was certainly possible. The April, 2009 “Swine Flu” incident, which followed closely on the January, 2009 “accidental’ near release of live Avian Flu virus-contaminated season flu vaccine, raised our concern. The potential for a weaponized vaccine to be the vector for a weaponized flu cannot be discounted.
The example of the “accidental” contamination of seasonal flu vaccines with live Avian Flu virus that occurred in early 2009 is particularly troubling; there is, curiously, no indication of any significant government investigation of this incident, which could have led to a worldwide pandemic: http://www.healthfreedomusa.org/?p=2515
The next “window of opportunity” for what World Health Organization (WHO) officials are saying will be an “inevitable” pandemic will come with the availability, soon (Summer/Autumn 2009) of the alleged “Swine Flu” vaccine.
As is nearly always the case, the vaccine itself will “choose” the strain of flu that will become epidemic, or in the case of a successful weaponized virus, pandemic. Annually, the CDC claims to be almost always “right” in choosing the flu strains for the annual flu vaccine, many months in advance. This is simply because some percentage of those vaccinated will shed live viruses, thereby creating the very epidemic the vaccine is supposed to prevent. In our opinion, vaccination does not work; what historically reduced the incidence of infectious disease was improvements in public awareness, hygiene and nutrition.
It is our assessment that the “science” behind vaccination is deeply flawed, or worse, and that this unisurable practice violates basic standards of medical ethics. See the Helsinki Declaration of the World Medical Association. 12
See also Dr. Laibow’s article, The Syringe of Death, http://www.healthfreedomusa.org/docs/Syringe_of_death.pdf .
YOUR RIGHT TO REFUSE WEAPONIZED VACCINES;
YOUR RIGHT TO SELF-QUARANTINE
Every family, every individual, has a right to refuse medical treatments that violate conscience. Self-shielding in one’s home, a location recognized in common law as inviolate except with proper judicial authority, is a right that should be respected by governments as they deal with the results of their ill-conceived public health policies.
Health Freedom is Our First Right
Mag. Gen. Albert N. Stubblebine III (USA, Ret.)
Rima E. Laibow, MD
Ralph Fucetola JD
To donate to Natural Solutions Foundation:
http://www.healthfreedomusa.org/?page_id=189
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Index
AFTER-NOTES
1. UN Universal Declaration of Human Rights - Article 12 – “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
http://www.un.org/en/documents/udhr/
2. CDC: “ Isolation and quarantine are public health practices used to stop or limit the spread of disease. Isolation is used to separate ill persons who have a communicable disease from those who are healthy. Isolation restricts the movement of ill persons to help stop the spread of certain diseases. For example, hospitals use isolation for patients with infectious tuberculosis. Quarantine is used to separate and restrict the movement of well persons who may have been exposed to a communicable disease to see if they become ill. These people may have been exposed to a disease and do not know it, or they may have the disease but do not show symptoms. Quarantine can also help limit the spread of communicable disease. Isolation and quarantine are used to protect the public by preventing exposure to infected persons or to persons who may be infected.”
http://www.cdc.gov/ncidod/dq/pdf/legal_authorities_isolation_quarantine.pdf
3. Regulations to control communicable diseases:
42 USC 264(b) “Apprehension, detention, or conditional release of individuals - Regulations prescribed under this section shall not provide for the apprehension, detention, or conditional release of individuals except for the purpose of preventing the introduction, transmission, or spread of such communicable diseases as may be specified from time to time in Executive orders of the President upon the recommendation of the Secretary, in consultation with the Surgeon General…”
http://www.law.cornell.edu/uscode/uscode42/usc_sec_42_00000264—-000-.html
Index
4. National Strategy for Pandemic Influenza: “limitations on gatherings, or quarantine authority may be an appropriate public health intervention.”
http://www.pandemicflu.gov/plan/federal/pandemic-influenza.pdf
5. Department of Defense:
“Voluntary, community-based measures, such as limiting public gatherings, closing schools, and minimum manning procedures, are most effective to limit exposure to the disease if implemented before or at the onset of the event. Quarantine and other movement restrictions, especially if the restrictions are involuntary, will have minimal effect on the spread of the disease due to a very short incubation period and the ability of asymptomatic individuals to shed the virus.”
“DoD Category #13: Quarantine Assistance to U.S. Civil Authorities. When directed by the President, DoD may assist U.S. civil authorities responsible for isolating and/or quarantining groups of people in order to minimize the spread of disease during an influenza pandemic. Isolation is a commonly used public health practice for the separation and restriction of movement of ill persons to stop the spread of a contagious illness. People in isolation may be cared for in their homes, in hospitals, or at designated health care facilities. Isolation is primarily used on an individual level, but may be applied to populations. It is often voluntary, but may be mandatory. Quarantine, in contrast, applies to the separation and restriction of movement of well persons presumed to have been exposed to a contagion. Quarantine may be enacted at a home or other residential facility. It may also be voluntary or mandatory.”
“Interagency Planning Support 6.3.2.1. Guidance on Community Containment Strategies
HHS, in coordination with DHS, DOT, Education, DOC, DOD, and Treasury, shall provide State, local, and tribal entities with guidance on the combination, timing, evaluation, and sequencing of community containment strategies (including travel restrictions, school closings, snow days, self-shielding, and quarantine during a pandemic) based on currently available data, within 6 months, and update this guidance as additional data becomes available. Measure of performance: guidance provided on community influenza containment measures”
Office of General Counsel - Ensure that military commanders’ actions regarding isolation and quarantine on a military installation of infected or possibly infected DoD or non-DoD personnel are determined by the nature of the outbreak and the laws, regulations, and policies concerning those types of situations, especially regarding non-military personnel. Commanders must obtain legal and medical advice on individual situations from their legal and medical staffs. Local legal advice will reflect State law and coordination with civilian authorities.
http://fhp.osd.mil/aiWatchboard/pdf/DoD_PI_Implementation_Plan_August_2006_Public_Release.pdf
Index
6. Red Cross on Quarantine:
“…both quarantine and isolation may be compelled on a mandatory basis through legal authority as well as conducted on a voluntary basis.”
“Quarantine
Modern quarantine lasts only as long as necessary to protect the public by (1) providing public health care (such as immunization or drug treatment, as required) and (2) ensuring that quarantined persons do not infect others if they have been exposed to a contagious disease.
Modern quarantine is more likely to involve limited numbers of exposed persons in small areas than to involve large numbers of persons in whole neighborhoods or cities.
Quarantined individuals will be sheltered, fed, and cared for at home, in a designated emergency facility, or in a specialized hospital, depending on the disease and the available resources. They will also be among the first to receive all available medical interventions to prevent and control disease, including:
Vaccination.
Antibiotics.
Early and rapid diagnostic testing and symptom monitoring
Early treatment if symptoms appear.
http://www.redcross.org/preparedness/cdc_english/quarantine-2.asp
The duration and scope of quarantine measures would vary, depending on their purpose and what is known about the incubation period (how long it takes for symptoms to develop after exposure) of the disease-causing agent.”
http://www.redcross.org/preparedness/cdc_english/quarantine-3.asp
“Modern quarantine includes a range of disease control strategies that may be used individually or in combination, including: Short-term, voluntary home curfew…”
7. CDC on Quarantine Powers:
“When does CDC intend to use these quarantine powers?
In general, HHS defers to state and local health authorities in the primary use of their separate quarantine powers. Based on long experience and collaborative working relationships with our state and local partners, CDC anticipates that the need to use this federal authority to actually quarantine a person will occur only in rare situations, such as in events at ports of entry or other time-sensitive settings. This authority would be used only if a person posed a threat to public health and refused to cooperate with a voluntary request. ”
http://www.cdc.gov/ncidod/sars/quarantineqa.htm
Index
8. Leading 1905 Case Allowing Mandatory Vaccination
Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905)
“It is easy, for instance, to suppose the case of an adult who is embraced by the mere words of the act, but yet to subject whom to vaccination in a particular condition of his health or body, would be cruel and inhuman in the last degree. We are not to be understood as holding that the statute was intended to be applied to such a case, or, if it was so intended, that the judiciary would not be competent to interfere and protect the health and life of the individual concerned. “All laws,” this court has said, “should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression or absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language which would avoid results of that character. The reason of the law in such cases should prevail over its letter.” United States v. Kirby, 7 Wall. 482; Lau Ow Bew v. United States, 144 U.S. 47, 58. Until otherwise informed by the highest court of Massachusetts we are not inclined to hold that the statute establishes the absolute rule that an adult must be vaccinated if it be apparent or can be shown with reasonable certainty that he is not at the time a fit subject of vaccination or that vaccination, by reason of his then condition, would seriously impair his health or probably cause his death.”
http://biotech.law.lsu.edu/cases/vaccines/Jacobson_v_Massachusetts.htm
9. Geneva Conventions
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)
“Article 17.-Prohibition of forced movement of civilians
1. The displacement of the civilian population shall not be ordered for reasons related to the conflict unless the security of the civilians involved or imperative military reasons so demand. Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition.
2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.”
http://www2.ohchr.org/english/law/protocol2.htm
Index
10. Religious Exemptions from Vaccination
A review of recent cases supporting religious exemptions to vaccination include, “successfully argued and won a preliminary injunction in the United States District Court for the Northern District of New York, and child-plaintiff AK was granted a religious exemption and allowed to return to school.”
http://www.vaccineexemption.org/VEcases.html
11. Amendment 4 – United States Constitution: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
12. The Declaration of Helsinki
• It is the duty of the physician to promote and safeguard the health of patients, including those who are involved in medical research. The physician’s knowledge and conscience are dedicated to the fulfillment of this duty.
• The Declaration of Geneva of the WMA binds the physician with the words, “The health of my patient will be my first consideration,” and the International Code of Medical Ethics declares that, “A physician shall act in the patient’s best interest when providing medical care.”
http://www.wma.net/e/ethicsunit/helsinki.htm
And…
Clever, those swine: the swine flew, it swam, now it commandeers ships…
Australia responds to ship-borne “swine flu” - http://www.google.com/hostednews/afp/article/ALeqM5jGb2pEjbDhtZbsrwLAlGpxHa4wYw
Index
ADDITIONAL LEGAL CONSIDERATIONS [Ed. Note: our thanks to Dee for her research efforts.]
My Research on the (lack of) Right to Refuse Vaccinations
Posted by: “dee”
Fri Jun 19, 2009 10:41 pm (PDT)
I got very ill when I received a tetanus shot following a needle stick at work. I have never been the same and I have made this my life project, to find out what happened. They deny it exists or label it fibromyalgia. It is horrible to try to live a normal life. I am in pain and I am exhausted all the time, and my brain always feels swollen and I can’t always find my thoughts when I need them.
I have also done extensive research on the right to consent and the right to refuse vaccinations. I have provided all the case law, and US Code concerning this.
In Jacobson v. Mass., 197 U.S. 11 (1905) The Supreme Court HELD that Jacobson had NO right to refuse vaccinations despite previous adverse reactions. In Jacobson v. Mass., 197 U.S. 11 (1905), when Henning Jacobson refused to pay a fine of $5 for refusing a repeat vaccination* based on his liberty rights in the Preamble of the Constitution, the U.S. Supreme Court held that the Preamble was not an independent source of rights. (*Jacobson challenged the safety of the vaccine.)
The U.S. Supreme Court stated the alleged power of the state to invade Jacobson’s person by forcing him to submit to the Smallpox vaccination. He also stated it was unconstitutional, citing the Preamble, and the Supreme Court disagreed.) In fact, when this case was in the Massachusetts supreme court, Com. v. Pear, Com. v. Jacobson, 67 L.R.A. 935, 183 Mass. 242, 66 N.E. 719 (Mass. 1903) the court used U. S. Supreme Court precedence that legislation requiring vaccination is a proper exercise of the police power in Lawton v. Steele, 152 U.S. 133, 136.
[Ed. Note: this case predates the UN Universal Declaration and Geneva Conventions and should no longer be considered a precedent.]
Index
CHEMICAL AND BIOLOGICAL WARFARE PROGRAM
U.S.C. § 1520a. Restrictions on use of human subjects for testing of chemical or biological agents:
a) Prohibited activities
The Secretary of Defense may not conduct (directly or by contract)—
(1) any test or experiment involving the use of a chemical agent or biological agent on a civilian population; or
(2) any other testing of a chemical agent or biological agent on human subjects
(e) “Biological agent” defined In this section, the term “biological agent” means any micro-organism (including bacteria, viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing—
(1) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or materials of any kind; or …
(b) Exceptions
Subject to subsections (c), (d), and (e) of this section, the prohibition in
subsection (a) of this section does not apply to a test or experiment carried out for any of the following purposes:
(1) Any peaceful purpose that is related to a medical, therapeutic,
(2) pharmaceutical, agricultural, industrial, or research activity
(3) 10 USC § 1107. Notice of use of an investigational new drug or a drug unapproved for its applied use
(4) The Feres Doctrine. This Doctrine prevents a soldier from suing the American Government for medical malpractice, and includes neglect and vaccinations.
(5) Ferris v. United States, 340 U.S. 135 (1950)
(6) The United States has a patent on Mycoplasma fermentans: U.S. PATENT NO. 5,242,820.
(7) Mycoplasma fermentans has been known to cause (among others) Lyme Disease, fibromyalgia, AIDS, and Gulf War Syndrome
(8) The Military Vaccine Directory admits that adverse reactions to the smallpox vaccine include disfiguring skin disorders, blindness, neurological impairments and death. No one knows what percentage of recipients will suffer these complications. http://www.mvrd.org/showpage.cfm?ID=13
(9) Refusing an order to take a mandatory bioterrorism vaccine, especially anthrax can result in court marshal, imprisonment felony charge, dishonorable discharge. http://www.mvrd.org/index.cfm
(10) Ferris v. United States, 340 U.S. 135 (1950) is still good law.
(11) Congress has allowed drug research to include children (21 U.S.C. §§ 355a, 355c).
[Ed Note: this would appear to violate the Declaration of Helsinki of the World Medical Association.]
(12) Mandatory vaccinations for children have risen to [Ed Note: over] 36, and most are required for school attendance
(13) (See: Zucht v. King, 260 U.S. 174 (1922) confirming Jacobson and extended it to all students requiring vaccination before school enrollment).
[Ed Note: parents who homeschool are not covered by this requirement; all but two states have enacted religious exemptions (or have case law allowing same) since the time of this case.]
Right to Refuse Medical Care / Right to Die Has Legal Limitations
1) Preamble to the U.S. Constitution- It was insufficient in Jacobson v. Mass., 197 U.S. 11 (1905) to infer the right to refuse to be vaccinated or that being forced to do doing so would violate his liberty.
2) The right to informed consent under common law, or conversely, the right to refuse.
3) U.S. Constitution and Bill of Rights - Life, liberty, and pursuit of happiness and or property
4) Constitutional provisions under liberty interests in the Due Process clause (Fifth and Fourteenth Amendment) to refuse medical care.
5) The right to be “secure in our persons” (Fourth Amendment).
6) The unenumerated rights (Ninth Amendment).
7) Jacobson v. Massachusetts, 197 U.S. 11 (1905) Constitutional liberties are limited by state police
power — the power of the states to protect public health and safety `for the common good, for the protection, safety, prosperity and happiness of the people. (Immunizations are a police power and state rights are greater than personal liberties/right to refuse immunizations)
[Ed Note: this early decision was prior to the development of constitutional privacy law and prior to the determination by the insurance industry that vaccine harm was an uninsurable risk.]
8) Schloendorff v. Society of New York Hospital, 211 N.Y. 125 (1914). The touching of another person
without consent was battery.
*Experimentation*
9) U.S. Code Title 50 chapter 32 § 1520a allows use of “human subjects for testing of chemical or
biological Agents.
10) The Feres Doctrine (comes from a U.S. Supreme Court ruling in Ferris v. United States, 340 U.S. 135
(1950)) prevents soldiers from suing the American Government for medical malpractice, including adverse reactions to vaccinations, even if it results in death.
11) Congress has allowed drug research to include children (21 U.S.C. §§ 355a, 355c). The number of
mandatory vaccinations for children has risen to 36, and most are required for school attendance (See: Zucht v. King, 260 U.S. 174 (1922) confirming Jacobson and extended it to all students requiring vaccination before school enrollment).
12) Tuskegee Syphilis Experiment (1932-1972) Right to Informed Consent not given. (Settled out of court).
13) Cruzan v. Director, Missouri Dept. Health, 497 U.S. 261 (1990). If no longer competent, surrogate must
have clear and convincing evidence of wishes prior to incompetence.
*No constitutionally protected right to assisted suicide*
14) Kevorkian v. Thompson, 947 F.Supp. 1152 (1997)
15) Washington v. Glucksberg, 521 U.S. 702 (1997)
16) Schindler v. Schiavo, 403 F.3d 1289 (2005)
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Index
The URL for this White Paper is: http://www.healthfreedomusa.org/?p=2752
Our Twitter feed is: www.twitter.com/HealthFreedomUS
The #hashtag for this White Paper is #selfquarantine
