Transcript PRACTICE OF MEDICINE Defined

Codex Alimentarius
Health Freedom UPDATE
Presenters and Collaborators:
Diane Miller JD
National Health Freedom Coalition
www.nationalhealthfreedom.org
Scott Tips JD
National Health Federation
www.thenhf.com
Diane Miller Copyright 2011
Health Freedom
Health freedom is the
fundamental natural right of
survival and personal
sovereignty.
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International Declaration of Health Freedom 2006
Recognition of the inherent
dignity of the equal and
inalienable rights of all members
of the human family is the
foundation of freedom, justice,
and peace in the world.
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Laws
State
Federal
International
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International
Regulations
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CODEX
Alimentarius
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United Nations Program
Established
1963
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United Nations - FAO
Food and Agricultural Organization
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United Nations - WHO
World Health Organization
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Joint Program
FAO and WHO
Codex Alimentarius Commission
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CODEX ALIMENTARIUS
172 Countries
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FAO/WHO
Dual Goals
Broad Jurisdiction
. Protecting the health of consumers
. Ensuring fair practices in food trade
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HARMONIZATION CONCEPT
merging health and food safety
“The harmonization of food standards
is generally viewed as a prerequisite
to the protection of consumer health
as well as allowing the fullest
possible facilitation of international
trade.”
Codex website 2005
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CODEX ALIMENTARIUS
Voluntary Compliance
“until”
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WTO - 1994
Independent Trade Organization
Member countries join by contract
Enforceable by Dispute Resolution Body
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WTO
Enforceable by Dispute Resolution Body
Case by Case
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WTO → Codex
WTO Agreements refer to Codex as
the international standard to be used
by WTO members for trading food
goods.
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WTO
Majority of WTO members
are
Codex Alimentarius members
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WTO
Will WTO be a vehicle for the
enforcement of Codex?
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Regional Trade
Agreements
Will other regional trade agreements
such as CAFTA and NAFTA point
to Codex and affirm the enforcement
of Codex standards or guidelines?
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Freedom Infringements
Core Problem
Disregard for Over-breadth
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MERGER
FREEDOM ALERT
Regulation of food for food safety
+
Regulation of people for people health
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DIFFERENT
Concerns
Regulating Products
≠
Regulating People
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CODEX COMMENTS
WHY THE PROGRESS OF
HARMONIZATION IS IMPEDED
PEOPLE !!!!!
-Different legal and administrative systems
-Varying political power systems
-National attitudes and concepts of sovereign rights
Codex Website 2005
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BEFORE REGULATING
PEOPLE
Government MUST consider:
Fundamental rights
Freedom of self-determination
National sovereignty
Human rights
Cultural diversity
Right to fairness and due process
Least restrictive means of regulation
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PEOPLE HEALTH FREEDOMS
Educate
Pray
Sell
Recommend
Use
Refuse
Freedom of Speech
Freedom of Religion
Commerce Law
Freedom of Speech
Self-determination
Self-determination
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LEAST
RESTRICTIVE MEANS
Examples:
Voluntary is less restrictive than
Mandatory
Exemptions are least restrictive with conditions
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WHO DRAFTS THE
STANDARDS?
27 CODEX Committees
Examples
• Codex Committee on Fats and Oils
• Codex Committee on Fish and Fishery Products
• Codex Committee on Food Additives
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What Food Has Codex Set
Standard For?
Examples
1981 - Standard for Fresh Fungus "Chanterelle“
2007 - Regional Standard for Canned Humus with Tehena
300 + MORE
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What Does Codex Have to
Do with Labels?
•
General Standard for the Labelling of Prepackaged Foods
•
General Standard for the Labelling of Food Additives when sold as such
• Standard for Labelling of and Claims for Prepackaged Foods for Special Dietary
Use
•
Standard for Labelling of and Claims for Foods for Special Medical Purposes
•
Guidelines on Nutrition Labelling
• Guidelines for the Production, Processing, Labelling and Marketing of Organically
Produced Foods
• Proposed Draft Compilation of Codex Texts Relevant to Labelling of Foods
Derived from Modern Biotechnology”
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What Standard Impacts
Dietary Supplements?
Codex Committee on Nutrition and
Foods for Special Dietary Uses –
Host, Federal Republic of Germany
“Guidelines for Vitamin and
Mineral Food Supplements”
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What Standard Impacts
Labelling of GMO’s
Codex Committee on Food Labelling
Host - Canada
“Proposed Draft Compilation of
Codex Texts Relevant to Labelling
of Foods Derived from Modern
Biotechnology”
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“Codex envisages a world afforded the highest
attainable levels of consumer protection
including food safety and quality. To this end,
the Commission will develop internationally
agreed standards and related text for use in
domestic regulation and international trade in
food that are based on scientific principles and
fulfill the objective of consumer health protection
and fair practices in food trade….”
Codex Strategic Plan Document
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CODEX
International Guidelines for Trade
Vitamin & Mineral Guidelines
PASSED!
Italy, July 2005
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WATCH Burdens of Proof
REGULATE PEOPLE
Government must show there is imminent risk of
significant public harm before restricting people’s
rights, and address all people’s right issues
vs.
REGULATE KNOWN TOXINS
Manufacturers must show safety and benefit before
marketing
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Watching for merger power
Mixing
“food law”
and
“people law”
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Freedom
Alert!
CODEX Vitamin and Mineral Food Supplement
GUIDELINES
FREEDOM INFRINGING LANGUAGE
“ Most people who have
access to a balanced diet
can usually obtain all the
nutrients they require from
their normal diet.”
(underline added)
Draft Guidelines for Vitamin and Mineral Food Supplements
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People DOGMA:
There is a proper
“balanced” way to get
nutrients which is
considered “normal”
CODEX Vitamin and Food Supplement
GUIDELINES
FREEDOM INFRINGING LANGUAGE
“ Because foods contain many
substances that promote health,
people should therefore be
encouraged to select a
balanced diet from food before
considering any vitamin and
mineral supplement.” (underline
added)
Draft Guidelines for Vitamin and Mineral Food Supplements
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People DOGMA
Does this mean Vitamins
and Minerals are not
really food?
CODEX Vitamin and Mineral Food Supplement
GUIDELINES
FREEDOM INFRINGING LANGUAGE
“Vitamin and mineral food
supplements should contain
vitamins/ provitamins and
minerals whose nutritional value
for human beings has been
proven by scientific data and
whose status as vitamins and
minerals is recognized by FAO
and WHO.” (underline added)
Draft Guidelines for Vitamin and Mineral Food Supplements
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People
Violation
Burden of proof
shifting with
“should”
No preliminary and
mandatory
showing of
imminent risk of
significant harm
before restricting.
CODEX Vitamin and Mineral Food Supplement
GUIDELINES
FREEDOM INFRINGING LANGUAGE
“Maximum amounts of vitamins and
minerals in vitamin and mineral
food supplements per daily portion
of consumption as recommended
by the manufactures shall be set,
taking the following criteria into
account: (underline added)
Draft Guidelines for Vitamin and Mineral Food Supplements
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People
Violation
Burden of proof shifted
from government to
manufacturers
No preliminary and
mandatory showing
of imminent risk of
harm.
CODEX Vitamin and Mineral Food Supplements
GUIDELINES
FREEDOM INFRINGING LANGUAGE
“(a) upper safe levels of vitamins and
minerals established by scientific
risk assessment based on generally
accepted scientific data, taking into
consideration, as appropriate, the
varying degrees of sensitivity f
different consumer groups:”
(underline added)
Draft Guidelines for Vitamin and Mineral Food Supplements
Diane Miller Copyright 2011
People Violation
Conventional science
above
people’s choice,
Government has not
first proven risk of
significant harm.
FREEDOM ALERT!
Maximum Amounts of Vitamins and Minerals
Shall Be Set !
Upper safe levels…
established by scientific risk assessment!
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Rationale
EXPORTS and IMPORTS
Countries can export products to neighbors that are
Codex compliant
Countries cannot block imports that are equal to or less
than Codex limits unless the receiving country treats
vitamins and minerals as drugs.
FREEDOM ALERT! WHAT ABOUT NO UPPER LIMITS ?
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FREEDOM ALERT!
No rationale for upper limits on food!
Burden of Proof shifting
AT THE PRICE OF PERSONAL
FREEDOM
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FREEDOM DEMAND!
On behalf of the people, no upper limits shall be
placed on amounts of food content in products
being traded where a food has not been shown
by a government by clear and convincing
evidence to cause imminent and significant
harm to the public.
Burden of Proof remains with the government
FREEDOM OF ACCESS!
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GMO Labelling
Partial Victory
May 2011
“Proposed Draft Compilation of Codex Texts
Relevant to Labelling of Foods Derived from
Modern Biotechnology”
Headed for Final Approval July 2011!!
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CODEX GMO Labeling Draft GUIDELINES
FREEDOM LANGUAGE
“The purpose of this document is
only to recall and assemble in a
single document some important
elements of guidance from
Codex texts, which are relevant
to labelling of foods derived
from modern biotechnology.”
(underline added)
Draft Guidelines for GMO Labeling
Diane Miller Copyright 2011
People:
Looking out for the
people???
CODEX GMO Labeling Draft GUIDELINES
FREEDOM LANGUAGE
“The purpose of this document is
only to recall and assemble in a
single document some important
elements of guidance from
Codex texts, which are relevant
to labelling of foods derived
from modern biotechnology.”
(underline added)
Draft Guidelines for GMO Labeling
Diane Miller Copyright 2011
People:
Looking out for the
people???
CODEX GMO Labeling Draft GUIDELINES
FREEDOM LANGUAGE
Different approaches regarding
labelling of foods derived from
modern biotechnology are used.
Any approach implemented by
Codex members should be
consistent with already adopted
Codex provisions.
(underline added)
Draft Guidelines for GMO Labeling
Diane Miller Copyright 2011
People Protected:
Protecting country
rights to address
this as they see fit
for their peoples.
CODEX GMO Labeling Draft GUIDELINES
FREEDOM INFRINGING LANGUAGE
This document is not intended to
suggest or imply that foods
derived from modern
biotechnology are necessarily
different from other foods
simply due to their method of
production.
(underline added)
Draft Guidelines for GMO Labeling
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People attempt at
DOGMA:
One side lobbying
their views.
FREEDOM VICTORY!
Different Approaches are
Acknowledged !
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FREEDOM ALERT!
UNITED STATES
NEEDS TO
DEMAND LABELING
OF GMOS
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H.R. 5577
Introduce June 23, 2010
Mr. KUCINICH
Mr. DEFAZIO
Mr. FRANK of Massachusetts
Mr. GRIJALVA
Mr. MCDERMOTT
Mr. STARK
Ms. WOOLSEY
referred to
the Committee on Agriculture
the Committee on Energy and Commerce
Diane Miller Copyright 2011
Consumers Around the World
…Want…
To preserve their access to, and the
quality of, foods and nutrients that
they desire or need.
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Burden of Proof
Food
– burden on government
People
– burden on government
Toxins/Drugs – burden on manufacturers
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Consumers Want
Purity – No Adulteration
Quality – No spoilage or diminished value
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Consumers Want
NO TOXINS
Toxic chemicals and chemical residues
Toxic food additives
Toxic Pesticides and Fertilizers
Toxic Pathogens
Toxic ingredients and preservatives
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Consumers Want
Content Verification
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Consumers Want
Safe Packaging
Safe Shipping Environment
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Consumers Want
Truthful Labeling
Significant Facts that Impact Choice
Non-misleading labeling
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Consumers Want
Warnings
When probable cause shows need.
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Consumers Want
Maximized Options
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Consumers Don’t Want
Consumers do not want access
limited or blocked
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ITALY 2005
Which countries stood up during the
floor debates at Codex and spoke to
health freedom?
Diane Miller Copyright 2011
China at Codex
ITALY 2005
China stated that every government in making
decisions about vitamins and minerals should
take into account the dietary limitations of
their own countries, that governments can
select vitamins and minerals according to the
customs and habits of their country. China
also pointed out that there should be definitions
of the sources of vitamins.
Diane Miller Copyright 2011
ITALY 2005
Which NGO stood up during the floor
debates at Codex and spoke to health
freedom?
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ITALY 2005
Which NGO stood up during the floor
debates at Codex and spoke to health
freedom?
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NHF at Codex
ITALY 2005
NHF - National Health Federation requested the
guidelines not be adopted but rather be sent back to
committee for 3 important reasons. First, according to
Codex rules a "purpose" statement must be part of all
guidelines adopted and the Vitamin and Mineral
guidelines did not contain a purpose. Secondly, the
guidelines did not define vitamin and mineral and
therefore it is unclear as to what is being regulated. And
lastly, that the Chinese comments were substantive and
according to Codex rules on page 27 of the procedural
manual, a substantive amendment request should be
addressed at the committee
level
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CANADA 2011
Which countries stood up during the
committee meetings and promoted
labeling of GMOs?
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Codex Committee
CANADA 2011
“The Western Hemispheric countries of Canada,
the United States, Mexico, Costa Rica, Chile, and
Argentina (but not Brazil or Bolivia) have taken
a united stand against the mandatory labeling of
GMO food products because they have known
that consumers, by a vast majority, even in their
own countries, will shun GMO foods.”
(quote Scott
Tips National Health Federation)
Diane Miller Copyright 2011
Codex Committee
CANADA 2011
“The countries that have taken a consistently strong
stand in favor of GMO labeling are the European Union,
France, Germany, Hungary, Norway, Switzerland,
Morocco, Kenya, Cameroun, Ghana, Mali, and the
always outspoken Malaysia, supported by the consumer
INGO delegations of Consumers International,
International Baby Food Action Network (IBFAN), and
of course the National Health Federation. Importantly,
the EU delegation head, Jerome Lepeintre, was the
steadfast leader of the pro-labeling forces that finally
achieved a positive result.”
(quote Scott
Tips National Health Federation)
Diane Miller Copyright 2011
CANADA 2011
Which NGO spoke on behalf of
consumers during the Codex Labeling
Committee
Diane Miller Copyright 2011
NHF at Codex Committee
Canada 2011
NHF - National Health Federation worked
hard to align with country delegates who
supported labeling and in the end states that:
“When this Guideline is finally adopted, however, the U.S. will no
longer be able to use this club effectively since the developing
countries can point to a Codex document – enforceable by WTO –
that says that Codex has authorized and accepted the labeling of
GMO foods. Various wording throughout the Guideline supports the
right of individual countries to enact and enforce labeling of GMO
foods.”
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Now What – July 2011
National Health Federation will attend
the Codex annual meeting and will
seek its adoption at CAC despite any
imperfections.
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Now What – WHO
WHO - World Health Organization
presented Lim 6 –“Implementation of
the WHO Global Strategy on Diet,
Physical Activity and Health: Action
that Could be Taken by Codex”
(CAC/28 LIM/6):
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Risk Assessment
Not “If” but “Which”
Thailand meeting
Should the same risk assessment be applied
to vitamins and minerals that is applied
to toxic substances?
What about their benefits!!!
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BEYOND CODEX
Security and Prosperity
and Trilateral Cooperation Charter
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Security and Prosperity
Partnership of North America
March 2005
US – Mexico - Canada
“…societies safer and more secure, our businesses more
competitive, and our economies more resilient."
Joint Statement by
President Bush
Prime Minister Martin
and President Fox
March 23, 2005
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Security and Prosperity
Partnership of North America
No signature or treaty
No legislative oversight
Is the US government setting a
policy foundation for a
North American Union?
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Trilateral Cooperation Charter
Signatories
United States:
FDA & FTC
Canada:
Health Products and Food Branch
Canadian Food Inspection Agency
Competition Bureau
Mexico:
Federal Comm for Protection from Sanitary Risks
Federal Office of Judge Advocate General of Consumers
Diane Miller Copyright 2011
Trilateral Cooperation Charter
Purpose: To increase communication,
collaboration, and the exchange of
information among the three countries in
the areas of drugs, biologics, medical
devices, food safety and nutrition to protect
and promote human health.
Diane Miller Copyright 2011
“Trilateral Cooperation Charter”
Working Group
Combating health fraud:
Health Fraud Defined:
“The false, deceptive, or misleading promotion,
advertisement, distribution, sale, possession for sale, or
offering for sale of products or provision of services,
intended for human use, that are represented as being
safe and/or effective to diagnose, prevent, cure, treat, or
mitigate disease (or other conditions), to rehabilitate
patients or to provide a beneficial effect on health.”
Diane Miller Copyright 2011
Trilateral Cooperation Charter
“MUCH” - PRIORITIES
- Enforcement Action on Fraudulent weight
loss products
- Explore a web-based site to gather
information from fraud cases on one site
- Develop criteria for selecting health fraud
cases
Diane Miller Copyright 2011
BEYOND
Trilateral Cooperation Charter
HARMONIZATION
World wide challenge
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WHO IS Representing YOU!
We need to be at the table long term if we
plan to make a difference and protect
health freedom.
World
Health Freedom Assembly
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World
Health Freedom Assembly
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Assembly - Founders
Friends of Freedom International
Live Longer Educational Foundation
Kommittén för Alternativ Medicin
Citizens for Health
Healthkeepers Alliance
National Health Freedom Action
Sunshine Health Freedom Foundation
Native Americans
Alliance for Health Freedom Australia
Salud Natural A.G.
New Health
New Zealand Health Trust
National Health Freedom Coalition
Peter Helagson
Trueman Tuck
Birgitta Holmner
Jim Turner
Wendell Whitman
Clinton Miller
Joan Vandergriff
Mark Ravenhair
Michael Bending
Ronald Modra
David Sloan
David Sloan
Diane Miller
Diane Miller Copyright 2011
Canada
Canada
Sweden
USA
USA
USA
USA
USA
Australia
Chile
NZ
NZ
USA
International Declaration
of Health Freedom
Passed by World Health Freedom Assembly
and Advisory Organizations
September 30, 2006
Additional Courier Signatures
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United States
Health Freedom Assembly
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Need Leaders
Who understands health freedom?
Who wants health freedom?
Who teaches health freedom?
Who lives health freedom?
Diane Miller Copyright 2011
Build Health Freedom
Relationships
Brick by Brick
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Principles
of
Health Freedom
Diane Miller Copyright 2011
Principle #1.
The fundamental right of selfdetermination of individuals, to be let
alone to survive on their own terms
and in their own manner.
Diane Miller Copyright 2011
Principle #2.
The freedom to perceive and to act
as one wishes to secure health and
survival.
-Speak freely
-Move about and associate freely
-Perceive, believe, meditate, and pray freely
- Practice the healing arts
Diane Miller Copyright 2011
Principle #3
The freedom to access who and what
one needs or prefers for ones health
and survival
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Principle #4
The responsibility to do no harm
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Principle #5
The responsibility to respectfully
tolerate diverse options in health,
healing, and survival choices.
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Principle #6
The duty of corporations and institutions to be
trustworthy entities upholding health freedom
rights and liberties of members of the human
family, and abiding by health freedom
responsibilities.
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Principle #6B
And in light of the special legal nature of
corporate entities and their systemic
impact on the human family, the duty to:
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#6B -1
-honor and preserve the sovereign nature
of individuals, the sovereignty of the
United States; and avoid any negative
impact on the sovereignty of other nation
states;
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#6B-2
-honor and preserve American financial
and cultural diversity and multicultural
systems, and avoid negative financial or
cultural impacts on other nation states;
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#6B-3
-avoid creating or being monopolies, and
avoid the use of large monopolistic
ownership of resources to dominate
cultures, public policies, regulations and
laws;
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#6B-4
-avoid dominant control of natural
resources, avoid the suppression of access
to natural resources, and avoid potentially
harmful modification or destruction of
natural resources; and
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#6B-5
-avoid promotion of products, protocols, policies,
regulations, or laws, that would encourage unlimited
dependence on corporations and institutions, or that
would discourage, prohibit, or otherwise negatively
impact the ability or will of humans and local human
communities to survive and prosper without the
corporation of institution.
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Principle #7
The duty of the government to protect
health freedom and to make no law or
public policy abridging health freedom or
its fundamental principles.
Diane Miller Copyright 2011
BE AN AGENT OF
CHANGE
Laws and customs must be
carefully reviewed, revised, and even
repealed if necessary, and new laws
created, to reflect the development,
evolution, and spiritual maturization of a
people.
-Diane Miller
Diane Miller Copyright 2011
Action Steps
TO PROTECT FREEDOM
Sign Up with a freedom group
Act or Volunteer to make freedom
happen in your state and country
Donate to health freedom workers
Diane Miller Copyright 2011
NATIONAL HEALTH FREEDOM
COALITION
A 501(c) 3 Educational Nonprofit Organization
NATIONAL HEALTH FREEDOM
ACTION
A 501 (c ) 4 Lobbying Organization
Diane Miller JD
Director of Law and Public Policy
PMB 218, 2136 Ford Parkway
St. Paul, MN 55116-1863
www.nationalhealthfreedom.org
E-mail: [email protected]
651-690-0732
Diane Miller Copyright 2011
NATIONAL HEALTH
FEDERATION
A 501 (c ) 4 Lobbying Organization
www.thenhf.com
Diane Miller Copyright 2011
Freedom to Heal
Diane Miller Copyright 2011
Freedom:
A
Sacred
Attitude
Towards
The
Experience
Of Life
Diane Miller
Diane Miller Copyright 2011
Diane Miller Copyright 2011