CAN THE FUNDAMENTAL FREEDOMS ACTION PLAN CONTRIBUTE TO RESTORE THE BROKEN REPUBLIC AND PUBLIC HEALTH?

Contribution to the rejuvenation and empowerment of Washington State and  the Nation

LIBERTÉ

“Because I feel Washington State should be leading the Nation in promoting a Spiritual Civilization based on holistic medicine, alternative energy, affordable housing, relevant education, a dynamic economy, bio-diversity, world development and meaningful access to justice, I respectfully propose my “FUNDAMENTAL FREEDOMS” PLAN OF ACTION.” (Christian Pierre Joubert, gubernatorial candidate, Washington State’s Voters Pamphlet, primary election, August 19th, 2008).

By Christian Pierre Joubert

Joubert  ran for the office of Governor during the Summer of 2008 under the Democrats. He is a  naturopath and lives in the Seattle area.  A former  organic agriculture French-descent peasant in South France and  law professor in Europe and Gonzaga Law School, (where he taught and set up the law school’s international human rights program in 1991), he has contributed in Washington State’s civic life in many ways, including, but not limited to litigation with a tobacco company against whom he argued the applicability of the "cause of action" called “crime against Humanity” and to litigation in a cancer medical malpractice case where he argued that alternative holistic medicine must be the new standard of care, given the weight of the scientific evidence.  

BOOK BACK-COVER

During the gubernatorial (governor's) primary elections of August 19, 2008, the most important election of Washington State, Christian Pierre Joubert and his "Fundamental Freedom's Action Plan" harvested nearly twice as many votes as the Greens and more than twice in relation to other minority and third parties. If we are to count the Republican Party and the G.O.P. as one movement, his Fundamental Freedom's Action Plan, as a platform, emerged as the third political force.

This success is based on the People's thirst for the expansion of additional fundamental freedoms and their desire to believe in a political philosophy whose Plan of Action proposes a credible method by which to satisfy the five basic needs all Civilizations have struggled with: (a) good vibrant and unpolluted food and water catering to life and reproduction (b), a decent and re-energizing shelter structure, (c) affordable health care and conditions under which lifestyle medicine is prevalent (d), meaningful access to education, culture, art and spiritual practice,(e) and equal access to an efficient Justice system, including, but not limited to civil justice, thanks to which security and all of the other freedoms mentioned above can be vindicated when necessary.

In this book, Christian Pierre Joubert explains what this credible method that satisfies people's basic needs is and reviews the 178 measures he proposed to Washingtonians during the primary elections, all of which would meaningfully contribute in the restoration of  our broken Republic.  Since many of these measures are inspired from Europe’s fundamental freedoms traditions and remain, in essence,  trans-frontier, they are also relevant for the other fifty States. And for the Nation.

WHAT THE PRESS SAID OF CHRISTIAN'S CAMPAIGN

"The best speaker of the evening - judging from audience reactions - was Christian Pierre Joubert who is running for Governor. His issues were health and prosperity but it was how he spoke to us that got us with him in just two minutes. Then he handled a couple snarky questions from a couple of well known political junkies who like to bait candidates. He absolutely dissed them. "Are you liberal or conservative?" "Well, I am both at different occasions. I have a left brain and a right brain and I like to use them both." Watch for this guy. You will enjoy listening to him and he says things that make sense". NORTHWEST CITIZEN. Bill Mize forum starts the season" by John Servais, (July 23, 2008)

A FEW RECOMMENDATIONS, ENDORSEMENTS AND COMMENTARIES .

" Visionary (...) Best of luck in the election. We need some fresh blood in all levels of our government ". Ben

" Pathways and linkages are happening throughout our sphere now!  (…) Knowing Christian Pierre Joubert for so remarkable an evening of vegan & vegetarian feasting and talk of what's wrong and how to fix it, beginning with ourselves, last Friday evening, along the Chuckanut, in northern Skagit County, doing this good candidate's divine mousse de chocolate ~ ~ ~ Ahhh! To embrace & endorse so well qualified a leader of our rapidly evolving  State of Washington (Bliss!), Cheers! For our next, and soon to be greatest governor, please, Vote for Joubert! Liberté! ". George Jay, Chuckanut WA 98232.

" We need a new political perspective for Washington State. One that moves beyond worn out paths of partisan politics. Christian Joubert will surely bring a fresh approach when he is elected Governor. Anyone who has read his website (christianforgovernor2008.com) will know this to be true.  There are no special interest groups or lobbyists behind his candidacy, only an honest desire to effect change for the better for the State of Washington. I urge the citizens of Washington to vote for Christian Joubert for Governor." Eli Chase Bellingham

“ I have embraced the holistic community for many years now and believe that we have to make major changes in order to live healthy productive lives. It will take me a few more days to explore all the information on your site. You seam to have everything in one place that I've been searching for. (...) Hope you day is filled with lots of encouragement from your supporters. Regards". Sandra

"  (…) we have seen Christian work tirelessly to spread the word about living well and healing naturally. He has a wealth of information on so many subjects and the desire to better mankind by sharing this wealth.  We believe that Christian is the new ideal for public servants – and we know him to be selfless in the pursuit of truth and justice ". Susan Park &Tom Armstrong Redmond WA (RawVegan Source)

"Christian Joubert make health his number one priority--with an emphasis on alternative health. He is also far ahead of the other state governor candidates on issues of global warming, renewable energies and world peace. A vote for Christian Joubert is a vote for sanity.”.  Patricia Herlevi, Mount Vernon, Washington

“…Since that time, I have been in constant admiration with how Christian solves problems. What i have noticed is that when he starts a project, he fully, totally commits himself to it." Father Gerard Messier, Assumptionist, Worcester and New York.

“ If the Greens seem too enamored of taxes and cops, consider gubernatorial candidate Christian Pierre Joubert. This earnest Democrat wants to build in Washington “a Spiritual Civilization based on holistic medicine, alternative energy, affordable housing” and freedom from hunger—this last, from “tree planting, vineyards, organic agriculture, health restaurants and the distribution of ‘superfoods’ (including but not limited to amazing dopamine-producing raw vegan chocolate mousses).” SEATTLE TIMES: EDITORIAL August 2, 2008 3:48 PM Space colonies, carbon rationing and dopamine-producing mousse Posted by Bruce Ramsey

“ The Democrats have another French Chris: Christian Pierre Joubert. He is perhaps hoping to win on name similarity, but he also could be hoping his compelling platform of complete and total socialism will win the day, by granting new "fundamental freedoms" such as freedom from diseases, pollution, waste, war, excessive mortgage, debt, homelessness, ignorance, alienation, recession, hunger, desert, world misery, injustice, and tyranny…If you were looking for a candidate to the immanentize of the eschaton, Joubert is your man. And he has a plan to do it: his first act as governor would be a toxicity test of every person in Washington, followed by true universal health care (including, of course, holistic medicine), which will be the cornerstone to his "New Holistic and Spiritual Civilization."  AUGUST 5, 2008  SOUND POLITICS:  Sound Commentary on Current Events in Seattle, Puget Sound and Washington State

“  (…) .If you have gotten the feeling that Christian Joubert is an extraordinary, multiply-skilled, bright, creative, incredibly-energetic and extremely moral and humane individual, then you are at least beginning to understand the fabulous array of positive qualities he brings to every endeavor. I feel that the citizens of any community would be extraordinarily served by any efforts he made on their behalf." DATED July 17, 2008: Robert Kiel, Attorney At Law (MA & FL) (Prior Fed. Govt. Labor Atty., Current Managing Atty. of Law Firm)

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INTRODUCTION

Hereinafter, a few of the core fundamental freedoms we are striving to get enacted and codified via well written acts of Congress and bills for Washington State's Legislature in Olympia. And then signed into law by the respective Executives. To facilitate the needed legal expansion of basic rights and Liberty, we have drafted multiple "Executive orders". But first, the priority of all priorities, without which wealth means little, the priority of health.

OUR CONSTITUTIONAL RIGHT TO BE HEALTHY AND FREE FROM POLITICALLY INDUCED CHRONIC DISEASES AND POLLUTANTS VIA THE ADOPTION OF TOXICITY REMEDY LEGISLATION,  HOLISTIC HEALTH FREEDOMS AND EQUAL ACCESS TO HOLISTIC HEALTH-CARE FOR ALL.

“For the first time, cancer has surpassed heart disease as the top killer of Americans under 85…. In 2002, the most recent year for which information is available, 476,009 Americans under 85 died of cancer compared with 450,637 who died of heart disease. ” (American Cancer Society’s annual report released in January 2005)

In healthy democratic Republics, people are not deprived from their fundamental right to benefit from equal access to holistic health (including, but not limited to genuine health-care choices) and freedom from persistent bioaccumulative chemical toxicity.  By holistic health we mean what the International Community has determined:

" Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity ” (The World Health Organization’s Constitution).

This norm is central to any national revival. And can not be achieved until  all Governments embrace first  the toxicity and detoxification challenge. And in the U.S.,  toxins and pollutants are increasing at an alarming rate.

"Chemicals such as lindane, lead compounds, and some brominated flame retardants and organophosphate pesticides are examples of persistent, bio-accumulative, and/or highly toxic chemicals that continue to be used in commerce, although strong evidence exists that they pose threats to human and ecosystem health. (...) With few exceptions, the U.S. government lacks the authority or an efficient policy instrument to prevent these high-priority chemicals from being used in products and processes or released to the environment. It also has been very difficult for state and local governments to restrict these chemicals. Policy instruments to efficiently and effectively phase out problematic chemicals are needed at all levels of government. (New Solut. 2007 Jan 1;17 (3):193-207 17959562).

Yet, other advanced Democracies are successful in banning bioaccumulative toxicity.  Some comparative evidence: Ingredients used in American personal care products: 10,500. Portion of chemical ingredients in cosmetics that have been assessed for health and safety by the industry’s self policing safety panel: 11 percent. Ingredients banned from cosmetics. USA 10. 

In Europe, home of the precautionary principle doctrine, instead of the 10 in the U.S.,  there were 1100 of these bioaccumulative toxins which were banned and considered unsafe (www.safecosmetics.org).   By precautionary principle, it is meant:

“When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically.” (Wingspread Statement, 1998)

In a similar vein, we can not achieve the goal of cutting chronic diseases by half in four years without the legal institutionalization of therapeutic (i.e., health, medical) freedoms, meaning that there should be a non discriminatory approach to all empirically-based health-care techniques. From the People's health perspective, there is a need to democratize the State's monopoly on "certified official medicine" and its consecration of the hegemonic mainstream Allopathic model, the effects of which causes, today multiple hundreds of thousands of avoidable deaths a year, much more that what occurred ten years ago, when the total was timidly reported in the well known JAMA being "from 230,000 to 284,000" avoidable deaths caused by "modern American Medicine" each year. (Note: by "iatrogenic cause" it is meant "medically caused").

“ The Health care system also may contribute to poor health through its adverse effects. (…). These total to 225,000 deaths per year from iatrogenic causes (...) If the higher estimates are used, the deaths due to iatrogenic causes would range from 230,000 to 284,000. In any case, 225,000 deaths per year constitutes the third leading cause of death in the United States, after deaths from heart disease and cancer” (Journal of American Medical Association. “Is the US Health really the best in the World ?” (JAMA. 2000:284:483-485): Doctor and Professor Barbara Starfield, (MD, MPH):

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The World Health Organization has classified over hundred medical approaches, of which the American official medicine (called allopathy, meaning drugs and surgery) is only one of these approaches. And the European Parliament has recognized over a dozen of them, from naturopathy, to homeopathy, phyto-therapy, aromatherapy and acupuncture and others. There are enough protective criminal laws to prevent medical deceit and heretic and-or orthodox quakery. The People need to be well informed and protected from the FDA's sub-standards and from pharmaceutical hegemony and decide themselves what is their best medicine and when needed, get public financial assistance for the health plan that works for them.

"Every human being of adult years and sound mind has a right to determine what shall be done with his own body”. THE HONORABLE Justice CARDOZO et al, in SCHLOENDORFF v. SOCIETY OF N.Y. HOSP., 211 N.Y. 125, 129, 105 N.E. 92, 93 (1914).

In this perspective, health professionals should inform patients of all scientifically based prognostic and treatment procedures, including alternative, natural, integrative, “cam” (complementary and alternative medicine) and holistic therapies, without which the patient's consent is not secured.

In conclusion, we are hoping that our leaders and executives will lead the Nation in institutionalizing a responsible free choice public-private holistic health system that would exclude no one.. Among other measures and pending Legislation, there is a need to promptly adopt two executive orders and one general health legislative advocacy plan.  

1. An executive order on persistent bioaccumulative toxic chemicals measures (See Appendix A).

2. A second executive order on measures to implement the People's right to benefit from equal access to holistic health and from a legal "holistic healers" status, (See Appendix B).

3. Legislative advocacy before the State Legislature and the US Congress of the Fundamental Freeoms Action Committee's 38 public health measures outlined in the Action Plan's platform (See Appendix C)

If these proposals were implemented, Washingtonians' and Americans' chronic diseases could be reduced by half in four years and there would be less urgency in establishing long term care services for the elderly and persons with disabilities, if only because holistic health and longevity medicine would bestow upon the majority of today's vulnerable Americans health, resiliency and strength.

In addition, thanks to the implementation of the Action Plan's detox and holistic health measures, there would be substantial savings for all parties, as chronic diseases drain much of the State's public finance and the People's savings and moral (one of seven dollars goes into the sickness-care system, see the evidence in chapter two). Indeed, medical bills are the first cause to bankruptcies and one of the first causes to foreclosures.

"Hundreds of thousands of Americans file for personal bankruptcy each year because of medical bills - even though they have health insurance, according to a new study by Harvard University legal and medical researchers". NEW YORK TIMES (Feb 2 2005).

Lastly, with the reduction of over half of chronic disease in four years, (and even more with time), patients would become their own healers,  they would be blessed with "new blood" and "high spirits", there would thus be no need for assisted "suicide" via lethal prescription drugs. Being "elderly" does not equate to being "sick". See the Vilcabambans (Equator mountains), Hunza (Himalaya mountains) and other centenarians villages where there are few if any chronic diseases (see APPENDIX D). Or consider one of the groups in the U.S. medical sociologists have been investigating for decades, the Seven Day Adventists:

"SDA's have the same sex, age, socio-economic, educational, occupational, ethnic and cultural profile as the rest of the modern man, yet they have greater than 50% less chance of cancer because they follow the Bible Health Principles for an Abundant Life by ingesting a vegetarian diet and living a happy wholesome lifestyle. As a result on average they also live 12 years longer than the average modern man today today." (See chapter three for the evidence and details)

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Sickness is a result of not paying attention. of violating lifestyle medicine's priniples, of closing one's eyes to minority hegemony, of not "checking and balancing" the take-over of the American Republic by a self serving mis-educated finance minority whose "love" of GDP (gross domestic product, = money) and greed is stronger than his duties to Community and to our Constitutions.

The "normal" path to "death" should not be via a poison-delivery killing machine, as the natural way for one's soul to leave Planet Earth when one is ready, remains in one's deep sleep, naturally, painlessly, joyfully, in harmony with the Great Spirit. The normal expiration channel. Even though Washington State November 4th ballot initiative measure No. 1000 on assisted suicide sounds compassionate for patients who are suffering excruciatingly, the best response to chronic pain is to use well established holistic longevity medicine so that we can avoid chronic diseases and deep  pain in the first place. Death row inmates also often leave Planet Earth via "lethal prescription". To refuse to explore alternative and innovative medicine and effective holistic pain management techniques before enriching pharmaceutical companies and shortening patients lives is not reasonable.

On the other hand, keeping active the present law on medically assisted suicide (i.e. felony class c) and incarcerating compassionate physicians for responding to the suffering patient's plea for assisted suicide (e.g. the morphine drip which in reality is often the common practice) is unethical (See Action Plan's measure number 33 for the details on this issue).

 THE SECOND CORE FREEDOM: THE RIGHT TO BENEFIT FROM MEANINGFUL AND EQUAL ACCESS TO CIVIL JUSTICE AND FREEDOM FROM JUDICIAL OPPRESSION AND NEGLIGENCE

"A statewide report, however, showed 80 percent of low-income individuals in Washington facing a critical legal need do so without legal assistance each year."Stanley A. Bastian, President WSBA (December 7th, 2007)

Washingtonians and Americans would also benefit from their constitutional right to enjoy equal and meaningful access to civil justice. Not only is this project not that difficult to achieve (SEE THE APPENDIX E FOR THE EVIDENCE), but this initiative would also greatly benefit both the Nation and the State while it would guarantee the People's health and other fundamental rights.

As recently stated, the Washington State Bar Association (WSBA) President Stanley A. Bastian regarding this issue:

"This case highlights the need to greatly expand access to civil legal services in Washington, particularly when basic human needs are at stake such as in child custody disputes. Every day, people around the state appear in court without legal representation. And they often do so by necessity, rather than choice. Those individuals are also often unable to effectively present their cases in a court. Access to the justice system is a fundamental right, and no person should be denied access simply because they are poor. The WSBA will continue to work with the Legislature to expand access to our court system in Washington."

This constitutional right is central to any Democratic restoration. The present interpretation of our Constitutions in this matter is immoderately self-serving to special interests whose powerholders have no class interests in enboldening and strengthening the working masses. Even the more enlightened members of the US Supreme Court confirmed what our "equal protection of the laws" norm implies:  

“…We have recognized that the promise of equal justice for all would be an empty phrase for the poor, if the ability to obtain judicial relief were made to turn on the length of a person's purse. It is true that these cases have dealt with criminal proceedings. But the Equal Protection Clause of the Fourteenth Amendment is not limited to criminal prosecutions. Its protections extend as well to civil matters". 351 US 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956). (Opinion written by Supreme Court Justices Black and Renquist).

In matters of Justice and for a Democratic Republic, finances should never be an obstacle. Our Constitutions grant us the equal protection of the laws not only for liberty issue, but also for life and property issues (cf the precise wording of the 14th Amendment and see Chapter 14 and website section 1, part 14).

Our "Pledge to the Flag" prayer "...with Liberty and Justice for all " confirms that meaningful access to Justice is at the heart of our democratic Republic. Yet, except for presumed criminals and commitments to mental hospital cases which concern "liberty" issues, pratically no State of the Union grants public legal aid for tort, property or even family conflicts.

In many other advanced democracies, this civil versus criminal public legal aid discrimination can not be constitutionally accepted. Incorporated within the fundamental rights Charter of the European Union, article 47 provides in pertinent part:

 «Legal aid is accorded to all who do not dispose of sufficient resources, if this aid is necessary to guarantee an effective access to justice».

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Whether the case is criminal or civil. There is no discrimination in countries like France, Germany, England, Spain, Italy, Holland, Denmark, Sweden, the Swiss and many other countries.

On what legal foundation has most of the International Community's other advanced Democracies upheld the "equal access to the civil courts" freedom ?

On the fundamental principle of "equality of arms". Once a case is pre-determined to be justified, non frivolous (whether the party is a defendant or a plaintiff), public expense is granted to all who can not afford an attorney. (cf APPENDIX F, on a comparative chart). The principle called "equality of arms" between two litigating parties is of essence, inseparable to the fundamental right to "access to justice" a constitutional derivative of the equal application of the law constitutional and centralizing norm. Hereinafter  two  pieces of case law that applies this European constitutional principle.

“ In conclusion, the denial of legal aid to the applicants had deprived them of the opportunity to present their case effectively before the court and contributed to an unacceptable inequality of arms with McDonald’s. There had, therefore, been a violation of Article 6 § 1. In view of its finding of a violation of Article 6 § 1 based on the lack of legal aid, the Court did not consider it necessary to examine separately additional complaints under that provision directed at a number of specific rulings made by the judges in the proceedings”. STEEL AND MORRIS v. THE UNITED KINGDOM, The European Court of Human Rights, (application no. 68416/01).

“One of the basic tenets of municipal and  international justice is the concept of equality of arms, defined by the European Court of Human Rights as  ‘a reasonable opportunity of presenting the case to the court under conditions which do not place him in substantial disadvantages vis-à-vis his opponent”   (European Court of Human rights: Kaufman v. Belgium, 1986) ”.

THE SARDINE AND THE SHARK CANNOT BE TREATED EQUALLY.

"Majestic is the equality principle of the law where it incriminates a homeless person sleeping under a bridge out of necessity in the same way the law incriminates a millionaire who would sleep under the same bridge". Anatole France

Canon 3 of the Judicial rules obliges Judges to be "fair" and the "hear" the parties, this canonic rule means that the Judge should not treat a sardine and a shark equally. Both have a different set of protective "arms", very unequal, therefore, the sardines needs extra protection from the State, the Judge if justice is to be done. Yet, Washington State's Supreme Court obliges Judges to treat all parties the same. And there are no statutes to remedy this problem.

Thus, the weaker "sardine" who can not afford a "dolphin" attorney for its tort or family law case and who cannot get a public defender (reserved to "indigent sardines" who allegedly committed a crime) is face to face, in the arena of truth fighting, with an experienced and financially strong "shark". In the same way, financially weak parties become "pro se" (defending themselves) out of necessity, because they cannot afford an attorney, and thus, when they get their day in court, they necessarily do not know the law as a 300 dollars an hour seasoned attorney, even less its complex practice. Thus to oblige a sardine-like weak party and a shark-like stronger party to be:

"...bound by the same rules of procedure and subsantive law as everyone else" (Bly v Henry, 28 Wn.App. 469, 471, 624, P.2d 717 (1980).

Is not being fair, and thus violates Canons 3.4 and 3.5., including constitutional law and public international law. (See chapter 3). Moreover, the high costs of depositions and transcripts deprives them from the "weapons" of litigation. This situation remains completely unconstitutional and erodes the very core of a democratic Republic, the very "Spirit" of the Law.

If weak economy countries have the right to protective customs to protect their infant industries, if vulnerable people like children and the elderly have special protection rights, then it necessarily follows that weak and inexperienced pro se and modest income litigants must be treated differently. This principle is called "compensatory inequality" or the "leniency" principle. And here too Washington State can be a leader in this field, thereby better serving Washingtonians and the next President's mission to rebuild the broken Republic (See Chapter 14). Meanwhile, to encourage the expansion of our fundamental freedoms, we have drafted an "executive order" to address the urgent aspects of the "access to civil justice" challenge (See APPENDIX G).

THIRD CORE FREEDOM: OUR CONSTITUTIONAL RIGHT TO REMAIN FREE FROM IGNORANCE AND OUR RIGHT TO BE ENTITLED TO RELEVANT EDUCATION INSOFAR AS THE SATISFACTION OF OUR BASIC NEEDS ARE CONCERNED.

"Keep the People ignorant. This way, we can better manipulate them" Katherine of Russia. "Knowledge is in every country the surest basis of public happiness" George Washington (1796). "An enlightened citizenry is indispensable for the proper functioning of a Republic." Thomas Jefferson

For our first two basic rights to be long-lasting (equal access to health and justice), the People need to benefit from the equal and affordable access to relevant knowledge in the following skills.

(a) Internationally recognized  human rights and duty law in conjunction with the basics of American civil rights law.

(b) Science-based nutrition and toxic free lifestyle education.

(c) Holistic healthcare techniques including psychological counseling.

(d) Sustainability and eco-development sciences, including, but not limited to the teaching of alternative energies, eco construction and organic agriculture techniques.

(e) Basic computer and internet training.

(f) Methodology on learning and research skills.

(g) Meditation & breathing techniques,  holistic & health maintaining exercises, music and art classes.

These skills can be taught in all public schools including in community colleges, universities or human rights and duties education lighthouses centers (see Action Plan and Chapter 8). This general education (the People's Education, orchestrated by both private and public synergy) would equip Washingtonians and Americans with the necessary pedagogical, civic and health tools to ensure the satisfaction of their basic needs, that which would significantly reduce sickness, legal conflicts and social entropy in our communities while promoting development, (including, but not limited to financial stability), and what sociologists call "general well-being", sustainability and Peace among Nations. As the UNESCO Constitution provides in its Preamble: "Peace begins in the minds of men" This ideal is central to any Republic worthy of legal existence and international recognition. See Chapter 8 and APPENDIX F for an Executive Order on this question.

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