A deeper look at the MFA
The Medical Freedom Amendment uses two phrases that are important to comprehend. It is stated as protection of the "right to medical choice" and the "freedom of medical choice". In legal terms, "rights" and "freedoms" are often used interchangeably, but they do have subtle distinctions very necessary in the Amendment to fully benefit each person. "Rights" and "freedom" are conceptually distinct because freedoms emphasize personal autonomy without imposing obligations on others.
A right is a legally or morally granted entitlement that imposes an obligation on others to either do something or refrain from doing something in order to ensure the right is upheld. It is enforceable by law, and if violated, the law provides remedies or protections.
As an example, the right to a fair trial means the government and courts must ensure you receive a fair judicial process. Rights are often specific, and their application involves active duties or prohibitions on the state or other entities. The right to medical freedom is a legally enforceable right of obligation regarding the choice of any medical intervention to be decided the person receiving it.
A freedom, on the other hand, typically refers to the absence of constraints or restrictions. It's the liberty to act without interference or restriction from the government or others allowing you to exercise autonomy in certain areas of your life.
As an example, freedom of speech means you are free to express your opinions without censorship or restraint, subject to legal limits. Freedoms are generally broader and focus on what you are allowed to do, as opposed to rights, which also include what you are entitled to receive or how others must behave toward you. This means that body autonomy is a hallowed area of self governing with no restrictions.
Rights can also be looked at as legally enforceable by state and codified laws. Also, they can be moral, rooted in ethical principles and philosophical traditions but not enforceable by law.
Rights can also be positive and negative. Positive rights require action from others, a duty to provide something such as education, healthcare, or social services. Whereas negative rights require non-interference imposing a duty to refrain from interfering such as the right to privacy and free speech.
The Medical Freedom Amendment is written as a guarantee of the specific right to medical choice and at the same time freedom of medical choice, medical privacy, informed consent. Medical freedom is very broad and has within it a balancing effect between the individual freedom and the collective rights. In this case public safety.
The second part of the Amendment addresses this issue and sets the standard for restricting medical freedom as requiring "individual and specific judicial warrant supported by Oath and affirmation of necessary cause to protect Society from Harm describing the Individual's condition and danger it presents."
Here are some other important documents regarding Rights and Freedom. The United States Constitution with its Bill of Rights, In 1948 the United Nations passed a Universal Declaration of Human Rights (UDHR) that outlines both rights and freedom. There is also the European Convention on Human Rights (ECHR) also guarantees freedoms like speech and movement, alongside positive rights like the right to education and a fair trial. Also present is the International Covenant on Civil and Political Rights (ICCPR), a treaty that outlines basic civil and political freedoms on an international scale.
Here is the Medical Freedom Amendment:
"All people have the Right to secure their Health in the manner they choose. Congress, the President, State Legislatures and Executives, Governmental Agencies or Departments shall make no law, rule, regulation, countermeasure, executive, emergency order, or enter into any treaty or international agreement that impedes the Individual's rights to informed consent nor right to medical choice nor freedom of medical choice. The treaty provision of Article VI of this Constitution shall not apply in any way to this amendment."
"Nor shall the President, Congress, State Legislatures and Executives, Governmental Agencies or Departments make any law, rule, regulation, countermeasure, executive, emergency order, or enter into any treaty or international agreement that impedes the Individual's right to medical privacy and freedom without individual and specific judicial warrant supported by Oath and affirmation of necessary cause to protect Society from Harm describing the Individual's condition and danger it presents."
Support the National Health Federation’s Medical Freedom Amendment Campaign to connect with your legislators and aid the lobbying of the NHF. The time is NOW!
-Michael LeVesque-
A right is a legally or morally granted entitlement that imposes an obligation on others to either do something or refrain from doing something in order to ensure the right is upheld. It is enforceable by law, and if violated, the law provides remedies or protections.
As an example, the right to a fair trial means the government and courts must ensure you receive a fair judicial process. Rights are often specific, and their application involves active duties or prohibitions on the state or other entities. The right to medical freedom is a legally enforceable right of obligation regarding the choice of any medical intervention to be decided the person receiving it.
A freedom, on the other hand, typically refers to the absence of constraints or restrictions. It's the liberty to act without interference or restriction from the government or others allowing you to exercise autonomy in certain areas of your life.
As an example, freedom of speech means you are free to express your opinions without censorship or restraint, subject to legal limits. Freedoms are generally broader and focus on what you are allowed to do, as opposed to rights, which also include what you are entitled to receive or how others must behave toward you. This means that body autonomy is a hallowed area of self governing with no restrictions.
Rights can also be looked at as legally enforceable by state and codified laws. Also, they can be moral, rooted in ethical principles and philosophical traditions but not enforceable by law.
Rights can also be positive and negative. Positive rights require action from others, a duty to provide something such as education, healthcare, or social services. Whereas negative rights require non-interference imposing a duty to refrain from interfering such as the right to privacy and free speech.
The Medical Freedom Amendment is written as a guarantee of the specific right to medical choice and at the same time freedom of medical choice, medical privacy, informed consent. Medical freedom is very broad and has within it a balancing effect between the individual freedom and the collective rights. In this case public safety.
The second part of the Amendment addresses this issue and sets the standard for restricting medical freedom as requiring "individual and specific judicial warrant supported by Oath and affirmation of necessary cause to protect Society from Harm describing the Individual's condition and danger it presents."
Here are some other important documents regarding Rights and Freedom. The United States Constitution with its Bill of Rights, In 1948 the United Nations passed a Universal Declaration of Human Rights (UDHR) that outlines both rights and freedom. There is also the European Convention on Human Rights (ECHR) also guarantees freedoms like speech and movement, alongside positive rights like the right to education and a fair trial. Also present is the International Covenant on Civil and Political Rights (ICCPR), a treaty that outlines basic civil and political freedoms on an international scale.
Here is the Medical Freedom Amendment:
"All people have the Right to secure their Health in the manner they choose. Congress, the President, State Legislatures and Executives, Governmental Agencies or Departments shall make no law, rule, regulation, countermeasure, executive, emergency order, or enter into any treaty or international agreement that impedes the Individual's rights to informed consent nor right to medical choice nor freedom of medical choice. The treaty provision of Article VI of this Constitution shall not apply in any way to this amendment."
"Nor shall the President, Congress, State Legislatures and Executives, Governmental Agencies or Departments make any law, rule, regulation, countermeasure, executive, emergency order, or enter into any treaty or international agreement that impedes the Individual's right to medical privacy and freedom without individual and specific judicial warrant supported by Oath and affirmation of necessary cause to protect Society from Harm describing the Individual's condition and danger it presents."
Support the National Health Federation’s Medical Freedom Amendment Campaign to connect with your legislators and aid the lobbying of the NHF. The time is NOW!
-Michael LeVesque-
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