Update 2018-03-01
1 March, 2018
Covering the period from 1 January to 28 February, 2018
1. By Region/Country
Visit the Project News/Blog for details.
The President of the World Federation of the Catholic Medical Associations has disclosed that the Canadian Medical Association (CMA) and Royal Dutch Medical Association (RDMA) have asked the World Medical Association to change its policy against euthanasia and physician assisted suicide.
The CMA/RDMA
proposal is not ethically neutral, but would involve a radical revision of the ethical position of the WMA
in favour of the practice of euthanasia and assisted suicide. It would
involve acceptance of the procedures as consistent with medical ethics, or
at least not so inconsistent as to preclude tolerance of the practices.
Dr. Ludo Van Opdenbosch
has resigned from the Belgian euthanasia commission because, he said,
the commission failed to take action after a dementia patient was
euthanasized at the family's request but without the patient's consent, and
the commission routinely ignores the law. Dr. Van Opdenbosch states
that he supports euthanasia, but believes that the commission is acting
improperly because its members include many "leading euthanasia
practitioners" who protect each other. According to the two co-chairs
of the commission, the case that sparked Dr. Van Opdenbosch's resignation
was improperly reported as
euthanasia by the physician involved. They insist that the
physician applied palliative sedation, which is intended to relieve symptoms
but not kill the patient. However, this explanation suggests that
palliative sedation was applied in order to render the patient unconscious
so that she could be starved and dehydrated to death rather than killed by
lethal infusion.
Some health regions in British Columbia are attempting
to compel hospices to provide or permit euthanasia and assisted suicide
on their premises, demanding compliance based on the fact that they receive
public subsidies. Denominational hospitals are facing
similar pressure. One British Columbia euthanasia/assisted suicide
(EAS) practitioner
secretly entered a Jewish nursing home with the help of family members
and lethally injected a resident, after it was made clear that the
procedures would not be permitted on the premises. Resistance to euthanasia
and assisted suicide by denominational facilities has been described as
"ridiculous." In Quebec, the majority of
nurses are
reported to support extending the practice to dementia patients.
An Ontario court
has approved the state medical regulator's policy that requires
objecting physicians to refer patients for morally contested procedures,
including euthanasia and assisted suicide; the ruling may be appealed.
A coalition supporting freedom of conscience for physicians is
campaigning in Ontario and Nova Scotia to secure public support for
protective measures. Nova Scotia has introduced a
toll-free phone number for women seeking abortion, which may relieve
pressure on objecting physicians while ensuring access to the service.
The current abortion law permits abortion to save the life of a woman who
asserts that she will commit suicide if she does not have an abortion.
Practical difficulties
are reported to have arisen in such cases, apparently because many
psychiatrists are unwilling to participate in the process, though they are
said to have
clear guidelines. Abortion advocates and general practitioners are
beginning to discuss plans for abortion provision in the event that a
referendum approves the removal of the 8th amendment to the Irish
constitution, which, in recognizing the right to life of an infant in utero,
effectively prohibits most abortions. The Institute of Obstetricians and
Gynaecologists
supports repeal of the amendment.
Medical ethicist Berna van Baarsen
has resigned
from one of the Netherlands' regional euthanasia control
committees because the country's euthanasia law is now being
interpreted to allow euthanaia of dementia patients, an
increasing number of whom are being lethally injected.
Baroness Nuala O'Loan has introduced the
Conscientious Objection (Medical
Activities) Bill (HL Bill 14) in the House of Lords. The bill
applies to physicians, nurses, midwives and pharmacists and extends
protection for the exercise of freedom of conscience with respect to
participating in abortion, withdrawal of life-sustaining treatment and
activities involving human embryos. What is noteworthy is that
participating "includes any supervision, delegation, planning or
supporting of staff in respect of that activity," which is broad enough to
capture referral, and corrective of a
British Supreme Court
ruling against two midwives in Scotland. The court held that
managing abortion provision did not count as participation under the
Abortion Act (1967). The bill has passed second reading and
has moved into committee.
A new Conscience and Religious Freedom Division
has been formed in the U.S. Department of Health and Human Services to
ensure the enforcement of laws protecting freedom of conscience and
religion. The development is the latest in a see-saw battle between
successive U.S. administratrions. A
rule
involving the Department enacted by outgoing President George Bush to
protect freedom of conscience among health care workers was
eviscerated by the Obama administration, which enacted a 'contraceptive
mandate' to compel even those who object to contraception to pay for
contraceptive health insurance coverage for employees. Much of the
criticism of the new division is vitriolic even by American standards,
apparently a reflecting particular animosity toward the Trump
administration. By the end of February the division had already received
over 300 complaints. An assisted suicide bill in Massachusetts includes a
protection of
conscience provision that is vague and unsatisfactory.
2. News Items
You can search news items by date, country and topic in the
Project News/Blog.
Protection of Conscience Project
Professor Lynn Wardle has retired from Brigham Young
University and has left the Project Advisory Board, of which he
was the first member when the Projectd began in 1999. Three new
advisors have joined the board over the last two months.
-
Prof. David Oderberg,
professor of philosophy at the University of Reading, UK,
is the author of many articles in metaphysics, ethics,
philosophy of religion, philosophy of science, and other
areas. He has been working on freedom of conscience in
health care over the last few years.
-
Dr. Mary Neal is Senior Lecturer in Law, University of
Strathclyde, Glasgow. She researches, writes, and teaches
in the fields of Healthcare Law and Bioethics and a member
of the British Medical Association’s Medical Ethics
Committee.
-
Dr. Iain Benson is Professor of Law, University of Notre
Dame Australia, Sydney and Extraordinary Professor of Law,
University of the Free State, Bloemfontein South Africa.
He is an academic, lecturer and practising lawyer
specialising in pluralism and human rights. His particular
focus is on freedoms of association, conscience and
religion, the nature of pluralism, multi-culturalism and
relationships between law, religion and culture.
February
Rethinking Rural Health Solutions To Save Patients And
Communities
What happens after Repeal?
Medical professionals divided on bill allowing them to refuse to
perform abortions, other procedures
Conscientious objection is an important medical principle
New HHS office that enforces health workers' religious rights
received 300 complaints in a month
World medical body pushes back on conscience fight
Pregnant women in rural B.C. urged to leave town to deliver
Why we must protect the conscience rights of medical
professionals
Munich university remembers executed students: "Law changes, the
conscience doesn't"
Belgium’s euthanasia commission under fire after shock letter by
whistleblower
Euthanasia dispute in Belgium: When do doctors cross a line?
Politicians call on public to oppose Fraser Health making
hospices offer euthanasia
O'Loan submits Bill that would allow medics to refuse to carry
out abortions
Catholic Medical Association Joins with 25,000 Physicians
Fighting Proposed Global Abortion Policy to Strip Conscience
Rights Protections
At Veterans' Homes, Aid-in-Dying Isn’t an Option
Why this is a vital matter of conscience
The midwife hounded out of her job after 30 years (and 5,000
babies) because she refused to supervise abortions
Court decision on assisted suicide referrals opens door for
other challenges
It is not right to force medics to act against their beliefs
Home abortions 'could see more objections from GPs and
pharmacists'
Medical professionals will be able to object to providing
terminations
Delta hospice rebels against Fraser Health's mandate to provide
medical assistance in dying
GPs will seek new State contract for abortion services
Doctor's role in abortion law 'must be clarified'
Conscientious objection and withdrawal of life support
Doctors want palliative care for terminally ill patients
Canadian court tells doctors they must refer for euthanasia
Church calls for Scottish Bill to back medics' conscience rights
Doctors Condemn Massachusetts Suicide Bill
Nova Scotia launches toll-free phone line for women considering
an abortion
January
Doctors who morally object to treatments must refer patients
elsewhere
Changes to abortion provision means NHS staff need more legal
protection
Ontario court rules doctors who oppose assisted death must refer
patients
Why would my terminally ill father be denied a medically
assisted death?
'Pro-life medics must have conscientious objection rights'
Conscientious Objection: A Quick(ish) Answer
Suicidal women struggle to get second opinion when seeking an
abortion
First compensation claim for compulsory sterilisation in Japan
Psychiatrists given clear guidelines on abortion law: HSE
Christian doctors and other medical staff opposing abortion face
serious disadvantage, lords told
Dutch euthanasia regulator quits over dementia killings
BC recorded 188 medically assisted deaths; 77 on Vancouver
Island
Palliative care nurses quit 'houses of euthanasia'
Complaint filed with federal agency by Rockford nurse over
abortion mandates
British conscience protection bill: second reading set for 26
January, 2018
Ontario: make a call for conscience
Quebec nurses back euthanasia for the demented to the hilt:
survey
'I thought it was ridiculous': Religious facilities opposing
assisted death leave patients in a bind
Polish MPs back even tougher restrictions on abortion
Obstetricians and gynaecologists back Eighth committee's
recommendations
Doctors set to fight global abortion policy
How does assisting with suicide affect physicians?
Jewish care home accuses doctor of 'sneaking in and killing
someone'
Pro-life Pregnancy Center Files HHS Complaint Over Illinois Law
that Requires Them to Promote Abortion
UNM suspends physician’s research
3. Recent Postings
News releases
Professor David Oderberg joins Protection of Conscience Project
Advisory Board
Protection of Conscience Project welcomes new advisor from
Scotland
International constitutional and human rights lawyer joins
Protection of Conscience Project Advisory Board
Canadian court rules that state can compel participation in
homicide and suicide
Ontario court ruling "a significant loss for the entire health
care system"
Divisional Court Accepts Religious and Conscientious
Infringement on Ontario Doctors
HHS Announces New Conscience and Religious Freedom Division
Court Holds Health Care Conscience Act Trumps County's Immunity
Claim
General
World Medical Association urged to change policy against euthanasia, assisted suicide:Canadian/Royal Dutch Medical Association want censure dropped
Apparently it's OK to violate doctors' Charter rights
The War on the Hippocratic Oath
The Alarming Trend Of Bullying Hospitals And Hospices Into
Assisted Suicide
Medical Establishment Opposes Conscience Rights
No, Politico, Conscience Protections Are Neither 'So-Called' Nor
'Controversial'
Proposed laws
Conscientious Objection (Medical
Activities) Bill (HL Bill 14)
Massachusetts End of Life Options Act HB 1194 (2017)
4. Action Items
None noted.
5. Conferences/Papers
The Project will post notices of conferences
that are explore and support the principle freedom of conscience, including the
legitimate role of moral or religious conviction in shaping law and public
policy in pluralist states or societies.
Call for papers:
6. Publications of Interest
Nurses' perspectives on whether medical aid in dying should be accessible to
incompetent patients with dementia: findings from a survey conducted in
Quebec, Canada
Physicians are not solely responsible for ensuring access to medical
assistance in dying
Temporal Trends in Gender-Affirming Surgery Among Transgender Patients in
the United States
7. Video
None noted
8. Audio
None noted.