Re: Belgium: mandatory referral for euthanasia
Project Letter to the Belgian Association of General
Practitioners
23 July, 2004
Secretariaat, Nancy Denyn
Wetenschappelijke Vereniging van Vlaamse Huisartsen
St.-Hubertusstraat 58,
2600 Berchem,
Belgium
Dear Madam:
I enclose a copy of the Standpunt over medische beslissingen rond het
levenseinde en euthanasie issued on 4 December, 2003, with the English
translation we have used in reviewing it. The document is of great interest
because the Protection of Conscience Project supports freedom of conscience for
health care workers who do not wish to participate in procedures to which they
object for reasons of conscience. However, the translation is incomplete in some
places and only approximates the meaning of the original, so I am writing to
ensure that we correctly understand the statement and explore some of the issues
it raises.
We are pleased to see that the statement acknowledges that physicians who do
not want to participate in euthanasia may decline to do so. We also agree that
physicians should give timely notice to patients of their views, and that they
should be assisted in developing strategies that will allow them to deal with
requests for euthanasia in a manner that is respectful of the patient, and
consistent with their own principles. Recording end-of-life discussions in the
patients' medical file is very important, especially when there is a conflict
between the views of the patient and the views of the physician. The suggestion
that an "information and communication contract" could be used in this process
is interesting.
However, we have concerns about some parts of the statement, which we now put
forward for your consideration. It is possible that some of these reservations
are based upon a misunderstanding caused by a mistranslation of the text. If so,
correction and clarification would be most welcome.
The first concern is the requirement that a physician who objects to
euthanasia is, nonetheless, expected to facilitate the procedure by assisting
the patient to find a willing physician. The experience of the Project is that
most conscientious objectors would refuse to do so, on the grounds that such
collaboration would incur moral responsibility for the act.
The second concern is the stated intention to make euthanasia one of the
'treatment options' in a continuum of palliative care. Outside Belgium and the
Netherlands, palliative care is understood to mean relieving the burden of pain
and suffering caused by disease, so that patients live comfortably until they
die. 'Palliation' specifically excludes euthanasia or assisted suicide. One
commonly hears, for example, statements like, "We don't need euthanasia; we need
better palliative care." The approach suggested by the statement appears to be a
significant departure from this understanding, and would have a great impact on
anyone involved in the field.
The third concern is the recommendation that euthanasia should not be treated
as a medical specialty, requiring specialist 'teams' and facilities, but should
become part of the regular health care system. This would, potentially, require
the involvement of anyone involved in health care delivery and support, thus
setting the stage for widespread conflicts of conscience. This problem would be
exacerbated by the expectation that conscientious objectors must facilitate
patient requests for euthanasia.
Finally, the expectation that physicians must ensure that patients are aware
of and able to choose euthanasia is likely to present some problems. We would
like to clarify whether or not the signatories to the statement expect or
require that physicians communicating this information do so in a manner that
portrays euthanasia as a morally neutral or morally legitimate choice.
Sincerely,
(Sean Murphy)
Administrator