October-December, 2004
		
		
	December
	The Center For Reproductive Rights (CRR) is assisting in the attack against 
	the Costa Rican ban on in vitro fertilization launched by ten 
	infertile Costa Rican couples. The case will be heard by the Inter-American 
	Commission on Human Rights (IACHR), which can issue recommendations. The 
	case may move to the Inter-American Court of Human Rights if the 
	recommendations are not followed. (CFAM 
	Friday Fax, December 31, 2004, Volume 8, Number 2)[See also
	
	Secret Memos Reveal Worldwide Pro-Abortion Legal Strategy ;
	
	CRR Secret Strategy] The notion that countries or institutions ought to 
	be compelled to provide procedures that they deem morally objectionable 
	appears to be a fundamental tenet of this so-called 'pro-choice' 
	organization.
	
	The UN Human Rights Committee has not only suggested that Poland ought to 
	liberalize its abortion laws, but has told the country that it should 
	"track" doctors who refuse to perform abortions, as if they are guilty of 
	some sort of crime or misconduct that warrants state surveillance. (CFAM, 
	Friday Fax, Vol. 8, No. 1) [UN 
	Report] [Report 
	Extract)
	Dr. Stephen Carrol of Ireland's National Maternity Hospital has asked for 
	universal screening of pregnant women to identify infants in utero 
	who have Down's syndrome. Such screening is normally done only for the 
	purpose of aborting the affected infants, something that would be 
	problematic in Ireland, where abortion is illegal. Further, evidence before 
	a parliamentary committee in 2000 indicated that most obstetricians in the 
	country would refuse to participate in abortion (Conscientious 
	Objection in Ireland (May, 2000)). Dr. Carrol's suggestion does not 
	appear to have taken the issue of conscientious objection into account.
	The American Center for Law and Justice has filed a 
	legal brief requesting permission to file an amici curiae brief 
	in the civil suit launched to overthrow the Hyde-Weldon amendment, a 
	recently enacted protection of conscience measure. [See
	
	Pro-choice' groups attack freedom to choose;
	
	Attack on freedom of conscience in US House of Representatives]
	The Supreme Court of South Carolina has dismissed a lawsuit brought by a 
	woman who claimed that she would have aborted her son had she been made 
	aware that most of his brain was missing. Associate Justice E.C. Burnett 
	commented that it is impossible to compare being born with a handicap to not 
	being born at all; "It is simply beyond the human experience." 27 American 
	states do not recognize "wrongful life" suits. The issue is of concern to 
	health care workers who do not wish to participate in eugenic screening to 
	identify and kill the handicapped in utero.
	Dr Eduard Verhagen of Groningen Hospital and Dr Louis Kollée of Radboud 
	University Medical Centre in the Netherlands want the government to 
	regularize the killing of handicapped newborn babies by providing guidelines 
	that will protect physicians from murder charges. [The Guardian, 21 
	December. 2004] Admissions that the killing of handicapped infants is being 
	practised even though it is illegal suggests the probability that some 
	health care workers may face conflicts of conscience if required to 
	participate or facilitate the procedure.
	The House of Commons has passed the government's Mental Capacity Bill 
	despite concerns that it will permit euthanasia by withdrawal of necessary 
	treatment or food and fluids. The bill does not include protection of 
	conscience provisions.
	Dr. Eduard Verhagen, speaking for the Groningen Academic Hospital in the 
	Netherlands, has asserted that euthanasia of infants is occurring wordlwide, 
	and that the country's eight teaching hospitals support the request for a 
	panel to consider guidelines for euthanasia for people with "no free will." 
	The statement indicates that health care professionals who object to the 
	practice will face conflicts of conscience, and suggests the need for 
	protection of conscience legislation.
California Attorney general Bill Lockyer is going to court to ensure 
	that California can continue to force health care workers and organizations 
	to participate in procedures to which they object for reasons of conscience. 
	At issue is the Hyde-Weldon amendment, signed by President Bush on 8 
	December, 2004. The new law discourages discrimination against health care 
	providers who do not wish to provide or facilitate abortion. Campaign for 
	Children and Families, a leading West Coast pro-family organization, is 
	protesting the lawsuit. The group pointed out the California would not lose 
	any federal funds if it stopped forcing doctors and nurses to participate in 
	abortions. [News 
	Release]
	In contrast to the Royal College of Physicians and Surgeons and the Royal 
	College of General Practitioners, the General Secretary of the Royal College 
	of Nursing and the head of science and ethics for the British Medical 
	Association have warned that legalizing assisted suicide or euthanasia will 
	threaten the relationship between health care workers and patients. [The 
	Guardian, 9 December, 2004][Assisted 
	suicide bill in UK no longer opposed by physicians' groups] The 
	differences among the professional associations in Britain illustrate the 
	importance of protection of conscience legislation should the procedures be 
	legalized.
	The Vereeniging Equality Court decided that it did not have jurisdiction to 
	hear the case of a nurse who is suing for constructive dismissal because she 
	was discriminated against after declining to participate in abortions. The 
	case is to be referred to the Labour Court in January, 2005. [Business 
	Day]
	Citing documents of the Second Vatican Council, Pope John Paul II told US 
	bishops that "no human activity . . . can be withdrawn from God's dominion," 
	a point that sharply contrasts with the popular secularist view that 
	religious beliefs cannot be permitted to influence public behaviour. The 
	Pope also emphasized that properly instructed Catholics are bound, in 
	conscience, by the "authoritative teaching" of the Church. [Text]
	A woman from Chesire, England, went to Switzerland for assisted suicide at 
	the Dignitas facility. She is now dead, and her case is being cited as 
	another reason for legalizing assisted suicide in Britain. A British court 
	that revoked an order preventing her husband from taking her there noted 
	that criminal justice authorities could consider prosecuting him for 
	assisting in her suicide should he do so. [The Times of London, Scotland on 
	Sunday, 5 December, 2004] 
	[Husband may take wife to Switzerland for suicide]
Current Dutch law permits euthanasia only when a competent patient who 
	is in intractable pain freely and persistently asks to be killed. The Royal 
	Dutch Medical Association (KNMG) is now seeking guidelines on providing 
	euthanasia for people unable to make this kind of decision, such as infants 
	or those with severe disabilities. It has asked the Netherlands Ministry of 
	Health to form a panel to consider the matter. The request follow disclosure 
	that Groningen Academic Hospital has been practising infant euthanasia for 
	some time.[
	
	Read the complete story.]
	Groningen Academic Hospital in the Netherlands has admitted that doctors 
	there have performed euthanasia on four babies with severe disabilities. 
	Euthanasia Prevention Coalition Executive Director, Alex Schadenberg, 
	commented that the babies were killed "not because they are going to die, 
	but because they are going to live." [The Guardian, 1 December, 2004] [AP] 
	[LifeSiteNews.com]. The practice suggests the likelihood that conflicts of 
	conscience will occur among health care workers, especially when it is first 
	introduced.
	November
A law passed by 551 to 548 in France will allow doctors to withdraw 
	lifesaving medical treatment if requested to do so by patients. Although 
	this is being called the legalization of 'passive euthanasia,' the 
	withdrawal of extraordinary medical treatment is not generally considered to 
	constitute euthanasia. The withdrawal of ordinary treatment, or of 
	nourishment and hydration, would be considered euthanasia or assisted 
	suicide by many conscientious objectors. It appears that the new law does 
	not make this distinction, as it allows health care workers to cause death 
	by refusing or withdrawing food and fluids. The sole issue for the law being 
	the will of the patient. [News 
	item] [[British Medical Journal, 4 December, 2004]
	A woman suffering from an incurable brain disease has secured a court ruling 
	that allows her husband to take her to Switzerland for assisted suicide. The 
	High Court of London appears to have decided that she should not be 
	prevented from going to Switzerland for that purpose, but that if her 
	husband assists her he may face criminal prosecution. The case is likely to 
	generate more sympathy for the legalization of assisted suicide, with 
	adverse consequences for objecting health care workers.[News 
	item]
	The firing of conscientious objectors by an Eckerd drug store has led to the 
	introduction of a bill in the state legislature to prevent further attacks 
	on freedom of conscience among pharmacists. [Star-Telegram]
	The Queen's University Human Rights Office has ruled that students who 
	object to abortion for religious reasons can re-direct the .85 cents of 
	their student fees used to support abortion-related campus services to other 
	recipients. The Office overruled the university's Judicial Committee. 
	(Kingston, Ontario, Canada) 
	Lloyds, a large pharmacy chain in the United Kingdom, acknowledges that 
	pharmacists can refuse to sell medications on moral or religious grounds, 
	though it claims that the pharmacist must refer the patient to another 
	pharmacy. The comment was in response to a complaint from a "furious" woman 
	who was directed elsewhere after a Lloyds pharmacist declined to sell her 
	the potentially abortifacient morning-after pill on religious grounds. The 
	woman obtained the drug at a National Health Service walk-in-clinic. Despite 
	the reference to referral by the objecting pharmacist, it appears that the 
	referral was made by non-objecting staff, who spoke at length with the woman 
	and her partner.
	Over the objections of his wife, life support will be withdrawn from a 
	military veteran who signed a 'living will' stating that he would prefer 
	death to remaining on life support during terminal illness or 
	incapacitation. His wife testified that he had been watching football and 
	learning sign language four days earlier, but Orlando Regional Healthcare 
	insisted that his 'living will' must be followed, and the judge agreed. His 
	wife said that would be like killing him, illustrating the kind of conflict 
	that can arise not only between family and medical staff, but among health 
	care workers involved in a case.
	The National Abortion Rights Action League (NARAL), National Organization 
	for Women (NOW) and Planned Parenthood have issued news releases condemning 
	the passage of the Hyde-Weldon amendment. The amendment will discourage 
	state and local authorities from forcing health care workers to provide or 
	facilitate abortion. [See
	
	Pro-choice' groups attack freedom to choose]
	
	Senator Barbara Boxer of California and other pro-abortion senators will 
	attempt to repeal the Hyde-Weldon amendment that will prevent agencies from 
	receiving federal funds if they force objecting health care providers to 
	perform, pay for or provide insurance coverage for abortions. The amendment, 
	originally the
	
	Abortion Non-Discrimination Act (ANDA), passed the House of 
	Representatives but had not received a Senate vote. It was added to a 
	Congressional spending bill. It is believed that Boxer and her supporters 
	will not succeed, either because their bill will not pass or will not be 
	signed by the President. [
News 
	item]
A controversial section of the 9/11 Recommendations 
	Implementation Act was deleted before the bill passed. Critics 
	charged that it would have authorized US immigration authorities to send 
	terrorist suspects to countries believed to practise torture. Canadian Maher 
	Arar, now the subject of a formal inquiry in Canada, alleges he was sent to 
	Syria by US officials, where he was interrogated, tortured and imprisoned 
	for a year. He has launched a lawsuit against the U.S. government. The 
	opposition to the practice, described as "outsourcing torture" by one 
	congressional critic, demonstrates that people understand the principle of 
	vicarious moral responsibility, which, for many objectors, precludes 
	referral for what they consider to be morally abhorrent procedures. [Statement]
	
	Congressman Henry Hyde (R-Il.) and Congressman Dave Weldon (R-Fl.) amended a 
	Congressional spending bill by adding a provision that will deny federal 
	funding to state and local authorities that force objecting health care 
	providers to provide, pay for, insure or refer for abortions. The amendment 
	was originally a stand-alone bill called the Abortion Non-Discrimination 
	Act (ANDA) that had passed the US House of Representatives but had not 
	come to a vote in the Senate. The spending bill has passed, and the 
	protective amendment will come into force when the bill is signed by the 
	President. Ironically, organizations that purport to be "pro-choice" are 
	attacking the legislation because it will safeguard freedom of choice among 
	health care workers. See
	
	Attack on freedom of conscience in US House of Representatives
	A suggestion that the House of Commons debate the legalization of assisted 
	suicide has been made by the Canadian Justice Minister, Irwin Cotler. He 
	stated that the debate would be a discussion that would not lead to a vote. 
	His suggestion follows the acquittal of a woman charged for assisted 
	suicide. Legalization of the procedure would probably have a significant 
	impact on conscientious objectors in health care. 
	Luis Sanchez, President of the Medical Federation of Ecuador, said that the 
	morning after pill must be considered an abortifacient because it can impede 
	implantation of the early embryo, causing a "micro-abortion." The Federation 
	has announced that it supports calls for the withdrawal of the drug. The 
	announcement illustrates the potential for conflicts of conscience among 
	health care workers, which have already occurred in other jurisdictions.[EWTN]
According to a survey by the Human Sciences Research Council, 70% of 
	South Africans oppose abortion for financial reasons and 56% oppose it for 
	eugenic reasons. This suggests that the failure of the government to include 
	protection of conscience provisions in its abortion legislation, recently 
	liberalized, is likely to lead to further problems for health care workers. 
	[All Africa, 15 November, 2004][See
	
	Abortion law amendment likely to impact South African nurses ]
	Catholic, Anglican and Muslim leaders in Kenya issued a joint statement 
	against legalization of abortion, calling it "murder and a grave moral 
	offence." Supporters of the statement include 29 members of the Kenyan 
	Catholic Bishops' Conference, Sheikh Hamad Kassim, a Muslim leader, and 
	Anglican Archbishop Benjamin Nzimbi. The strength of the opposition 
	indicates that significant conflicts of conscience would occur among health 
	care workers were the procedure to be legalized. [All 
	Africa] [South 
	African nurse denied position]
	There are public and private health care systems in South Africa, the 
	private systems serving those who have health insurance or who can afford 
	the fees for service. DENOSA, the Nurses Union in South Africa, is concerned 
	that a new law may unreasonably burden nurses and drive them from the public 
	to the private system. Two thirds of its members are reported to be opposed 
	to abortion [No 
	Place for Abortion in African Traditional Life - Some Reflections (2002)]. 
	The new law, passed without debate by the South African National Assembly, 
	liberalizes the current abortion law (Choice on Termination of Pregnancy 
	[TOP] Act) by allowing nurses to perform abortions and delegating regulation 
	of the procedure to provincial health ministers. Calls for protection of 
	conscience provisions were ignored. The TOP Act was passed without 
	consideration of the fact that a large majority of South African health care 
	workers object to abortion for reasons of conscience. A number of problems 
	have arisen as a result [South 
	African nurse denied position], and there is now grave concern that 
	health care who object to abortion will face increasing pressure and 
	discrimination.
	Nairobi gynaecologist-obstetrician, Dr. John Nyamu, charged with 15 counts 
	of murder following the discovery of the bodies of aborted babies on the 
	Uhuru Highway, asserts that the prosecution is contrary to his 
	constitutional rights to freedom of conscience and freedom of thought. 
	Nurses Marion Kibathi and Mercy Mathai are co-accused. Nyamu's supporters 
	include the chairman of the Kenya Medical Association, Dr Stephen Ochiel. It 
	is reported that Ochiel issued an order to medical professionals to support 
	Dr. Nyamu, which would appear to be inconsistent with his appeal to freedom 
	of conscience. The Kenya Medical Association has become active in favour of 
	legalized abortion. [Kenyan 
	medical association wants abortion legalized The case has been delayed 
	because the prosecution was not ready to proceed. [All 
	Africa, 11 November, 2004]
	Current Moroccan law reflects the Islamic beliefs of its population and 
	prohibits abortion except to save the life of the mother. The United Nations 
	Human Rights Committee (UNHRC) has ordered Morocco to legalize abortion on 
	the grounds that the current law is contrary to the International Covenant 
	on Civil and Political Rights (ICCPR). Other UN groups have attacked freedom 
	of conscience in health care, so it appears that compliance with the UNHRC 
	directive will eventually lead to problems for many health care workers.
	'Catholics' for a Free Choice, Religious Coalition for Reproductive Choice, 
	the Illinois chapter of American Civil Liberties Union and Planned 
	Parenthood, which are fond of justifying morally controversial activities on 
	the grounds that everyone should be able to "choose," are angry that federal 
	workers in 27 counties in Illinois will be able to choose a Catholic health 
	insurance plan that does not cover contraceptives, sterilization, fertility 
	treatment, or abortion. Sisters of the Third Order of St. Francis offer the 
	plan through OSF Health Plans.
	Apparently in response to the recent acquittal of a woman accused of 
	assisting suicide (Canadian 
	woman acquitted of assisting in suicides), Liberal MP Keith Martin, a 
	physician, has suggested that the Canadian public needs and wants the 
	legalization of euthanasia, calling for a "national debate on end-of-life 
	issues." 
Dr Alison Elliot, Moderator of the General Assembly of the Church of 
	Scotland, asserts that the issue of euthanasia needs to be re-examined in 
	light of the belief that God does not want people to suffer unbearably. The 
	suggestion was welcomed by Member of the Scots Parliament Jeremy Purvis, who 
	plans to introduce a bill to legalize euthanasia next year and other 
	pro-euthanasia activists. [The Sunday Herald, 7 November]
	The Kenya Medical Association has become active in advocating legalization 
	of abortion in the country. It organized a pro-abortion workshop attended by 
	politicians, religious leaders and non-governmental organizations that 
	issued a call for the law to be changed. Among the proponents of the change 
	is a former Kenyan attorney general. There is significant opposition to 
	abortion among the Christian and Muslim populations. [No 
	Place for Abortion in African Traditional Life - Some Reflections (2002)] 
	Failure to take that into account in changing the law will cause conflicts 
	of conscience for many health care workers and lead to the kind of problems 
	that are now occurring in South Africa. [News 
	item] [South 
	African nurse denied position] 
73 year old Evelyn Martens, a euthanasia advocate has been acquitted of 
	assisting in the suicides of two British Columbian women. The jury verdict 
	appears to reflect the fact that the Crown could not establish beyond 
	reasonable doubt whether or not Martens actually did anything to assist the 
	women. Although the case turned on the facts and the evidence, Martens' 
	supporters responded to the acquittal by calling for legalization of 
	assisted suicide in Canada. Legalization of the procedure would cause the 
	same problems for conscientious objectors in Canada that they have 
	experienced with abortion and contraception. Canada has no protection of 
	conscience legislation, apart from general guarantees of freedom of 
	conscience and religion in its Charter of Rights.
A woman who travelled to the United Kingdom for 'selective reduction' - 
	the abortion of one of two twins who was reported to be 'abnormal' - is 
	suing the Irish government on the grounds that the Irish ban on abortion 
	violates provisions in the European Union convention on torture, inhuman or 
	degrading treatment or punishment, and respect for private and family life. 
	The case is unlikely to be heard within the next year. [Times 
	on Line] Legalization of abortion in Ireland would have a grave impact 
	on many health care professionals. Most Irish obstetricians are believed to 
	be unwilling to perform abortions. [See
	
	Conscientious Objection in Ireland (May, 2000)] 
	October
	Mrs Joanne Downs of the African Christian Democratic Party, supported by 
	Margaret Ambler-Moore of the DA, proposed an amendment to
	the Choice on Termination of Pregnancy 
	Amendment Bill to prevent health care workers from being 
	"compelled or pressured" to participate in abortions. The amendment was 
	rejected. [No 
	Place for Abortion in African Traditional Life - Some Reflections (2002)] 
	[South 
	African nurse denied position] [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.] 
	[South Africa Changes Abortion Law (1996-97)]
Cristina Alarcon, 
	representing BC Pharmacists for 
	Conscience, has pointed out that the regulatory establishment allows 
	pharmacists to decline to provide services because they don't make enough 
	money, but rejects the idea that they should be free to decline services 
	that they find morally objectionable. [News 
	Release] [Project 
	Report 2001-01]
The organization Christians for Truth is mounting protests 
	against a bill that will liberalize the country's abortion law by making it 
	possible for nurses to perform abortions. The organization asserts that 
	there has been little opportunity for the public to make submissions, 
	despite polls showing that a majority of citizens were opposed to 
	abortion, responses indicating a range of opposition from 57% (among whites) 
	to 74% of black South Africans [See also
	
	No Place for Abortion in African Traditional Life - Some Reflections (2002)]. 
	This suggests that more health care workers will face conflicts of 
	conscience, a problem that began when the government legalized abortion 
	without taking into account the fact that a majority of physicians and 
	nurses were morally opposed to the procedure [South 
	African nurse denied position]. The proposed bill does not include 
	protection of conscience provisions, because, according to the Parliamentary 
	Monitoring Group, it is aimed at "protecting citizens rather than the 
	personal interests of medical practitioners." The statement implies that 
	medical practitioners are not citizens, and that freedom of conscience is a 
	purely 'personal' interest that does not warrant protection by the state. [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.] 
	[South Africa Changes Abortion Law (1996-97)]
	The Royal College of General Practitioners and the Royal College of 
	Physicians no longer oppose Lord Joffe's Assisted Dying for the Terminally 
	Ill Bill. The two groups state that they are 'neutral' with respect to the 
	proposal, though the RCGP said that more 'clarity' was needed. The bill is 
	still opposed by the British Medical Association. Although the official 
	position of the two groups is one of 'neutrality,' it clearly indicates that 
	neither group has principled objections to euthanasia. An RCGP spokesman 
	suggested that many GP's had moved to an 'agnostic' stance with respect to 
	assisted suicide. He also wondered "what type of doctor will be expected to 
	carry out these assisted suicides (emphasis added)." Conscientious objectors 
	will be subjected to considerable pressure as a result of this kind of 
	'expectation,' particularly when health care is delivered by the state as a 
	perceived entitlement. [BBC]
Sister Wilhelmien Magdalena Charles, Chief Professional Nurse at the 
	Vereeniging Hospital, now the Kopanong Hospital, advised the hospital after 
	she became a Jehovah's Witness that she did not wish to participate in 
	abortions. She was compelled to do so despite her protests until Doctors for 
	Life in South Africa came to her assistance. After returning from maternity 
	leave in May, 2004, she was not placed on the surgical theatre roster. The 
	hospital ignored requests from Sister Charles and Doctors for Life to 
	reinstate her or to give written reasons to justify its position. As a 
	result of the affronts to her dignity and emotional and psychological 
	suffering inflicted upon her, Sister Charles finally submitted her 
	resignation on 30 July, 2004. She has launched a civil suit against the 
	hospital.has launched a civil action against the hospital and other 
	authorities. [Details -
	
	South African nurse denied position] [See also
	
	No Place for Abortion in African Traditional Life - Some Reflections (2002)] 
	[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.] 
	[South Africa Changes Abortion Law (1996-97)]
	Pharmacist Neil Noesen is facing a charge 
	of professional misconduct for refusing to fill a prescription for 
	contraceptives at a K-Mart in Menomonie, Wisconsin in 2002. [Wisconsin 
	pharmacist faces charges for following his conscience]
The US Supreme Court has refused to hear an appeal from a ruling by the 
	California Supreme Court that Catholic Charities of Sacramento must include 
	prescription contraceptives in its employee health insurance plan. The court 
	ruled that it is not a "religious organization," despite the fact that it is 
	the instrument used by the Catholic Bishops' Conference of California for 
	charitable work. The Conference had objected to the passage of California's 
	Women's Contraceptive Equity Act (WCEA) in 2000 because the Act's definition 
	of 'religious employer' was too narrow to protect Catholic hospitals and 
	universities. The Act required that an organization exist to inculcate 
	religious values, primarily employ Catholics, primarily serve Catholics and 
	be a non-profit organization. The California Supreme Court ruled that 
	Catholic Charities did not meet any of these criteria. 
	The Independent Advisory Group on Sexual Health and HIV is recommending that 
	family doctors, nurses and family planning consultants be able to provide 
	pharmaceutical and surgical abortions up to10 weeks' gestation. Increasing 
	the number of health care workers involved the the procedures will increase 
	the likelihood of conflicts of conscience in the professions.