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30 September, 2005
Groningen
Protocol to be approved for infant euthanasia
Guidelines developed by the Groningen University Medical Center for
killing terminally ill infants who are in great pain and have no likelihood
of recovery will be discussed in Parliament, but there will be no vote
before they are put into effect. Under the guidelines, two doctors and
the parents must agree to the procedure. Opposition to the change
voiced from different quarters indicates the potential for conflicts of
conscience arising among health care workers involved in such cases. (CBC)
Attempt to suppress freedom of conscience fails in court
The National Family Planning and Reproductive Health Association failed to
convince a federal court to overturn the Hyde-Weldon Amendment, which helps
to prevent discrimination against health care workers who refuse to perform
or refer for abortion. The NFPRHA argued, in effect, that protecting
their freedom of conscience was unconstitutional. The suit was opposed
by the Christian Legal Society and Alliance Defense Fund, representing the
Christian Medical Association and the American Association of Pro-Life
Obstetricians and Gynecologists. (WorldNetDaily.com
)
Prostitutes
become "sex workers" for disabled
The Australian state of Tasmania will pay for prostitutes for disabled
clients unable to afford their fees, while a disabled Danish man can expect
the government to pay for the services of a prostitute twice a month.
In either case, the arrangements illustrate the potential for conflicts of
conscience arising among social workers who may not want to facilitate such
sexual liaisons. Danish guidelines suggest that caregivers may have to help
clients communicate their sexual wishes to the prostitutes. In
principle, there appears to be no reason not to expect health care workers
to find prostitutes for patients.
29 September, 2005
Assisted suicide
group opens German office
Dignitas, a Swiss organization that has helped over 450 people commit
suicide since 1998, has opened an office in Hanover, Germany.
Legalization of the procedure would likely have a significant impact on
health care workers who object to it for reasons of conscience.
28 September, 2005
Wisconsin bill goes to governor
Assembly Bill 207 (The Conscience Protection Act) passed the Wisconsin
Senate by a 21-12 vote and goes to the governor for signature. Governor
Doyle has repeatedly vetoed freedom of conscience legislation.
24 September, 2005
Illinois
judge refuses restraining order against governor's rule
Sangamon County Judge John Belz declined to issue a temporary
restraining order against a rule imposed by the state governor that requires
pharmacies to dispense the morning after pill. Lawyer for the state
Attorney General argued successfully that the complainants, who are pharmacy
owners who object to the rule for reasons of conscience, do not have legal
standing to apply for an order because they have not yet been sued or
prosecuted.
22 September, 2005
Protection of conscience to be debated in Wisconsin Senate
The Conscience Protection Act (AB
207) will be debated in the Wisconsin Senate on 27 September, 2005. It would protect medical
professionals, medical students, medical facilities and medical schools from
being forced to participate in abortion,
assisted suicide, euthanasia, the deliberate destruction of human embryos for
research purposes or any other purpose, and the use of the body parts of aborted
babies. The bill does not prohibit any of the activities from taking place but simply protects those in the health care community who do not wish to engage in
activities that deliberately destroy human life.
Human stem cells
from abortions used in mice
University of California at Irvine researchers have injected stem cells from
the brains of aborted infants in experiments into mice that have spinal cord
injuries. The mice regained some mobility. Use of tissue from
abortions is morally controversial. It could give rise to conflicts of
conscience among researchers. If a product or treatment depending on
such tissue is developed, it would continue to be morally controversial and
would likely generate conflicts of conscience among other health care
workers. Already, StemCells Inc. of Palo Alto, California, is seeking
permission to inject foetal cells into infants with Batten disease, which
destroys the central nervous system. [Washington
Post]
20 September, 2005
Assisted suicide bill to be
debated
An amendment to the Canadian Criminal Code to permit assisted suicide, Bill
C-407, will be debated on 31 October during second reading in the House of
Commons. The bill could be defeated at that stage or be sent to
committee. The bill includes no protection for conscientious
objectors.
18 September, 2005
Massachusetts legislature overrides veto, legalizes repressive measure
The Senate and House of Representatives in Massachusetts have overridden a
veto by the state governor in order to enact legislation that will force
hospitals to provide the morning-pill to rape complainants.
16 September, 2005
Pharmacies sue Governor of
Illinois
The argument that an 'emergency' order by the Governor of Illinois is
acceptable because it directs pharmacies, not pharmacists, to dispense the
morning after pill , is now being contested by four pharmacists who own or
co-own five pharmacies in the state. The suit alleges that the
governor's order violates the Illinois
Health Care Right of Conscience Act by suppressing the
freedom of conscience of pharmacy owners.
15 September, 2005
Wisconsin bill considered in
hearing
The Wisconsin Senate Health, Children, Families, Aging & Long Term Care
Committee was scheduled to hold a hearing today on
Assembly Bill 207,
authored by Rep. Jean Hundertmark (R-Clintonville) and Sen. Carol Roessler
(R-Oshkosh). The bill has already passed the state Assembly. [News
release]
Health care cuts
jeopardize patients
Only about a quarter of applications for re-approval of health care items
like feeding tubes, nutritional formula and ventilators have been approved
since a new law took effect on 1 September in Missouri. The law made
such items "optional equipment," despite the fact that they are essential
for some patients. Concern is being expressed by representatives of
disability rights groups that the changes, made for economic reasons, will
result in the death of people dependent upon such equipment. [Agape
Press] [St.
Louis Post Dispatch] The law may also cause conflicts of conscience for
health care workers.
14 September, 2005
Ontario College of Pharmacists seeks to suppress freedom of conscience
In March, 2005, the Ontario College of Pharmacists submitted recommendations
regarding a "Code of Ethics for Pharmacists and Pharmacy Technicians" to the
Ontario Health Professions Regulatory Advisory Council (HPRAC).
“Principle 4” of the submission states: "The pharmacist and pharmacy
technician respects the autonomy, individuality and dignity of each patient
and provides care with respect for human rights and without discrimination.
No patient shall be deprived of pharmaceutical services because of the
personal convictions or religious beliefs of a pharmacist or pharmacy
technician."
Despite the fact that a well-known controversy surrounds freedom of
conscience in health care, especially with respect to pharmacists, the
College did not, in drafting its recommendation, confer with or invite
submissions from those likely to be adversely affected by the implementation
of such a principle. The submission appears to have been drafted
secretly and made without any announcement. News of the submission
came through Iain Benson of the Centre for Cultural Renewal, who sharply
attacked the College's recommendation as inconsistent with the approach
taken by the Canadian Medical Association and contrary to the Canadian
Charter of Rights and Freedoms. [See
"A narrow
and frankly totalitarian view of professional practice"]
13 September, 2005
Medical students'
forum planned for Montreal
A forum sponsored by Canadian Physicians for Life will be held in Montreal
from 17 to 19 November, 2005. Students will be encouraged to learn to
articulate their views in a manner that is likely to be more readily
understood and accepted by colleagues. This is of particular
importance for those who object to some medical procedures or services for
reasons of conscience.[Notice]
Euthanasia
conference planned in United Kingdom
The University of Liverpool, England, is the site for an international conference on euthanasia
that begins on 13 September. Topics will include the
withdrawal or withholding of medical treatment, voluntary euthanasia and
assisted suicide. Medical and legal experts from German, Belgian,
Dutch and UK universities will be taking part [BBCNews].
12 September, 2005
American College of Obstetricians and Gynecologists attacks freedom of
conscience
The Christian Medical Association has accused the 'pro-choice' ACOG of
hypocrisy for attempting to deny freedom of choice to physicians who object
to abortion. In a letter to US Senators, ACOG President, Dr. Michael
T. Mennuti, insisted that physicians unwilling to perform abortions for
reasons of conscience should be forced to refer patients for the procedure.
[CMA
news release]
Abortion drug advocated
in Australia
Mifepristone (RU-486) has been banned in Australia since 1996, but the Royal Australian and New Zealand College of Obstetricians and
Gynaecologists argues for its legalization in a policy document to be
released later in 2005. The use of the drug can cause problems for
conscientious objectors, even if they are not required to provide it
themselves. [See
Mifepristone (RU486) urged without regard for consequences for conscientious
objectors]
11 September, 2005
California bill compels pharmacies to dispense morning after pill
The Californian Senate has passed a
bill that
allows pharmacists to decline to dispense drugs for reasons of conscience,
but which compels the pharmacy manager or owner to ensure that the patient
has "timely access" to the drug. An 'emergency' order from the
governor of Illinois issued early this year was drafted in a similar manner
and has given rise to lawsuits by affected pharmacists.
Euthanasia reported in New Orleans after hurricane
The Daily Mail (United Kingdom) has published an
interview with a New Orleans doctor who admitted that, after the
devastation caused by hurricane Katrian, he had given lethal injections of
morphine to patients who would otherwise "have been dead within hours, if
not days." Local government officials and a hospital orderly
corroborated the story. An emergency worker was quoted as saying that
the patients "were given a lot of morphine and lain down in a dark place to
die." The failure to respond promptly to the needs of patients left
helpless after the hurricane clearly contributed to the decision to kill the
patients, but the procedure remains morally controversial even in the
extraordinary circumstances prevailing after the catastrophic flood that
overwhelmed the city. It is unlikely that any issues arose in New
Orleans concerning conscientious objection, but the fact that euthanasia was
practised is likely to be used as an argument for its legalization. This may
have long-term consequences for objectors.
10 September, 2005
Foetal tissue sold in Ukraine
Foetal spleen and liver cells and fragments of foetal spine are among the
products advertised for sale on the website
http://www.celltransplantation.iatp.org.ua/specialist.htm.
The 'products' are
produced by the Institute for Problems of Cryobiology and Cryomedicine
of the National Academy of Sciences of Ukraine, in Kharkov from legal
abortions. An
article in The Times On-Line reports that babies born before 27 weeks
gestation are considered 'abortions' and not registered. Those that do
not survive may be harvested by medical authorities for their body parts.
Ukraine is in the process of changing the definition of 'birth,' which may
address this problem. Similar controversies have arisen elsewhere [
Wholesale enterprise supplies
researchers (Canada & U.S.A.)
(1999)]
9 September, 2005
Scientists plan
to make embryo with three parents
The Human Fertilisation and Embryology Authority in the United Kingdom has
approved a plan by researchers at the University of Newcastle to make
embryos with genetic materials combined from a man and two women. [BBC
News] The project illustrates the continuing development of morally
controversial procedures and the need for comprehensive protection of
conscience legislation drafted with such developments in mind.
8 September, 2005
100 British peers support euthanasia
This is Bristol reports that 100 members of the House of Lords
support the campaign of a terminally ill woman to legalize euthanasia.
Her supporters include Lord Joffe, the author of a bill that would legalize
the procedure. 29 year old Kelly Taylor abandoned an attempt to starve
herself to death because it caused too much suffering.
6 September, 2005
Peruvian court prohibits distribution of morning-after pill
In a ruling that illustrates the moral controversy surrounding the
morning-after pill, a court in Lima has prohibited the distribution of the
drug in the country until it has been determined not to have an
abortifacient mechanism of action.
30 August, 2005
Survey
illustrates potential for conflicts of conscience
Results of an internet opinion pole by the Daily Telegraph suggest that 58%
of Britons favoured an upper limit of 20 weeks or less for abortion.
In contrast, 87% favoured euthanasia and 67% supported assisted suicide.
The numbers suggest that conflicts of conscience are more likely with
respect to abortion than euthanasia or assisted suicide, but that the
pressure on objectors to the latter procedures would probably be more
pronounced were they to be legalized.
29 August, 2005
Objector begins court
case in South Africa
Sister Wilhelmien Charles has begun an action in the Johannesburg High Court
against the Kopanong Hospital in Vereenging for having barred her from
working in an operating room because she objected to assisting with
abortion. She is seeking R50,000. in damages and reinstatement. [South
African nurse denied position]
Refusal
to transport inmates not a conscience issue
In Arizona, a Maricopa County Superior Court judge has ruled that a county
sheriff's office must transport female inmates for elective abortion
without first obtaining a court order to do so. The Sheriff had
refused to do so primarily because of security and liability concerns.
No issue was raised with respect to conscientious objection by sheriff's
officers. [Arizona Daily Star]
20 August, 2005
Illinois
pharmacists will defy governor's order
Several pharmacists in Illinois have stated that they will not comply
with the state governor's order that requires pharmacies to dispense or
refer for the morning-after pill if they carry contraceptives. The
governor argues that the rule applies to pharmacies, not pharmacists, so it
is unclear how the rule will be applied. In theory, it would adversely
impact objectors who own their own pharmacies, but only one of the
pharmacists refusing the order has an interest in the business in which he
works.
18 August, 2005
Aborted fetal skin used for
grafts
Skin from an aborted baby has been used as a graft to treat burn victims by
physicians at the University Hospital of Lausanne in Switzerland. The
use of tissue from aborted infants has the potential to cause conflicts of
conscience among health care workers and patients.
17 August, 2005
Temporary rule becomes law
in Illinois
The Illinois state legislature's Joint Committee on Administrative Rules
approved a rule by Governor Blagojevich that pharmacists must dispense
contraceptives "without delay," regardless of conscientious objection to the
drugs. All but two members of the bipartisan committee voted in favour
of the rule.
12 August, 2005
UK Catholic
Hospital permits abortion referral
A spokesman for St John and St Elizabeth Hospital, a private Catholic
institution in the United Kingdom that is apparently well-known because the
babies of numerous celebrities have been born there, has stated that
patients are being referred for abortions by physicians at the hospital when
they are deemed "medically necessary." She described this as a
"compromise" between Catholic teaching and the hospital's philosophy.
However, Dr. Helen Watt of the Linacre Centre for Healthcare Ethics, also
located at the hospital, states that the practice of referral for abortion
should not be permitted in a Catholic facility. The situation became
public as a result of a decision by the hospital to lease space to National
Health Service physicians, who are reported to be obliged by contract to
refer for abortions and prescribe abortifacient drugs. Cormac Cardinal
Murphy-O'Connor is reported to be heading an inquiry into the problem.
11 August, 2005
Planned
Parenthood criminalizes freedom of conscience
Kathy Kushnir, an executive officer of Planned Parenthood of Rhode Island,
has described the exercise of freedom of conscience by a pharmacist as
"criminal." On a Friday night, a pharmacist at a drive-in window of a
CVS Pharmacy in Providence, Rhode Island, refused to fill a prescription for
the potentially abortifacient morning-after pill for reasons of conscience.
The pharmacist advised the patient that she could return later or drive to
another 24 hour pharmacy to have the prescription filled. The patient
returned the next day and obtained the drug. CVS is supporting the
pharmacist, but Planned Parenthood claims that every prescription presented
by a woman must be filled "period, end of story." Presumably Planned
Parenthood would make the same demand (without respect to the sex of the
patient) for the filling of prescriptions for euthanasia and assisted
suicide. The aggressive policies of the organization illustrate the
ongoing threat to freedom of conscience for health care workers.
10 August, 2005
Catholic
clergy oppose withdrawal of nutrition, hydration
The Confraternity of Catholic Clergy has issued a statement that describes
the provision of nutrition and hydration as ordinary medical care that must
always be provided, adding that "to withhold or withdraw them while
still effective is completely immoral." The group also condemned
destructive human embryo research. The statement illustrates the
potential for conflicts of conscience arising among health care workers and
researchers.
9 August, 2005
Irish group
challenging Irish ban on abortion
The Irish Family Planning Association (IFPA) is assisting the case of three
anonymous Irish women who have lodged a complaint against the Irish
constitution with the European Court of Human Rights. The IFPA is also
launching a campaign to legalize abortion in Ireland. Over 6,000 women
are reported to have gone from Ireland to England for abortion in 2004.
Legalization of abortion would likely lead to serious conflicts of
conscience for many health care professionals, most of whom appear to be
opposed to the procedure. [See
Conscientious Objection in Ireland (May, 2000)]
8 August, 2005
Half of
Dutch doctors surveyed report euthanasia requests
Half of
the 3,614 doctors surveyed in a study of general practitioners in the
Netherlands had received at least one request for
euthanasia in the previous year. The government reported 1,886 cases of
euthanasia in the year, out of more than 2,600 requests. The figures
suggest that legalized euthanasia affects a substantial number of
physicians. About 60% of the physicians approached responded to the
survey.
7 August, 2005
Lesbian sues objecting physicians, seeks to deny defence of religious
freedom
A case pending in the
4th District Court of Appeals in San Diego, California, will be of
considerable importance to religious believers in the state. Dr.
Christine Brody, Dr. Douglas Fenton and their medical practice are being
sued by a lesbian whom they refused to inseminate for reasons of conscience.
The plaintiff and defendants describe these reasons differently. The
former claims that they had religious objections to her homosexual
lifestyle/conduct, while the latter assert that they had religious
objections to inseminating the unmarried. Lawyers for the plaintiff
want the court to deny a jury the right to decide whether or not the
physicians "were acting out of sincere religious belief or simply
discriminating against gays" on the grounds that to do so would permit
discrimination "under the guise of religious freedom." Jennifer Pizer
of the Lambda Legal Defense and Education Fund, said that religious
believers in the public square must follow the "neutral" rules that society
has adopted - as if the legalization of homosexual conduct, relationships,
or artificial insemination were morally "neutral." [On this point see
There Are No Secular Unbelievers ;
The Illusion of Moral Neutrality - Part IV;
Establishment Bioethics]
5 August, 2005
Morning after pill
causes conflict in Mexico
On 11 July, 2005, Mexican President Vicente Fox ordered public hospitals or
clinics to make the morning after pill available free. The policy was
condemned by the country's Catholic bishops, and a government minister has
called for the policy to be rescinded. The controversy illustrates the
probability of conflicts of conscience among health care workers called upon
to distribute the drug.
Woman denied
nutrition and hydration dies
A 50 year old woman in Australia died 10 days after a feeding tube was
removed. She had been severely brain-injured after an attempt on her
life by her husband's lover about six months earlier. Removal or
denial of assisted nutrition or hydration from patients who are not dying
remains a morally controversial procedure, though it is legally allowed in
many jurisdictions. 31 July, 2005
Legal
regulation of euthanasia advocated in Columbia
In 1997 a court ruling in Columbia decriminalized assisted suicide, but the
practice remains unregulated. Carlos Gaviria, now a senator, who wrote
the majority court decision, is now calling for a debate on regulating
euthanasia.
29 July, 2005
General Medical Council
succeeds in appeal
An English appeal court has reversed a lower court ruling that would
have prevented doctors from stopping assisted nutrition and hydration when
patients are unable to communicate their wishes. The case may go to
the House of Lords.
26 July, 2005
US House committee holds hearing on attack on freedom of conscience by
Illinois Governor
Luke Vander Bleek, R.Ph., owner of several pharmacies serving rural
areas in Illinois, appeared before the House Small Business Committee to
testify that an 'emergency' order by Illinois Governor Rod Blagojevich
"creates an environment in Illinois whereby a person holding deep moral
convictions concerning the unborn cannot own and operate a licensed
pharmacy." The hearing was arranged by Committee Chairman Rep. Don Manzullo
(R-Illinois) as a result of the Governor's order that Illinois pharmacies
must fill orders for the morning-after pill. One witness said
that she was "humiliated and discriminated against" by a pharmacist who
refused a prescription. She admitted that she obtained the drug at
another store that was 20 minutes away. [Hearing
transcripts]
18 July, 2005
Catholic authority
reflects on use of vaccines from
aborted infants
The Catholic Pontifical Academy for Life has produced a
document, approved by the Congregation for the Doctrine of the Faith, that
reflects on the use of vaccines originating in tissue obtained from
abortion.(Moral
Reflections on Vaccines Prepared from Cells Derived from Aborted Human Foetuses).
The document summarizes the nature of formal and material cooperation and
the moral culpability of those who produce and use such vaccines, so it is
of particular importance for Catholics and those who apply similar moral
reasoning to arrive at judgements of conscience.
17 July, 2005
Marie Stopes International & Abortion Rights target conscientious objectors
Claiming that refusal to refer for abortion violates the guidelines of
Britain's General Medical Council, Marie Stopes International and a group
called Abortion Rights are urging women to complain to the GMC if a
physician who will not provide an abortion refuses to give them the name of
an abortionist. The attack on freedom of conscience will be resisted
by objecting physicians, according to Dr. Peter Saunders of the Christian
Medical Fellowship [The Times, 17 July]
14 July, 2005
Royal College of Nursing general secretary suggests expanded role for nurses
in abortion
Dr Beverley Malone, the
general secretary of the Royal College of Nursing, stated that the
organization wants to increase access to abortion in the early stages of
pregnancy "and allow nurses greater involvement in providing services."
She made no reference to the issue of freedom of conscience for nurses,
which the College supports. (See
Policy of the Royal
College of Nursing of the United Kingdom)
10 July, 2005
Anglican
synod at odds with British Medical Association
A vote by the Church
of England Synod that went overwhelmingly against a legalization of
euthanasia contrasts with the recent decision of the British Medical
Association to cease opposition to euthanasia and assisted suicide. It
provides further evidence that significant conflicts of conscience will
arise if the law is changed. The vote was directed at Lord Joffe's
Assisted Dying for the Terminally Ill Bill.
8 July, 2005
Michigan governor considering mandatory insurance for contraception
Michigan
Governor Jennifer Granholm is reported to be considering a policy that would
force employers who provide health insurance to include coverage for
contraception. Such a possibility concerns the Michigan Catholic
Conference, since it would force Catholic employers to choose between
withholding a benefit from employees and providing what the Catholic Church
holds to be a morally objectionable drug.
Abortion drugs
considered "essential medicine"
Mifepristone and misoprostol, abortion drugs, have been added to the World
Health Organisation's list of essential medicines. Hans Hogerzeil,
director of medicines policy and standards, stated that the drugs will be
especially valuable in developing countries. The use of the drug can
pose significant problems for conscientious objectors. (See
Mifepristone (RU486) urged without regard for consequences for conscientious
objectors)
5 July, 2005
Sex-selective abortion feared
A blood test kit sold for $275.00 (US)
is reported to be 99% accurate in determining the sex of an infant in
utuero. Ethicists like Dr. Michael Grodin of the Boston University
School of Public Health, who are not concerned about abortion to dispose of
infants with genetic or medical disorders, are concerned that the kits will
facilitate sex-selective abortions. The concern illustrates the fact
that conscientious objections can occur among people who do not ordinarily
object to a procedure. [New
Fetal Gender Test Raises Ethical Questions]
3 July, 2005
Pharmaceutical
abortions recommended in UK
As a result of a trial of mifespristone (RU486) involving 50 women at
the Royal Infirmary in Aberdeen, some doctors are pressing for approval for
the use of the drug at home. Widespread use of the drug in South
Africa has caused problems for conscientious objectors at emergency
departments in state hospitals, since the women are often given the drug and
told to go to the hospital to have the abortion completed if there are any
complications (See
Mifepristone (RU486) urged without regard for consequences for conscientious
objectors)
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