Targeted America will list by state the codes that deal with human experimentation and the protection of the subject. If any state does not have laws to protect its residents from human experimentation, Targeted America will address the problem.
At this time, Targeted America has found code ONLY for the state of California. California Health and Safety Code Section 24170-24176 is a model for all other states and will be a model for Illegally Targeted People to lobby their state legislators to pass similar legislature.
It should be fairly simple for two reasons:
California Human Experimentation Code
California Code: Health and Safety Code: Chapter 1.3. Human Experimentation - Health and Safety Code Section 24170-24176
Because the Nuremberg Code, an international standard for ethical human experimentation research, is not codified into federal law, the State of California has codified it into state law. It is unlikely the federal government would be successful in challenging this law using the Supremacy Clause since the Nuremberg Code is a federal directive.
24170 Protection of Human Subjects in Medical Experimentation Act.
24171 The Legislature further finds and declares that:
(a) The Nuremberg Code of Ethics in Medical Research was developed after the trial of Nazi war criminals for unethical use of persons in medical experiments; subsequently, the Declaration of Helsinki additionally established recommendations guiding doctors in experimentation involving human subjects.
(b) Neither the Nuremberg Code nor the Declaration of Helsinki are codified under law and are, therefore, unenforceable.
(c) It is necessary that medical experimentation be done in such a way as to protect the rights of the human subjects involved.
(d) There is, and will continue to be, a growing need for protection for citizens of the state from unauthorized, needless, hazardous, or negligently performed medical experiments on human beings.
It is, therefore, the intent of the Legislature, in the enacting of this chapter, to provide minimum statutory protection for the citizens of this state with regard to human experimentation and to provide penalties for those who violate such provisions.
24172. As used in the chapter, "experimental subject's bill of rights," means a list of the rights of a subject in a medical experiment, written in a language in which the subject is fluent. Except as otherwise provided in Section 24175, this list shall include, but not be limited to the subject's right to:
(a) Be informed of the nature and purpose of the experiment.
24174. As used in this chapter, "medical experiment" means: (a) The severance or penetration or damaging of tissues of a human subject or the use of a drug or device, as defined in Section 109920 or 109925, or electromagnetic radiation.
24176. (a) Any person who is primarily responsible for conduct of a medical experiment and who negligently allows the experiment to be conducted without a subject's informed consent, as provided in this chapter, shall be liable to the subject in an amount not to exceed ten thousand dollars ($10,000), as determined by the court.
The Nuremberg Code
Nuremberg is a city in Germany. The Nuremberg Code is a set of research ethics principles for human experimentation created as a result of the Nuremberg trials at the end of the Second World War. During the trials, the men responsible for experimentation atrocities claimed at their trials that they were just following orders and guidelines of their government.
The Targeting Program to Illegally Targeted People is similar to the Nuremberg trials in that that will be a likely explanation and defense for the perpetrators involved in the targeting program. Illegally Targeted People will accept that defense the same way the world accepted that defense at the Nuremberg trials. Most got long prison sentences or the death penalty.
The Nuremberg Code states:
"The voluntary consent of the human subject is absolutely essential."
This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision.