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Protection of Conscience Project
Breaking News: July - September, 2004

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NOTE:
The Project posts verbatim news reports only with the permission of the copyright holder.   Material derived from news reports is added to other sections of the site only after it has been verified by the Administrator.

However, breaking news is frequently important to conscientious objectors, researchers and others working for legislated  protection of conscience.  The following reports are provided as a service to these people.  Not all of them have been verified; they should not be relied upon without independent confirmation.

 
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31 August, 2004
French committee recommends 'passive' euthanasia

A French parliamentary committee has recommended that terminally ill patients should be able to request that doctors "leave them to die", and that family members of unconscious patients be permitted to give such direction.  While the report calls this "passive euthanasia" it is not clear whether 'allowing the patient to die' means withholding extraordinary treatment, ordinary treatment, withholding nutrition and hydration.  The first would not pose problems for most conscientious objectors.

30 August, 2004
French government plans to legalize euthanasia
French Health Minister Philippe Douste-Blazy plans to propose the legalization of euthanasia by the end of the year.  He characterized the new law as instituting "the right to die with dignity."  Legalization of euthanasia would have a profound impact on health care workers who object to it for reasons of conscience. [News item]

24 August, 2004
Planned Parenthood urges complaints against conscientious objectors

Planned Parenthood Alberta is accusing physicians who are conscientious objectors to abortion of professional misconduct, claiming that they may "scare" patients with "misinformation" or "impose their moral beliefs."  The organization plans to compile a list of "anti-choice" physicians, and suggests that patients report doctors to the province's regulatory authority if they do not provide information on "all options" for their pregnancies, including abortion. [Project news release] [Project response]

Nurse in South Africa persecuted for refusal to assist with abortions
A registered nurse (called "nursing sisters" in South Africa) who refuses to assist with abortions has not been allowed to work in an operating room theatre since 2 May, 2004, according to a Doctors for Life International.  The organization has filed a legal brief in support of Sister Wilhelmien Charles in a suit against the Kopanong hospital and South African Health Minister Manto Tshabalala-Msimang.  Sister Charles is a senior nurse who has been working at the hospital since 1997.  Three years later, when the hospital began to provide abortions, many staff members signed a petition to the effect that they did not want to do abortions. The hospital stonewalled attempts at correspondence by DFL.  A spokesman for the regional health department claimed said that he was unaware of the case and claimed that no one is forced to perform abortions.  [News item]

23 August, 2004
Siblings dispute provision of  nutrition and hydration for mother; court sanctions withdrawal

89 year old Doris Smith of Louisiana will no longer receive assisted nutrition or hydration because two of her children and her doctors have ordered it stopped.  Smith was incapacitated by a stroke.  The Louisiana Supreme Court refused to hear an appeal of the order by one of her other children on the grounds that the decision conformed to the "living will" that Smith had signed.  The problem is that the will included a waiver of her right to "life-sustaining procedures", and this has been interpreted to included food and water.  A number of health care workers called upon to implement such directions may object to the practice for reasons of conscience, since they understand that deliberately causing death by dehydration and starvation is euthanasia. [News item]

22 August, 2004
'Right' to caesarean section claimed

A controversy about the increasing number of caesarean sections in the United Kingdom has led the The National Institute for Clinical Excellence to issue a statement that women should have the right to a caesarean section even if two doctors disagree.  One if five births in the United Kingdom is by caesarean section.  Caesarean sections are not normally morally controversial, since most health care workers do not object to the procedure for reasons of conscience.  However, in a particular case, a health care worker who is convinced that the procedure will harm the mother and/or child might decline to be involved.  In any case, the notion that a patient has a 'right' to a surgical procedure, even when the attending physician disagrees, could have implications for freedom of conscience. [The Guardian, 22 August, 2004]

20 August, 2004
US medical personnel accused of complicity in abuse of Iraqi prisoners
The Pentagon has denied allegations in an article published in The Lancet that US military medical staff were involved in the notorious abuse of Iraqi prisoners at Abu Ghraib Prison in Baghdad, and have also been complicit in similar abuses in Afghanistan and Guantanamo Bay, Cuba.  The allegations were made by
Dr. Steven H. Miles, a professor in the center for bioethics at the University of Minnesota Medical School in Minneapolis, Minnesota.  Among other things, he claims that a physician and psychiatrist helped plan and monitor the abusive interrogations at Abu Ghraib, that medical records were falsified and that health care workers failed to report what was taking place. [CNN]

19 August, 2004
South African Parliament amends abortion law
Despite what is reported to be significant opposition to abortion among South Africans, the South African Parliament passed an amendment to the country's abortion law to allow abortions to be performed by registered nurses (called "nursing sisters" or "sisters" in South Africa).  The amendment will also allow abortions to be performed in more health care facilities.  The Southern African Catholic Bishops Conference (SACBC) and Doctors for Life have voiced concerns  that conscientious objectors to abortion will be pressured to participate in the procedure.  The bishops called upon Catholic health care workers to "insist on their constitutional rights, respecting their freedom of conscience and to refuse to cooperate in the performance of abortions." [SACBC nrews release] [Doctors for Life news release]

'Brain dead' child recovers
A child who was without a heartbeat for 25 minutes and was in a coma for 12 days following an accident is now recovering.  Mason Forbes began breathing on his own after his life support was cut off following a diagnosis of 'brain death'.  He can now laugh, smile,  and sit, and doctors are optimistic that he will eventually be able to walk.  The case illustrates why health care workers may experience conflicts of conscience when required to terminate life support or assisted nutrition and hydration [The Daily Express, 19 August, 2004].

11 August, 2004
Human cloning to begin in UK

Newcastle university will use cell nuclear replacement to clone embryos in order to obtain embryonic stem cells to treat  Alzheimer's, diabetes and Parkinson's disease.  Permission for human cloning was given by the Human Fertilisation and Embryology Authority (HFEA) [BBC, 11 August, 2004].

9 August, 2004
Abortifacient drugs to be more widely used in the UK
Following lobbying by the British Pregnancy Advisory Service, abortifacient drugs will be made more readily available to women in the United Kingdom for abortions within nine weeks of conception.  The first of the two drugs used is to be administered by a physician, while the second, which induces expulsion of what is supposed to be a dead fetus, is to be taken by the woman at home two days later.  BPAS argued that the arrangement will be more economical.  Its chief executive, said that it would "give women more control over their own abortions.” [The Sun, 9 August]  In addition, there are plans to give the abortifacient drugs to Irish women who go to Britain from the Republic for abortions.  They would take the second pill after returning home.[The Sunday Times, 8 August]

One unexamined problem with the scheme is that women experiencing complications, including incomplete abortions, will likely present at hospital emergency rooms to have the abortions completed.  There is likely to be a conflict if a conscientious objector is faced with a woman who is carrying a living fetus but who wants an incomplete chemical abortion completed surgically.  The problem has become a significant issue in South Africa, and would be particularly serious in Ireland, where most Obstetricians and Gynaecologists will not perform abortions for reasons of conscience [Conscientious Objection in Ireland (May, 2000)].

4 August, 2004
South Africans fear bill will be used to force nurses to assist with abortions

Proposed amendments to South Africa's abortion law will permit any health facility with a 24-hour maternity service to perform abortions up to 12 weeks gestation and allow abortions to be performed by registered nurses, traditionally called "nursing sisters" or "sisters" in South Africa.  The Christian View Network, Human Life International, Pro-Life South Africa and the Evangelical Alliance are lobbying for a protection of conscience clause because they fear that health care workers will eventually be deprived of their freedom to avoid participation in abortion.  Problems have already arisen for conscientious objectors, either because they have had to deal with abortions started by a previous shift, or abortions started by physicians outside the hospital who have prescribed abortifacient drugs and told their patients to go to emergency rooms deal with complications. [Independent On Line] [Doctors for Life news release]

Opposition to Mental Capacity Bill in UK
Disability Awareness in Action (DAA), the National Centre for Independent Living and The British Council of Disabled People have formed a coalition to oppose the government's Mental Capacity Bill.  They are concerned that the bill will allow family members to force sterilization, withdraw medical treatment, including nutrition and hydration.  The concerns are shared by many conscientious objectors in health care professions.  [Disability Now , 4 August].

3 August, 2004
Alabama public health ordered to rescind policy

A policy of mandatory distribution of the potentially abortificacient morning-after pill will be withdrawn by public health authorities.   Health and Human Services Secretary Tommy Thompson has acknowledged that the current law does not support the policy.  It has been reported that the implementation of the policy resulted in the forced resignation of at least 11 nurses, and led 50 employees asked for reassignment. [Catholic World News. 2 August]

South African physicians concerned that new law jeopardizes freedom of conscience
An amendment to the South African abortion law is being opposed by physicians because it will impose pressure on conscientious objectors in hospitals "designated" to provide abortions. [News release] [See also Are State Doctors in the Western Cape willing to implement the Choice of Termination of Pregnancy Act of 1996? An opinion survey conducted in the Western Cape in November 1997.]

Terminal sedation in Netherlands associated to death by starvation, dehydration
According to Dutch researchers, terminal sedation, a procedure intended to render a patient in intractable pain unconscious, is being used in the Netherlands in conjunction with withdrawal of food and fluids in order to cause the death of a patient.  They estimate that four to 10 percent of patient deaths are caused in this way.  The researchers from the Erasmus Medical Centre and the Free University Medical Centre in Amsterdam also reported that about 44% of patient deaths in the country are the result of a 'medical decision', such as assisted suicide or refusal or withdrawal of treatment. [Expatica, 3 August]

30 July, 2004
General Medical Council may appeal ruling

Britain's High Court accepted the arguments of Leslie Burke, who suffers from a degenerative brain condition, that present GMC guidelines that allow doctors to withdraw food and fluids from patients contravene   the European Convention on Human Rights.  The BBC reports that the GMC will either have to appeal, or redraft its  guidelines to incorporate a presumption that a patient wants to live. [BBC, 30 July]  Withdrawal of food and fluids from patients who are not dying or near death is a morally controversial issue for some health care professionals.

Euthanasia bill in preparation for Scotland
 Jeremy Purvis, a member of the Scotland's parliament, is reported to be drafting a bill to legalize euthanasia in Scotland.  He argues that the bill is simply a "natural progression" from rules that now permit withdrawal of treatment. [Sunday Herald, 1 August]

29 July, 2004
Pharmacist attacked for exercising freedom of conscience

Pharmacist Steve Mosher, who owns the only private pharmacy in Fabens, Texas, refuses to dispense contraceptive pills because of concern that they may have an abortifacient mechanism.  Planned Parenthood in El Paso attacked Mosher because he would not fill a prescription for a "legal product" and was creating a "barrier" for women in Fabens.  Mosher will dispense birth control pills when they are prescribed for reasons other than contraception. [El Paso Times]

28 July, 2004
Lack of conscience clause cited as concern in Mental Capacity Bill

James Bogle, a London lawyer, has pointed out that the Mental Capacity Bill permits non-medical proxies to force doctors to withdraw or withhold treatment or nutrition in order to end a patient's life, with no provision for conscientious objection by physicians. [The Telegraph, 28 July]

27 July, 2004
Diagnosis cited as reason not to treat infant

The North West Wales NHS  representing a Bangor, North Wales Hospital has postponed a request that the High Court decide whether or not it is obliged to treat a six month old infant diagnosed with Edwards Syndrome.  It appears that, since most infants suffering from the syndrome die within a year of birth, the Trust was of the view that there was no point in treating him.  The child has been at the hospital for four months.  News reports do not indicate that the child was near death.  His mother opposed to application. [BBC, 27 July]

25 July, 2004
Royal College of Nursing to reconsider euthanasia

Euthanasia supporters have convinced the Royal College of Nursing to reconsider its opposition to euthanasia.  The chair of the RCN's ethics committee supported Lord Joffe's Assisted Dying bill last year.  [Sunday Herald, 25 July, 2004] Conscientious objectors among nurses will be significantly affected should the College begin to support euthanasia. [See Assisted Suicide:  What Role for Nurses? ]

23 July, 2004
Audiotapes available from Conflict and Conscience in Health Care

The Center for Bioethics and Human Dignity is making available tapes of its summer conference on freedom of conscience issues.  [Full Conference] [Plenary Sessions only]

22 July, 2004
First international conference on ethics, science, and moral philosophy of assisted human reproduction
The Royal Society of London is hosting conference from September 30th to October 1st, 2004. Among the planned presentations:

  •  Procreative Liberty : Scope and Limits of Reproductive Freedom; 
  • When Does Life Begin: The Moral Status of the Human Embryo;
  • Designer Babies: Choosing Our Genes, Changing Our Future;
  • Why We Are Morally Obliged to Genetically Enhance Our Children;
  • The Ethics of Human Reproductive Cloning; ES Cell Research and the Moral Status of Human Embryos;
  • Gay Science: Choosing Our Children's Sexual Orientation;
  • Preconception Gender Selection: Choosing Our Children's Sex;
  • Preventing the Existence of People with Disabilities;
  • Godless Morality: Keeping Religion Out of Ethics.

21 July, 2004
Embryos to be conceived as tissue donors

The United Kingdom's Human Fertilisation and Embryology Authority has approved the conception of embryos with a view to selecting one to provide stem cells for a two year old boy in Northern Ireland.  Embryos not selected for this use will presumably be frozen, used for research or destroyed.  Production of embryos for tissue donation has already taken place in the United States and Australia.

Controversy about MAP in Northern Ireland
The Family Planning Association is angry that only two of fifteen hospital emergency departments in Northern Ireland dispense the potentially abortifacient morning after pill.  A third will dispense the pill only to girls under 18 years old, and some doctors refuse to prescribe the drug for reasons of conscience.  It is possible that attempts will be made to force conscientious objectors to dispense the drug, despite the fact that it is widely available from physicians, clinics and can be purchased over the counter at pharmacies. [BBC]

$60,000.00 damages for birth of child
A woman whose child survived an attempted abortion has been awarded $60,000.00 for stress and loss of income by the Supreme Court of British Columbia, Canada.  The court refused to award money for the raising of the child.  After the failed abortion, Prince George regional hospital offered the woman money for a partial-birth abortion in the United States, but she declined.  The case differs somewhat from other wrongful birth cases because the child is not handicapped.  In this respect, it is a precedent that concerns those performing abortions rather than conscientious objectors.

19 July, 2004
Controversy continues re: Mental Capacity Bill
The Catholic bishops' conference of England & Wales stated that there are grounds to believe that the draft Mental Capacity Bill is inconsistent with the teaching of Pope John Paul II in Evangelium Vitae (the Gospel of Life).  An archbishop speaking for the conference noted that opponents of the bill  "many reasonable fears".  While the conference does not believe that the bill introduces permission for euthanasia, other critics insist that the bill will legalize euthanasia by neglect. [CBCEW, July 2004]  [SPUC media release, 19 July, 2004] [See Warning sounded about Mental Incapacity Bill]

17 July, 2004
Only half of Dutch euthanasia cases are reported

Research indicates that only half of about 3,500 cases of euthanasia that occur each year in the Netherlands are reported as required by law.  The Dutch health minister wants to be able to discipline doctors who ignore 'procedural' guidelines, since the public prosecution service concerns itself only with those who disregard 'material' guidelines.  Health care institutions are being urged to appoint euthanasia consultants and establish guidelines for the procedure [British Medical Journal].  Increased expectation of participation in the procedure is likely to cause problems for conscientious objectors.

15 July, 2004
Warning sounded about Mental Incapacity Bill
National People First, the British Council of Disabled People, Disability Awareness, and the Guild of Catholic Doctors are among the critics of the United Kingdom's Mental Incapacity Bill.  The Guild is concerned that the definition of 'euthanasia' does not include euthanasia by omission, and that the bill will lead to euthanasia: first, by withdrawal of food and fluids, and later, by lethal injection [Guild commentary].  Passage of the bill would have serious implications for conscientious objectors.

Protection of conscience amendment added to bill
A committee of the US House of Representatives has added a provision to a spending bill that will prohibit the use of funds authorized by the bill by any federal, state or local agency that discriminate against institutions that do not provide or refer for abortions.

14 July, 2004
Blonde hair and blue eyes required

Those who normally do not object to artificial reproductive technology may, nonetheless, encounter cases in which they may experience a conflict of conscience.  This is illustrated by the case of Helen McCrave, a woman in the United Kingdom whose IVF treatment will be delayed for an indeterminate period because she does not have blonde hair and blue eyes.  The conditions for treatment include a requirement that she donate some of her eggs to the IVF facility, but the current demand is for eggs from blonde, blue-eyed donors.[This is Plymouth, 14 July]

12 July, 2004
Nicaraguan concerns about abortion

Arguments being made in favour of legalizing abortion in Nicaragua have been criticized by the Nicaraguan Catholic bishops' conference.  The country has a pro-life constitution.  Legalization of the procedure would have a profound impact on health care workers who object to abortion.

9 July, 2004
Canadian Pharmacists Association queried by Catholic bishops
The Canadian Pharmacists Association has been asked by the Canadian Organization for Life and Family to ensure that pharmacists disclose to patients the fact that the morning-after pill can cause the death of the early embryo by preventing implantation.  COLF, which addresses life issues for the Canadian Conference of Catholic Bishops, also asked the Association about its policy on freedom of conscience for pharmacists who do not wish to dispense the morning-after pill. [COLF letter]

Belgium: 400 cases of euthanasia
400 cases of euthanasia have been reported in Belgium since the procedure was legalized two years ago.  Questions have been raised about the accuracy of the figure, while some claim that the number represents only the disclosure of euthanasia that would have happened illegally. [Expatica ]

6 July, 2004
Chilean court rules against morning-after pill
Judge Silvia Papa of the Chilean Federal Court has ordered the withdrawal of all drugs containing Levonorgestrel, the key hormone in the morning-after pill.  The judge ruled that the pill can prevent implantation of the early embryo, thus acting as an abortifacient.  Abortifacient drugs are illegal in Chile.  The Ministry of Health has been attempting to force Chilean mayors to distribute the drug, sparking opposition from authorities in the Catholic Church.  The controversy suggests that legalization of the drug would create conflicts of conscience among some health care workers and others ordered to distribute it.

British Medical Association: abortion survivors should not be neglected
BMA guidelines require that infants who survive abortions should receive the same care and treatment as other infants, but it appears that the guidelines have not been followed in a number of cases.  The Sunday Times reported upon six cases in which babies who survived abortions were denied medical treatment until they died.  One midwife stated that there was an 'unwritten rule' that abortion survivors were not to be resuscitated. In one case, the child lived for three days [The Sunday Times, 20 June, 2004] .  65% of the delegates at the BMA's annual conference in Llandudno, Wales, reinforced the guidelines by voting in favour of equal care and treatment for infants surviving the procedure [Daily Post].  That 45% of the delegates were in favour of causing the death of the infants by neglect may be taken as an indicator of support for infanticide in these cases.  It also provides an explanation for the existence of the practice.  Similar problems were reported at the Foothills Hospital in Calgary, Alberta [Nurses At Foothills Hospital Rebel Over The Horrifying Results Of Late-Term 'Genetic Terminations']The College of Physicians and Surgeons of Alberta eventually responded by approving the lethal injection of infants in utero prior to late term abortions to ensure that none are born alive.

Statistics in the United Kingdom  show that 114 abortions in 2002 were of infants at 24 weeks gestation or more.  The Sunday Times of 27 June, 2004, reported that a  child was born at 25 weeks gestation a few hours before a scheduled abortion at Guy's Hospital, London. Abortion, neglect of abortion survivors and killing by lethal injections in utero  place conscientious objectors among health care workers in difficult situations.

4 July, 2004
Euthanasia supporter threatening suicide
Andrew Graham of Fife, Scotland, has threatened to commit suicide because he suffers from multiple sclerosis and is in constant pain.  He has asked that euthanasia be legalized.

 

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2004