23 March, 2002
British High Court orders physicians to accede to patient desire for death
Dame Elizabeth Butler Sloss has ruled that a woman paralysed from the neck down has the mental capacity to refuse treatment, in the form of artificial ventilation, even if it will result in her death. She awarded a nominal judgement of £100 for 'trespass' by the physicians who refused to turn off the ventilator because they believed that to do so would violate their obligation to protect life. It has not been reported how the problem of conscientious objection by attending health care workers was dealt with, or if, in fact, the problem was even recognized. It has been suggested that the woman might be transferred to another hospital, which may make it possible for her to find health care workers who have no objection to giving effect to her decision.
21 March, 2003
Protection of conscience bill introduced in US Senate
The Abortion Non-Discrimination Act (S. 2008) has been introduced in the
United States Senate by Senator Gregg. It amends 42 USC 238n, which protects health care
entities from abortion-related discrimination, to clarify that 'health care entity' includes the broad range of health care
providers. The bill also amends existing law by prohibiting discrimination based on an entity's refusal to pay for or provide
coverage for abortion.
Politicians
'pro-choice'
only for like-minded
The Compassionate Care for Female Sexual Assault Survivors Act is a
bill designed by the "Pro-choice" Caucus of the American
congress to force hospitals to supply the potentially abortifacient
'morning-after pill' to sexual assault complainants, even if the hospital
is run by a religious group opposed to abortion. One of the bill's
co-sponsors,
Representative Diana DeGette (Democrat), boasted that the 'pro-choice'
caucus was going to put the run on those who disagree with them, adding
that the bill is only a first step in what appears to be an aggressive
agenda to suppress freedom of conscience in health care.
Emergency Health Powers Act threatens freedom of conscience
The Institute for Health
Freedom reports that the revised Model Emergency Health Powers Act,
drafted by the American Center for Disease Control and academics, would
expand state and local government powers. The Act could be used to
force individuals to be medically examined, vaccinated, treated; those who
refuse could be quarantined. Health care workers could be forced to
administer treatments or drugs to which they have conscientious
objections. The revised Model State Emergency Health Powers Act (dated
December 21, 2001) can be accessed at www.publichealthlaw.net.
Numerous American states are reported to be considering the proposal or
other like it.
19 March, 2002
Assisted suicide opinion poll
An ABC News/Beliefnet poll suggests that roughly 48 percent of Americans
oppose
legalizing assisted suicide, while 40 percent support it. Religious
belief appears to be a key factor in the responses, with Christians
predominant among those who oppose it and non-Christians or
non-religionists making up most of those in support.
The division illustrates the problem inherent in legalizing morally
controversial procedures without providing robust protection of conscience
provisions in the law.
18 March, 2002
Britain's largest supermarket chain gives out free
morning-after pills
The Tesco supermarket chain is dispensing
the free morning-after pills to women under 20 in a pilot project
two towns in western England. This kind of action may relieve
pressure in the short term on conscientious objectors in pharmacy,
whatever the pharmacological consequences. Long term consequences
for conscientious objectors cannot be predicted with confidence.
European Court to consider
assisted suicide case
Mrs. Dianne Pretty, who lost a bid for legalization of assisted suicide
before the British House of Lords, has taken her case to the European Court of Human Rights in Strasbourg.
Media coverage has not indicated that any interest is being taken in the
problem that legalization would pose for health care workers who have
moral objections to assisting in suicide.
Catholic teacher sues union over use of dues
The Springfield Education Association, Massachusetts Teachers Association
and National
Education Association are being sued by a Catholic teacher. He
claims that he should not be forced to support groups that advocate
abortion or condom distribution. The merits of the case are unclear,
because he is not a union member, and pays an "agency fee"
rather than ordinary dues. Agency fees are reduced payments made by
those who don't support political activity by their unions. It
appears that the agency fees are intended to cover the costs associated
with collective bargaining, from which the payee presumably benefits.
14 March, 2002
Hawaiian legislators deny freedom of conscience
HB 1802, House Draft 1 has been passed by the lower house of the Hawaiian
legislature. It would force all hospitals and primary-care clinics
to provide the potentially abortifacient 'morning-after pills' to sexual
assault complainants. (Honolulu
Star Bulletin)
13 March, 2002
Jewish organizations offer qualified support for human cloning
The Union of Orthodox Jewish Congregations of America and the Rabbinical Council of America have issued a joint statement
that supports human cloning "for therapeutic purposes" while
rejecting human cloning "for reproductive purposes."
Disabled Australian Children Sue Doctors for "Wrongful Birth"
In New South Wales, Australia, three "profoundly disabled"
individuals are suing doctors for "wrongful life". The mother of
one of the plaintiffs was not diagnosed with rubella when she was
pregnant. The second plaintiff, a 17 month old with a clotting
disorder, was conceived through in-vitro fertilization, while the third, a
disabled two year-old, was born after what was apparently a failed
vasectomy. It is argued that diagnosis of rubella would have
resulted in an abortion in the first case, eugenic screening would have
prevented the birth of the second, and the third would not have been
conceived at all but for medical negligence.
10 March, 2002
Massachusetts attacks freedom of conscience
A new Massachusetts law requires that health plans offered to employees
must include coverage for contraceptive devices. Support for the
bill by legislators was overwhelming.
9 March, 2002
Birth control pill
manufacturers sued
The British Medical Journal (BMJ 2002;324:561) reports that a case
has been brought by over 100 women against Schering Healthcare, Wyeth ,
and Organon Laboratories. The suit alleges that the women suffered
side effects from third generation birth control pills and, in seven
cases, died. Side effects included deep vein thrombosis, pulmonary
embolism, strokes, and cerebral vein thrombosis. If the
case generates significant public interest, it may have the effect of
reducing pressure on physicians who have moral objections to prescribing
contraceptives.
8 March, 2002
Assisted Suicide bill
passes in Hawaii
Supported by Hawaii Governor Ben Cayetano, an enabling amendment to the
state constitution and a bill legalizing assisted suicide have been
approved in the lower house of the Hawiian legislature. The bills
may be stalled in the state Senate.
7 March, 2002
New source of stem cells
identified
A report
in the New England Journal of Medicine indicates that stem cells can
be obtained from circulating blood.
Irish
abortion referendum results
By a margin of about 1%, the proposed amendment to Irish abortion law has
been defeated. Voter turnout was low. City dwellers voted
overwhelmingly against the amendment, which received much more support in
the countryside. The pro-life vote was split because the proposed
amendment would have made the human embryo a legal non-entity prior to
implantation, even though it would ostensibly have disallowed the
performance of abortions when the mother threatens suicide. The
consequences of the referendum will not become clear for some time.
Clinic
licensed to weed out problem embryos
A London fertility treatment centre has been licensed by Britain's Human
Fertilisation and Embryology Authority to eugenically screen in vitro embryos.
The phrase used by a centres representative was "weeding out problem
embryos". [The Times]
5 March, 2002
Morning-after pill
banned in Argentina
The Argentine Supreme
Court has ruled that, since human life begins at conception, the
'morning-after-pill' is to be considered an abortifacient because it may
prevent implantation of the early embryo. The same conclusion led
the Philippine
government to ban the 'morning-after-pill'.
4 March, 2002
Canadian
Institutes of Health Research approve embryo experimentation
Despite the fact that the Canadian parliament has yet to debate the
government's proposed Assisted Human Reproduction Act, the Canadian Institutes of Health Research
(CIHR) has approved funding for destructive stem cell research on human
embryos. CIHR
guidelines will be applied by a Stem Cell
Oversight Committee in approving applications to use embryos obtained from
fertility clinics with the consent of their parents.
Kansas
health professionals urged to support bill
The
Health Care Providers’ Rights of Conscience Act (HB 2711) will
go to a floor vote in the Kansas House of Representatives on 14 March,
2002. If passed, it will move to the Senate. Freedom of
conscience advocates in Kansas are seeking the active support of all
health care professionals in their state to ensure that the bill moves
forward. They request those interested to send their contact information
to KansMary@aol.com so that they can
be kept abreast of developments, and to encourage friends and co-workers
to do the same. An explanation of the bill is offered at Explanation
of HB2711.
1 March, 2002
Virginia Senate
rejects freedom of conscience
The Virginia Senate has rejected House
Bill 563, which would have provided protection for pharmacists
and others who object to dispensing abortifacient drugs. Drugstore
representatives spoke against the bill. A most remarkable statement
was made by a Senator Warren E. Barry, speaking against freedom of
conscience for health care workers: "It seems to me when someone enters the practice of medicine or
pharmacy . . . they have an obligation. I didn't want to kill people when
I went into the Marine Corps, but I knew it would be my job."
27 February, 2002
Eugenic screening in Chicago
Pre-implantation genetic diagnosis, a process in which embryos conceived in
vitro are screened to detect genetic defects or other characteristics,
has been used at the Reproductive Genetics Institute in Chicago to
enable a woman to select a baby that will not develop early Alzheimer's.
Dr. Jeff Nisker, a professor of obstetrics and gynecology at the
University of Western Ontario's medical school, told CBC Radio that the
technique was originally developed to identify genetic defects in embryos
in order to avoid late term abortions, not to develop "designer
children".
United Kingdom authority can license human cloning
The British Human Fertilisation and Embryology Authority has been granted
permission to issue licences for human cloning. The United Kingdom
has limited protection of conscience legislation concerning abortion, but
not governing the new reproductive technologies
26 February, 2002
India considering two child policy
Opening a seminar on 'reproductive health', the Indian Minister for Health
and Family Welfare said that the government is considering implementation
of a "two child policy". This would have consequences for
all Indian citizens, but could particularly impact health care workers who
have moral or religious objections to abortion, contraception,
sterilization, or coercion of parents by the state.
Osteopathic physicians and assisted suicide
The January issue of the Journal of the American Osteopathic Association
reports that a survey of over 1,000 osteopaths shows most opposed to
assisted suicide, but a significant number (37-42%) whose answers suggest
a willingness to participate in the procedure. The survey is
available at http://www.aoa-net.org/publications/jaoa/cavalieri102.pdf
25 February, 2002
Belgian medical students to learn euthanasia techniques
Apparently anticipating the legalization of euthanasia in Belgium this
year, the Belgian Free University plans to teach medical student how to
kill their patients correctly. News reports do not indicate if this
will be an elective or a mandatory course.
24 February, 2002
Embryos to be made to order in United Kingdom
Following approval for the artificial conception and selection of an
embryo suitable as a bone marrow donor for a boy suffering from a fatal
illness, it is reported that six more couples are seeking the same
procedure.
Conscientious
objectors in New Brunswick facing pressure
The December, 2001 bulletin of the College of Physicians and Surgeons of
New Brunswick asks if "a greater onus" should laid upon
physicians who have conscientious objections to a procedure to facilitate
its provision to patients. "Council would like comment from
physicians on whether the above guideline should be further clarified. For
example, if a physician has a moral objection to a particular treatment
approach, should there be a greater obligation to expedite access to
another physician? Should a direct, and immediate, referral be
mandated?" This part of the bulletin made headlines in
February, and a retired Catholic bishop responded with a letter
in defence of the objectors. See the Project
letter to the Telegraph Journal on the subject.
22 February, 2002
Ontario doctor threatened with loss of licence for refusing birth
control pill
Dr. Stephen Dawson of Barrie, Ontario, has been charged with professional
misconduct as a result of complaints filed by four unmarried women.
Dr. Dawson, a Christian, had refused to prescribe birth control pills for
them. He also refuses to prescribe Viagra for single men, and would
refuse to offer abortions or prescribe the potentially abortifacient
'morning-after-pill'. A University of Toronto professor
characterized people like Dr. Dawson as "scum". See
the story from The
Barrie Examiner, and letters to the editor from the Project to The
Barrie Examiner and the National
Post. Comments from the Christian Medical and Dental Society and
the Catholic Civil Rights League (Canada) appear in a
Lifesite
News story. Journalist Michael Coren comments in Real Audio at http://www.lifesite.net:7070/ramgen/022702barriedoctor.rm.
21 February, 2002
Kentucky Senate passes bill to protect pharmacists
Senate Bill
109, providing protection for freedom of conscience of pharmacists,
has passed the Kentucky Senate by a vote of 36-2.
Kansas Legislature in
conscience debate
The Health Care Providers' Rights of Conscience
Act is being hotly debated in Kansas. [Topeka Eagle, 21 February,
2002]
New Hampshire rejects freedom of conscience in health care
The New Hampshire General Court defeated House
Bill 1209, which would have provided the state with its first
protection of conscience statute.
18 February, 2002
Pro-life split developing in Ireland
Despite testimony
before an Irish parliamentary committee to the effect that most
obstetricians and gynaecologists in Ireland would be conscientious
objectors were abortion to be legalized, the Irish Institute of Obstetricians and
Gynaecologists has said that the legalization of abortion for the purpose
of saving a mother's life would legalize an accepted practice. It is
reported that 30 hospitals would be designated to provide abortions if the
bill now the subject of a referendum is passed.
Meanwhile, a split has developed among those those opposed to abortion. The Protection of Human Life in Pregnancy Bill 2001 does not protect the early embryo, so that the potentially abortifacient 'morning-after-pill' and various forms of embryo experimentation would be legal if the bill passes. Some pro-lifers are against the bill for this reason; others believe that the bill can be supported. It is not clear what effect the split will have on the outcome of the referendum in March.
15 February, 2002
Planned Parenthood medical director and the Aryan warrior
Perhaps to coincide with a Planned Parenthood media campaign for the
'morning-after-pill', the BC Medical Journal featured an IUD-weilding
Aryan warrior on the cover of its January/February issue, in which Dr.
Roey Malleson, medical director of Planned Parenthood in British Columbia,
suggested that physicians who fail to offer the drug may be
'negligent'. See the Project letter
and news
release about the article.
14 February, 2002
Science Magazine seeks to change cloning terminology
"Therapeutic cloning" should be replaced with the less
controversial term "nuclear transplantation", according to an
article in Science
Magazine.
12 February, 2002
Cornell University experiments on live human embryos
Human embryos have been used to test experimental artificial wombs at Cornell University's
Centre for Reproductive Medicine and Infertility. The Centre will
eventually allow embryos to live for up to 14 days in the artificial wombs
before killing them.
Virginia Assembly passes protection of conscience bill
House Bill 563
has been passed by the lower house in Virginia, USA, and will be
introduced in the state Senate.
9 February, 2002
Widow conceives with sperm from dead husband
A widow in the United Kingdom has become pregnant for a second time using
the sperm of her dead husband, whose name cannot be used on the birth
certificate. Those who may not now be concerned about freedom of
conscience should consider how such precedents may affect the concept of
'standard of care', and its implications for what might eventually be
required of them.
6 February, 2002
21 Assisted Suicides in Oregon
2001 saw 21 reported cases of assisted suicide in Oregon, USA, where the
procedure is legal. The report is at
http://www.ohd.hr.state.or.us/chs/pas/ar-index.htm
5 February, 2002
American Board of Internal
Medicine Revises Hippocratic Oath
The Christian Medical Association has criticized a new
version of the Hippocratic Oath prepared by the American Board of
Internal Medicine. See CMA
commentary.
Maryland
may force 'morning-after-pill' on hospitals
House Bill 930, pending in Maryland, would require all hospitals to
dispense the potentially abortifacient 'morning-after-pill' to rape
complainants, or provide them with information about the drug. While
there is a potential for the bill to adversely impact freedom of
conscience in some denominational institutions, it may be possible to
comply with the provisions of the law by providing additional information
that clearly sets out the moral objections of the institution to the drug,
so as to disassociate the institution from its use.
4 February, 2002
Embryo declared a patient
The statement "The Embryo As Patient", signed by 200 doctors and surgeons at
a
conference held at Rome's University of La Sapienza, asserts that embryos
have the same rights as other patients. The statement illustrates a
views on the subject held by people within the medical and research
community that is often not reflected by professional associations,
regulatory authorities and others who can bring considerable pressure to
bear on those who think differently.
Potential
for conflict apparent in statements of religious leaders
Pope John Paul II has called upon all societies to "guarantee
to every human the right to life from conception to natural
death." He specifically included the human embryo as an
individual whose fundamental right to life should be recognized in law. [Zenit]
Consistent with this, the German parliament's recent vote to authorise
imports of embryonic stem cells has been condemned by the president of the
German Catholic episcopal conference and the president of the Council of
German Evangelical Churches. Finally, Bishop Abelardo
Alvarado, secretary general of the Mexican Catholic bishops’ conference,
has criticized and rejected a recent ruling from the Mexican Supreme Court
liberalizing the abortion law. [The News Mexico]. There is clearly a
potential for conflict between health care workers who wish to adhere to
these expressions of religious belief, and interest groups or states that
would suppress conscientious objection in order to facilitate morally
controversial procedures or services.
1 February 1, 2002
British
officials concede mechanism of MAP includes destruction of early embryo
The
Guardian reports that the Society for the Protection of the Unborn
Child in the United Kingdom are seeking a judicial review of the sale of
the 'morning-after-pill' in pharmacies. The Society will argue that
pregnancy begins with fertilisation of the egg, and that the sale of the
'morning-after'pill' violates an 1861 law against supplying products
intended to procure a miscarriage. What is of interest is the
reaction of the Family Planning Association, the Royal Pharmaceutical
Society and the Department of Health to the possibility that the court
might accept the arguments of the SPUC.
Toni Belfield of the Family Planning Association stated, "This would affect all except barrier methods and natural family planning sterilisation." The admission implicity concedes the point that is at the root of conscientious objections to dispensing the morning-after-pill and some contraceptives: that these drugs have a potentially abortifacient mechanism, in that they can cause the destruction of an early embryo.
30 January, 2002
Massachusetts
politicians suppress expression of religious conviction
Massachusetts politicians refused to exempt denominational hospitals and
colleges from a bill that forces private insurers to pay for
contraceptives and potentially abortifacient devices. Unless
resisted by civil disobedience or overturned by a court challenge, the law
will effectively suppress the practice of religious belief by
denominations that consider abortion or contraception to be morally
objectionable. [Boston
Globe] .
28 January, 2002
New
York Assembly seeks to stop exercise of religious freedom
The lower house in the New York legislature has passed a bill that will
force all employers to provide insurance coverage for contraceptives,
without exemptions for religious denominations that hold contraception to
be morally objectionable. The New York Senate, seeking a compromise
that would protect religious freedom, blocked passage of a similar bill
last year.
The Assembly also passed a bill to force hospitals to provide potentially abortifacient drugs to patients reporting that they had been raped, as well as information about abortion. It may be possible for institutions wishing to distance themselves from abortion to comply with the requirement to provide information, by supplementing what is required by statute with more specific information about the nature of the procedure and an explanation of why they object to participation in it. The requirement to supply potentially abortifacient drugs will clearly be more problematic. [New York Times]
25 January, 2002
Supreme
Court of Canada on liability for 'wrongful birth'
Nine Canadian Supreme Court justices have ruled
unanimously against Pam and Murray Krangle of Maple Ridge, British Columbia.
The Krangles wanted their doctor to continue to cover costs for special care needs
for their 10 year old son, who has Down Syndrome, after the boy reaches
the age of majority. Their doctor had been found liable because he
did not encourage eugenic screening so that the mother could choose to
abort her son. The court ruled that once the child has reached the age of
majority, responsibility for care shifts from the doctor to the
state. It did not disturb the original finding of liability for
'wrongful birth'. [Text
of ruling] [Previous
news item on 'wrongful birth']
22 January, 2002
Civil
liberties group attacks religious health care
The American Civil Liberties Union has launched an attack on the freedom
of religious denominations to provide health care in accordance with their
religious convictions. The ACLU wants to force Roman Catholic hospitals
to provide abortions and contraceptive procedures, and has decided that
threatening to put them out of operation by cutting off funds is the most
effective way to do this. [Detroit
News]
Pharmacology
and the morning-after-pill
Conscientious objectors among pharmacists may now refer to a report in a
peer reviewed journal, which "describes evidence that the drugs may
sometimes fail to prevent ovulation and rely instead on an
after-fertilization effect, causing abortion of the newly formed embryonic
life." The authors argue that failure to provide this
information to a patient is a violation of the principle of informed
consent. See "Postfertilization Effect of Hormonal Emergency
Contraception," by Chris Kahlenborn, MD, Joseph B. Stanford, MD, MSPH,
and Walter L. Larimore, MD, will appear in the March 2002 issue of The
Annals of Pharmacotherapy, and is now available online at www.theannals.com.
The Annals of Pharmacotherapy is the leading peer-reviewed, international
journal for physicians, pharmacists and other healthcare practitioners.
18 January, 2002
Treatment of terminally
ill in Israel
The Israeli Health Minister has received proposals from a committee of 58 doctors, scientists, social workers, nurses, philosophers, lawyers, judges, and rabbis
on treatment
of the terminally ill. They are reported to have achieved unanimous
agreement on 95% of the proposals, and their work has been described as
"a model for public discussion of divisive
issues."
Media reports describe the proposals as rejecting "active euthanasia", which implies that they accept "passive euthanasia", though the latter term is not used. On closer examination, what appears to be proposed is recognition of the right to refuse treatment that would only postpone natural death, formalized by 'living wills' and procedural safeguards. These are backed by a legal requirement to provide painkilling drugs, and the encouragement to develop and practise palliative medicine as a specialty. Most important, while starving or dehydrating patients in order to kill them has been legalized elsewhere, the proposals forbid withdrawal of food and fluids. [Jerusalem Post]
16 January, 2002
Pro-abortion doctors' group established in Ireland
Doctors for Choice has been formed in Ireland for the purpose of making
abortion a normal part of Irish medical practice. It is headed by Drs. Peadar O’Grady and Mary Favier.
Testimony
before an Irish Parliamentary committee in 2000 indicated that the
majority of obstetrician-gynaecologists in Ireland would refuse to
participate in abortion for reasons of conscience.
10 January, 2002
"Wrongful Birth" court decision
overruled in France
Following three cases in which French courts ruled that doctors could be
sued because they did not diagnose birth defects during pre-natal eugenic
screening, the French parliament has passed a bill that states:
"nobody can claim to have been harmed simply by being
born." The latest court ruling led to a strike by specialists,
who refused to perform eugenic screening while not protected from
liability for a missed diagnosis. The new law will allow parents to
sue for damages only if a missed diagnosis is the result of a blatant
error. It is not clear if refusal to provide eugenic screening
for reasons of conscience will be considered a 'blatant error'. [News
Link] [Previous
item on 'wrongful birth']
Netherlands
attracting euthanasia seekers
The London
Times reports that Dutch euthanasia organizations have received dozens
of enquiries from elsewhere in Europe, particularly Britain and Germany,
following the formal legalization of euthanasia in the Netherlands.
At present, one must reside in the Netherlands for some time before being
eligible for euthanasia. As in the case of abortion, the fact that
people have to go abroad to access a procedure not legally available in
their own countries will probably be cited as an argument in favour of
legalization. To the extent that this increases the demand for
euthanasia or assisted suicide, this may eventually have significant
implications for conscientious objectors in countries where euthanasia is
not legal.
Given developments in the Netherlands over the last couple of decades, it is doubtful that the extended residence requirement will be strictly enforced in the long term. Euthanasia does not require expensive health care resources, and money will be spent in the country on food, accommodation, etc. by short-term visitors seeking euthanasia. This may be seen to be a net benefit that can be applied to the health care system, and may bring additional pressure to bear on conscientious objectors in the Netherlands.
Free
'morning-after-pill' for French adolescents
By decree of the French government, all girls under 18 may not get the
morning-after pill without cost, prescription or parental authorization in
French pharmacies. The report does not indicate whether or not
provision of the pills has been made mandatory for pharmacists.
8 January, 2002
New
York City mayor plans to make abortion training mandatory
The Village
Voice reports that one of Mayor Michael Bloomberg's campaign
documents, Bloomberg's Blueprint for Public Health, includes a plan to
require training in abortions in city public hospitals run by the Health
and Hospitals Corporation. The plan would affect about 100 OB-GYN
residents in the city's 11 public hospitals, but a New
York Civil Rights law prevents conscientious objectors from being
forced to participate. It is not clear, however, that conscientious
objectors will be protected against discriminatory hiring practices.
Dutch
doctors support doctor convicted of murdering patient
Dutch doctor Wilfred van Ooijen, convicted of murdering an 87 year old
patient last year, is appealing his conviction. The woman he killed
was terminally ill and in a coma, and had not requested euthanasia.
Although it convicted the doctor, the court did not sentence him,
apparently because it approved of his actions. A group of doctors in
the Netherlands has established a fund to pay the legal costs of Dr.
van Ooijen's appeal, apparently in the belief that killing the patient was
consistent with sound medical ethics. The circumstances suggest that
health care workers who object to euthanasia may find it increasingly
difficult to work in the Netherlands. [BBC]
Woman
sues for unexpected birth
The 26 year old mother of a healthy two year old girl is suing two doctors
at different clinics in Montreal because they failed to diagnose her
pregnancy, despite five trips to the clinics that included two
gynecological exams. She gave birth in a toilet stall in January,
1999. She claims that she did not realize she was pregnant because
she had always had irregular menstrual cycles and had gained no
weight. Had she been told she was pregnant, she would have had an
abortion. The case is unusual in that the child does not
suffer from any handicaps, and failure to provide eugenic testing is not
in issue. If the allegations are made out, it is possible that
damages could be based on emotional trauma rather than the fact that the
child is alive. It is not clear that the case will have an impact on
the issue of conscientious objection.
4 January, 2002
Philippine
government bans 'morning-after-pill'
A circular from the Bureau of Food and Drugs of the Philippines, and
approved by Health Secretary Manuel Dayrit, M.D., has ordered the recall
of the 'morning-after pill' Levonorgestrel and forbidden its importation
to the country. The Bureau found that the drug, taken within three
days after intercourse, inhibits the implantation of the early embryo
(technically the blastocyst) in the uterus. The country's 1987
Constitution expressly protects life from the moment of conception.
3 January, 2002
Tasmanian
situation illustrates peer pressure
Abortions in Tasmania were stopped after a fifth-year medical student,
Armin Tadj, reported to police that he had seen doctors falsifying
documents so that women who did not want to give birth could have
abortions. Doctors and nurses, fearing prosecution, stopped
performing abortions while Parliament was recalled to pass a new abortion
law, which includes a protection of conscience
provision. What is of particular interest is the fact that forgery
must have been a fairly widespread practice, since it was stated in
parliamentary debate that half
the pregnancies in Tasmania were being ended by abortion before the change
in the law. This is an example of the tremendous force that peer
pressure can exert within a medical community. It is unlikely that
such a community will welcome those who, like Armin Tadj, object to
corrupt practices.
Professional
organizations suggest advance prescriptions
The Society of Obstetricians and Gynaecologists and the Ontario
Medical Association (Canada) are recommending that doctors provide advance
prescriptions for the morning-after pill. Dr. Ted Boadway, executive
director of the Ontario Medical Association, is quoted as saying that many
doctors are taking the advice on the grounds that regulators are "ignoring
patient needs". It is possible that advance prescriptions will
encourage women to make advance arrangements for obtaining the drug, thus
relieving some of the pressure being applied to pharmacists who object to
dispensing the 'morning-after-pill' because it is potentially
abortifacient.
Dr. Boadway appears to be a
consistent advocate of doctors 'going their own way'. He supported a
1994 motion from the ethics committee of the Canadian Medical Association
that euthanasia no longer be proscribed as unethical, arguing that
euthanasia was already "fairly widespread" and that doctors
practising it would continue to do so. This kind of policy approach
may have a significant impact on health care workers who take a different
view.
2 January, 2002
Chinese one child
policy now one child law
The Chinese government formally legalized its one-child population
control policy that is reported to have been in effect for 21 years.
City dwellers will be allowed only one child; two children will be allowed
(if the first one is a girl) in rural areas. Even without
formal legal authority, the one-child policy led to forced
abortions and related
problems for health care workers.
Euthanasia
officially legal in Netherlands
The law to legalize euthanasia by lethal injection took effect on 1
January. There are reports that the Dutch Health Minister has
advocated assisted suicide for non-terminal patients.