Hi Liz,
It's my understanding that ICDC has a worldwide role (including the US) and
that NABA is a type of IBFAN group
http://www.ibfan.org/site2005/Pages/article.php?art_id=322&iui=1 which has a
slightly different role.
No, determinatins from ICDC don't have the force of law, that is not their
role but they can advise individuals, organisations and governments on
whether an instance of marketing is in breach of the Code...this means that
it is not up to the individual to guess. So as in the instance here on
Lactnet where an IBCLC (or anyone else) is unsure about whether they should
accept sponsorship from a company contacting the ICDC is appropriate.
BTW, I am going to be attending a meeting this weekend where UNICEF's code
lawyer will be also presenting. If anyone has tricky questions about the
code tat they want answered email me privately and I'll ask for you.
Karleen Gribble
Australia
----- Original Message -----
From: "Liz Brooks" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, March 05, 2008 9:24 AM
Subject: WHO Code question
Karleen reminds us of the important work done by the International Code
Documentation Center, established by IBFAN, to collect reports of
Internatoinal Code violations. The National Alliance for Breastfeeding
Advocacy (NABA) has that role here in the USA.
The report they assemble and periodically publish are fabulous compilations
of reports of violations. One problem I have (looking at it through the
lawyer's lens) is that they are compilations of reports. What about the
companies that no one filed a report about? What about the companies that
have Seen The Light since the last report was published, two or three years
ago (they were bad guys then, but are good guys now, though they are still
listed in the old report)? What about companies that were erroneously
reported [although, looking at this through the IBCLC's lens, I've yet to
find an erroneous reporting ever].
And -- while these are indeed recognized world experts on the Code, its
history, its implementation and its enforcement (in those countries where
the Code is the law), I maintain my original position that opinions
generated by these organizations do not carry the force of law.
Unless I *do* have it wrong, since Code implementation is (cough, cough)
voluntary in the USA, and what we see everyday is a gross violation.
Karleen -- putting you on the hot seat -- would an opinion letter from the
Head of ICDC carry the same weight as a judicial opinion, in a country where
the Code is enforced?
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