Deense vrouw Marianne Højgaard Jensen is de eerste die de VN toegang vraagt tot Medicinale Cannabis
Marianne (CCPR) is toegewijd patiënte uit Denemarken die haar zaak via de advocaat (mensenrechten) Poul Hauch Fenger, tot het VN Mensen Rechten commitee heeft gewend, voor de toegang tot cannabis als medicijn.
Het is voor de eerste keer dat iemand dit doet.
Goed gedaan Marianne, wij in Nederland staan achter je en ondersteunen je.
From the Hauch Fenger Lawfirm, Copenhagen, Denmark:
“For the first time, a case on the use of cannabis based medicine will be brought before the United Nations Human Rights Committee (CCPR). The illegalisation must be put to an urgent test. To save lives.
My client. Ms. Marianne Hojgaard Jensen. suffers from Complex Regional Pain Syndrome (CPRS) type 2, stage 3.
All possible avenues for the treatment of my client have been exhausted. She also suffers from severe allergic reaction to regular medication including morphine-based painkillers, thus forcing her to a life of almost unbearable agonising constant pain. Only cannabis-based medicine brings her some relief.
Under Danish law she is prevented from receiving the only possible medical treatment that can let her live a descent. bearable life. Safe from pain, safe from harm.
Time has come to seek vindication of her rights at the international level by lodging a complaint with the United Nations Human Rights Committee against Denmark for violation of her rights inherent and protected inter alia in the International Covenant of Civil and Political Rights (ICCPR).
Ms. Marianne Hojgaard Jensen:
I become a criminal when I, as a patient act in self-preservation by using cannabis-based medicine, as it is currently illegal in Denmark
It is not only about being disabled. but about being sick. Regardless of diagnosis or stage of the disease, the right to a free choice, apply to all. Based on this I will. with my lawyer Mr. Poul Hauch Fenger refer the matter to the United Nations Human Rights Committee. For my own sake and for the thousands of other people in Denmark and abroad who are in an equally intolerable legal, moral and human no man’s land.
On behalf of first and foremost my client, but also the thousands of people in the world, who live a similar life with diseases that can be treated with cannabis-based medicine. we wish to submit that the positive obligation of a state to protect the life and dignity of it’s citizens, also includes facilitating adequate legislation that will allow them to use cannabis-based medicine. Cannabis-medicine is scientifically established to alleviate pain for patients suffering from certain severe diseases. with little or no side effects.
Until now, these people live in a medical and legal vacuum, with only little dignity left. This is not in keeping with international human rights and will be challenged in the United Nations Human Rights Committee.
In the United Nations Declaration on Human Rights, in the ICCPR, and in the International Covenant on Economic, Social and Cultural Rights it is clearly stated that all people are entitled to the rights and freedoms contained therein, without any kind of discrimination. The UN Convention on the Rights of Persons with Disabilities (UNCRPD) similarly contains provisions by which the rights holders themselves have entitlements to choose their own medicine. It is our position that it constitutes a breach of a number of international conventions when a state prevents a patient’s access to the only medicine that can treat the disease they suffer from.
Article 15 of the UNCRPD establishes that “No one shall be subjected to medical or scientific experimentation without his or her free consent”. This is exactly what these people are.
The Preamble of the Convention recognises the importance of people with disabilities and that they have the right to personal autonomy and independence, including the freedom to make their own decisions of fundamental personal importance, such as decisions about their health and medical condition and the choice of recommended treatments approved by their professional health care practitioner.
Articles 10 and 17 of the Convention reconfirm that every human being has the inherent right to life and that States Parties should take all necessary measures to ensure that people with disabilities can effectively enjoy this right and ensure the respect for his physical and mental integrity on an equal basis with others.
None of these rights, however, can be enjoyed by my client or anyone else in Denmark and numerous other countries. Possession of cannabis is contrary to the law and there is no exception for reasonable access for medically approved use.
In Canada, everyone, not just citizens, has the right the right to life, liberty and the security of their person in the right not to be deprived thereof except in accordance with the principles of fundamental justice. (Section 7 of the Canadian Charter of Rights and Canada).
HAUCH FENGER LAWFIRM
The use of cannabis-based medicine to be brought
before the United Nations Human Rights Committee (CCPR)
En heb je dit artikel al gelezen?
1. Elke patiënt heeft het recht op toegang tot cannabis en cannabinoïden voor een medische behandeling onder toezicht van een arts.
2. Elke arts heeft het recht om zijn of haar patiënten met cannabinoïden en cannabis producten te behandelen
Deze verklaring is gebaseerd op de Universal Declaration of Human Rights aangenomen door de United Nations in 1948, die zegt dat “iedereen heeft het recht op leven, vrijheid en onschendbaarheid van persoon” (artikel3).