Access to Appointments: The Effect of
Discrimination on Careers
THE FUTURE OF OBSTETRICS AND GYNAECOLOGY: The Fundamental Right To Practice and
be Trained According to Conscience: An International Meeting of Catholic Obstetricians and Gynaecologist
Organised by the World Federation of Catholic Medical Associations (FIAMC) and
by MaterCare International (MCI)
Sponsored by the Pontifical Council for the Health Pastoral Care ROME, June
17th-20th, 2001
Reproduced with permission
T. Everett Julyan, MBChB BSc
*
ABSTRACT
INTRODUCTION The practice of discriminating between
applicants for posts within obstetrics and gynaecology on the basis of their
beliefs about the status of the embryo is becoming increasingly common. This
affects not only the individual discriminated against, but also medicine and
society as a whole. When this discrimination is faced because of a desire to
please the God of the Bible it is more accurately described as persecution
(Matthew 5:10-12).
EFFECTS ON THE INDIVIDUAL The effects of this persecution on the individual
may be vocational, social, financial, emotional or spiritual. These include
influencing ultimate choice of career, rejection by colleagues, unemployment in
extreme cases, disappointment, disillusionment and temptation towards
compromise. The only positives may be the maintenance of personal integrity and
promise of heavenly reward.
EFFECTS ON MEDICINE & SOCIETY
Excluding all those who refuse to end a human
life simply because its existence happens to be inconvenient to another does
medicine a disservice. It is antithetical to historical medicine which calls for
self-sacrifice on the part of the doctor in order to preserve the patient
according to an established ethical code. It seems that contemporary medicine
only wants doctors who follow the status quo by changing their ethical framework
to suit the wishes of their patients. The logical outcome of this kind of
thinking is that autonomy may be considered to be of greater value than human
life in a variety of clinical situations. But medical practice will become
unethical if doctors are expected to give treatment which they consider to be
inappropriate, such as killing an unborn child. The practice of medicine is in
danger of becoming a commodity marketed with the expedient business ethic of
supply on demand, where the value of human life can fluctuate as a relative
integer. Denying employment to those who seek to preserve life instead of
destroying it is a logical step of pragmatism in a culture where abortion is on
demand. But medicine should not be a business designed to supply every demand
indiscriminately when the demand may not be in the patient's best interests. If
medicine evolves by defining good practice simply as what the patient wants then
society will ultimately become a victim of its own unethical requests (cf.
Romans 1:28-32).
CONCLUSION Discrimination against those who refuse to include ending human
life as part of their job description is becoming increasingly common. However,
this serves neither doctors nor patients and is a symptom of a relativistic view
of medical ethics. Its detrimental effects are far-reaching, affecting
individuals, the medical profession and society in general. Those who see the
dangers in this trend have a duty to protect society, the future of medicine,
their colleagues and themselves from wrongly redefining beneficence and non-maleficence.
PROLOGUE
Thank you for the invitation to attend this international conference and also
for the privilege of addressing you for a few short minutes. Before launching
into my presentation I thought it would be good to give you some background
information on who I am and how I came to be here.
I am 26 years old and graduated in medicine from Glasgow University in 1999.
In March 2000 I was interviewed for a post on a 3 year General Practice
Vocational Training Scheme which included a 6 month attachment in obstetrics &
gynaecology. When the interview panel learned that not only was I unwilling to
perform abortions, but also to prepare women for them I was denied a job, solely
on that basis. After contacting the British Medical Association and an
organisation called CARE (Christian Action Research & Education) I was
interviewed by a journalist and ended up on the front page of a national
newspaper. This one article led to further media attention in other newspapers,
radio, television and (of course) the internet. The organisers of this
conference came across my story and invited me to attend.
I represent two organisations. The first is called the Christian Medical
Fellowship, which is made up of Christian doctors and medical students
throughout the UK. Its aim is to equip Christian doctors and medical students to
be the best they can be, both spiritually and professionally. The second is the
Scottish Council on Human Bioethics, which is made up of around 20 doctors,
nurses, midwives, lawyers and teachers who provide information on bioethical
issues from a Christian perspective to the government and the media. The website
addresses for these two organisations are
www.cmf.org.uk and
www.schb.org.uk
respectively.
INTRODUCTION
My subject is "The Effect of Discrimination on Careers". I believe that the
effects should be considered under two subheadings.
1. The effects of discrimination on the individual concerned
2. The effects of discrimination on medicine and society
My remarks are primarily applicable to the UK and therefore may not
necessarily be true in the various countries represented at this conference.
"Discrimination" is a word we come across on a daily basis. Usually it
carries with it connotations of injustice and prejudice. However, I believe it
is important to note that discrimination itself is morally neutral.
Discrimination is good or bad, right or wrong depending on the criteria on which
judgments are made. For example, good medical practice demands discrimination on
the part of the doctor. It would be a bad (and even dangerous) practitioner who
did not discriminate properly between a fulminating bacterial pneumonia and
influenza, or between cellulitis and a deep venous thrombosis. And, of course,
God Himself discriminates between good and evil, the righteous and the
unrighteous, the sheep and the goats (John 5:28-29, 1 Peter 3:12, Matthew
25:32-46). Discrimination is good and right when the appropriate criteria are
used.
However, the kind of discrimination which this conference has been called to
address is based on unacceptable and politically incorrect criteria. It does not
choose between candidates interviewed for posts within obstetrics and
gynaecology on the basis of their competence, training, experience, career
intentions, postgraduate qualifications nor any other recognised professional
standard but rather on the basis of their beliefs related to the status of the
human zygote, embryo and fetus. This is discrimination based solely on the
beliefs of the individual candidates. As such, it is a problem not only for
Catholics, but also for Protestants, followers of some other religions and those
whose beliefs are held independently of any religious worldview.
The main criterion used by this discrimination process is attitude to
abortion. Ever since the Abortion Act was introduced in the UK in 1967
employment within gynaecology has become more difficult for those with
conscientious objection. Those who survive discrimination in the interview will
inevitably face it in the job when they feel unable to join in "the provision of
termination services". Other issues on which those who believe that life begins
at fertilisation may face opposition are so-called "contraceptives" which may
act after conception (including "emergency contraception"), gynaecological
treatments which may block implantation of a zygote as a "side-effect" and
fertility treatments such as IVF which discard unwanted embryos. This
discrimination is understandable from a pragmatic viewpoint: if all the
gynaecological and "family planning" services allowed by law and demanded by
patients are part of the job then why should a doctor who will refuse to provide
all the "services" be employed rather than one who will?
But what kind of discrimination is this? While justifiable on the grounds of
pragmatism, it is undeniable that this is fundamentally religious
discrimination. If a doctor fails to get a job because of laziness, incompetence
or stubbornness then we would think that the interviewers had done a good job.
Failing to get a job because you refuse to do certain things which your God,
religion and conscience all tell you are wrong is unquestionably discrimination
on the basis of religion and according to current UK legislation this is
unacceptable. Moreover, now that the European Convention of Human Rights has
come into force protecting the individual's right to their beliefs (even when
not part of a formalised religious system) this issue should disappear
overnight, at least in theory.
Three points should be noted at this stage. The first is that whilst
religious convictions and freedom of belief are now recognised as "human
rights", freedom of practice is another matter. We can believe what we like as
long as we have no integrity and "toe-the-line" in our practice.
The second point is that our conscientious objection is reasonable and
acceptable as evidenced by current legislation. The Abortion Act itself
recognises that there will be those with conscientious objection and that this
must be respected. No persons should be under any duty "to participate in any
treatment authorised by this Act to which he has a conscientious objection." One
could understand (perhaps) if "active" conscientious objection was discriminated
against (those seeking to prevent abortions or change unit policy). But we are
facing discrimination because of "passive" conscientious objection (we do not
stand in the way of those who request or perform abortions but we do expect to
be free of any personal obligation to or involvement in the termination
process).
The third point is that those who base their objection to abortion on what
the Bible teaches should not be surprised when they face discrimination because
of these beliefs. God promised that we would, but He called it PERSECUTION
(Matthew 5:10-12).
There is no doubt that this kind of discrimination has increased in the UK
since 1967. In 1996 the Christian Medical Fellowship (CMF) carried out a survey
of its members and discovered that around 14% of the responders believed that
they had been discriminated against at some point in their careers because of
their faith. This may well be an underestimate of the true figure as only CMF
members were surveyed and there is no obligation for interviewers to explain
their decisions to unsuccessful candidates. This increase in discrimination is
related to underlying medical attitudes which have been evolving in the UK.
Understanding how we got to where we now find ourselves is vital in fully
appreciating the effects that this discrimination has on careers.
BACKGROUND
I found it interesting to read a few quotes from historical statements on
medical ethics to see how thinking has changed over the years. Consider the
following:
I will not give to a woman a pessary to produce abortion Hippocratic Oath
~400 BC
The spirit of the Hippocratic Oath can be affirmed by the profession. It
enjoins ... the duty of caring, the greatest crime being destruction in the
co-operation of life by murder, suicide and abortion British Medical Association
Statement 1947
I will maintain the utmost respect for human life from the time of conception
even against threat The Declaration of Geneva 1948
[the child deserves] legal protection before as well as after birth
The
United Nations Declaration of the Rights of the Child 1959
Therapeutic abortion [may be performed in circumstances] where the vital
interests of the mother conflict with those of the unborn child Declaration of
Oslo 1970
I will maintain the utmost respect for human life from its beginning
The
Declaration of Geneva (amended) 1983
Abortion is a basic health care need Royal College of Obstetricians &
Gynaecologists 2000
Note the change in the amended Declaration of Geneva (1983). We respect human
life from its beginning now, not from the time of conception as in 1948. And
it's convenient to leave the time when life begins undefined if we want to
justify abortion.
Medical attitudes to abortion remained fairly static for around 2000 years,
from the time of Hippocrates to just after the Second World War. Then they began
to evolve at an exponential rate. Hippocrates view of medical ethics can be
described as "deontological" from the Greek word "deon" meaning duty.
Hippocrates believed that he had a duty to do certain things and a duty not to
do other things, including abortion, euthanasia, breach confidentiality and have
sex with his patients. For him, it was wrong to kill simply because killing was
wrong. Deontological ethics are based on abstract absolutes; final statements
about what is right and wrong made without reference to an external source of
authority.
In contrast, modern medical ethics are based more on a utilitarian approach,
where something is "right" or "wrong" only insofar as it results in the most
happiness for the most people (happiness being undefined). It is therefore
obvious that the deontological and utilitarian approaches are at opposite ends
of the same spectrum. Deontologists are concerned with means and methods, not
ends and consequences (the ends never justify the means), whereas utilitarians
emphasise ends and consequences (the ends always justify the means).
The Biblical view stands in stark contrast to these extremes. It makes it
clear that in God's ethics, both the ends and the means, the methods and the
consequences are all of vital importance. Thus Biblical ethics make absolute and
final statements about what is right and wrong as in deontological ethics but
with clear reference to an external source of authority (God Himself). But as
this is God's world and God's commandments are designed to be for our ultimate
good, we are persuaded that Biblical ethics will also ultimately bring the most
happinness to the most people (happiness being defined in God's terms).
In the UK the current thinking in the medical world is different in the
respective areas of treatment and ethics. "Evidence-based medicine" has come to
the forefront of British medical thinking in an attempt to ensure that only
treatments which have been shown to be effective and safe (in terms of their
risk:benefit ratio) are used. Thus treatment is based on science so that we can
assure our patients (and ourselves) that their management is the best that
modern medicine can manage according to a source of authority outside our
personal opinions and experience.
This thinking, however, does not extend into the sphere of medical ethics.
Ethical decisions are not made with reference to evidence or any other form of
external authority. Rather ethics are being based on utilitarianism, which is
nebulous, undefined and relativistic in nature. How do we determine if something
should be done or not? What constitutes "good" practice, as opposed to "bad"
practice, in terms of ethics? "Good" practice is being determined by a
combination of public demand and relativism when defined under a utilitarian
ethical framework. The public ask for what they want according to their
perception of what will make them happy; how can we know if their request is a
"good" one or not if our source of authority is public demand?
The corollary of all this is that "bad" practice is then also defined in
terms of what the patient wants. It is only one step from this to a doctor being
viewed as a "bad" practitioner when he or she, for conscience' sake, refuses to
manage a patient according to their demands.
The consequences of the above situation can be predicted using simple logic,
as well as observed. Whilst it is almost universally accepted that everyone
should have freedom of belief, it does not automatically follow that everyone,
therefore, has freedom of practice. In an ideal world I'm sure that
conscientious objection would be respected in practice as well as in law;
freedom of practice would thus be assured. However, when there are finite
resources, when patients demand a service they are legally entitled to and when
only a limited number of doctors may be available to provide that service it is
inevitable (and pragmatically justifiable) that applicants without conscientious
objection to a large proportion of general elective gynaecology will be chosen
over those who have. Most of the time discrimination is not based ultimately on
ethical judgments but rather on expediency and resource provision.
The problem with this is the underlying assumption that abortion is not
"wrong" in the Biblical, theistic or deontological senses of the word. Doctors
with conscientious objection have been accused of "asserting the moral high
ground" in believing abortion to be wrong. But surely the boot is on the other
foot; those who believe abortion is justifiable and discriminate against those
who do not are the ones who stand guilty of their own charge of ethical snobbery
and imperialism. Are they not, after all, saying that their viewpoint is better
than ours?
And so we have reached the stage where conscientious objection to abortion is
verbally respected, but rejected in practice. This is ultimately due to the
underlying assumptions about what constitutes good practice according to a
utilitarian ethical code. The unthinkable has happened; doctors who refuse to
kill are being viewed as second rate practitioners. But to think that this is
the bottom line is to miss the real point. It is God Himself who is being
rejected by the medical profession at large. This itself is no surprise to those
who know His Word.
EFFECTS ON CAREERS
Effects on the individual concerned
The effects of discrimination
on the individual are fairly obvious and indeed have been experienced by
many people attending this conference. I believe that most of them come fall
into the categories of vocational, social, financial, emotional or spiritual
effects. These include failing to get a job or failing to be promoted,
damage to relationships with colleagues, unemployment and loss of income,
disillusionment and disappointment. The only encouragements may be the
comfort of an intact conscience and the anticipation of heavenly reward as
promised by God (Matthew 5:10-12).
Effects on medicine & society
By embracing utilitarian ethics we have reached the stage where patient
autonomy is valued more than human life. A "mother's" right to abortion is now
favoured over her fetus' "right to life". This has resulted in a radical change
in how we define beneficence and non-maleficence. Abortion is viewed as
beneficent and refusal maleficent. This change has been driven by a paradigm
shift in doctor-patient relationships from paternalism to the opposite extreme,
a "business model" of medical practice where supply is matched almost
unquestioningly to demand.
This will ultimately result in the exclusion of those with conscientious
objection from working within obstetrics and gynaecology if they refuse to
compromise. The specialty thus evolves from being one primarily concerned with
bringing new lives into the world to one which is as equally focussed on ending
lives. This is the antithesis of historical ethics. The very ones who took an
oath to make personal sacrifice in order to preserve life have become those who
destroy it. Left unchecked this results in society becoming a victim of its own
unethical requests (cf. Romans 1:28-32).
This means that there is a real possibility that obstetrics and gynaecology
may become a specialty closed to those who refuse to kill. It may not reach that
destination alone; others such as geriatrics and palliative care may follow as
there is ethically no difference between abortion and euthanasia.
CONCLUSION
Discrimination against those with conscientious objection to abortion who
wish to train and work in obstetrics and gynaecology is increasing. This is
having and will continue to have detrimental effects on individuals, medicine
and society. While it appears to be fundamentally intolerance and religious
bigotry the thinking Christian knows that it is just one form of the persecution
which he or she is promised when seeking to follow Jesus Christ. But is there
something we should and can do to protect not only ourselves but also the
millions of young lives which are being so cruelly and thoughtlessly ended
throughout our world? Of course there is.
PROACTIVE STRATEGIES
Before outlining some of the strategies I believe we should use in tackling
this issue, I believe it would be helpful to summarise the problem. Doctors who
have a conscientious objection to abortion are less likely to get a job and/or
promotion within obstetrics and gynaecology than those who do not; this is
discrimination on the grounds of belief and/or religion and is therefore illegal
in most countries. However, the reason for this discrimination is usually not
simply religious prejudice on the part of the interviewers. In the vast majority
of cases it is simply an issue of resources. Just as you would employ a
laboratory technician who is happy to analyse blood samples overnight when
on-call before one who is not, so it appears reasonable to employ doctors who
will not disrupt "termination services" before those who might. The problem with
this analogy, however, is that the underlying assumption in both cases is that
the provision of lab. services and abortions are morally comparable, i.e. they
are both good and desirable. The problems must therefore be dealt with on three
levels.
1. Conscientious objection to abortion should be established as being a
viewpoint which is at least as valid as believing that abortions are acceptable.
2. No doctor should be denied employment because of their beliefs in this
area, either on the basis of moral prejudice or resource issues.
3. As this situation has arisen only because abortion has been legalised, the
focus of our energies should be on the political and public level.
How can we do this?
Evidence & education
We need to know the facts about every area of sexual and contraceptive
health. Only then can we claim to be able to judge what treatment is best for
our patients and only then can we engage in meaningful debate with our
pro-abortion colleagues. Both scientific studies and Biblical theology show that
the healthiest lifestyles are based not only on healthy diet, exercise and not
smoking but also on lifelong heterosexual monogamy in the context of marriage.
The best contraceptive is abstinence; the only sure way to avoid STDs is
celibacy or mutual monogamy. Doctors know this but are afraid to say it in case
they are accused of being judgmental and condemnatory. The public by and large
are ignorant of all this and those who find out (often in a way deleterious to
their health) are upset that they weren't told in the first place. Whose agenda
are we following, God's or Satan's? We need to establish the facts - the risks
and treatments and disseminate them to each other, to our patients, to church
leaders, to the authorities and to our schools. If we don't do this, then who
will?
Co-operation & integrity
One person saying "No" can make a difference, as I found out. But when many
voices from around the world join together who knows what will result? If we can
work in hospitals and clinics with colleagues who are abortionists then we can
work with those who believe that abortion is wrong. Protestant and Catholic,
Muslim and Jew do not have to worship together or pretend that they believe the
same things, but we can work together publicly, politically and professionally
in an attempt to end the mass genocide of unborn children. This conference is a
start. But above all we must be prepared to suffer for our stand. If our actions
and lifestyles fail to match up to the message we proclaim and the protest we
mount then we will be exposed as hypocrites. This means that we have a duty to
educate and encourage others in our respective faiths so that the usefulness of
our testimonies will not be diluted by the beliefs of our uninformed or ill
thought-out religious associates.
Publicity & politics
By establishing the facts and a credible testimony we can have strong
political influence, both through sympathetic politicians and publicity. The
media loves controversy and discrimination can soon become "high-profile",
generating public sympathy and resulting in pressure being brought to bear on
politicians. As the discrimination has only come into existence through
legislation at the political level, this must be our primary target if we want
to change the current situation.
Around 2000 years ago a group of 11 frightened men sat in a locked room,
afraid of their countrymen (John 20:19). But after being empowered by the Holy
Spirit they went out into the world with great courage and boldness and were
soon described as the men who turned the world upside down (Acts 2, Acts 17:6).
One with God is a majority. Human lives, the medical profession and society in
general are in grave need of salvation. What are we waiting for?