Quebec euthanasia proposal challenged as unbalanced

Margaret Somerville, founding Director of McGill University’s Centre for Medicine, Ethics and Law, criticizes the report of Quebec’s Select Committee on Dying with Dignity on the ground that it is unbalanced “and reads rather like a pro-euthanasia manifesto.”  She notes that two thirds of the submissions received by the Committee opposed euthansia. [The Gazette]

 

Compulsory referral for euthanasia recommended in Quebec

The Select Committee on Dying with Dignity has tabled a report unanimously recommending “relevant legislation be amended” to allow euthanasia in the province of Quebec.  The Committee also recommends that objecting physicians be forced to refer for the procedure.  According to the recommendations, conscientious objections by nurses will be allowed, but it does not indicate whether or not they should be compelled to participate in or facilitate the procedure by referral or other means. The Committee recommends that codes of ethics for physicians and nurses be amended accordingly.  The recommendations are available in English, but the report will not be available in English until May [Quebec National Assembly].

 

A correction and qualifications

Letter to the Editor
The BC Catholic
Vancouver, B.C. Canada

20 February, 2012

Sean Murphy, Administrator
Protection of Conscience Project

A correction and some qualifications are in order with respect to the article by Deborah Gyapong about the contraception insurance controversy in the United States (“A Canadian debate over contraception is unlikely,” BC Catholic, 20 February, 2012).

In the first place, Mr. Roche of the Catholic Health Association of Canada is mistaken in his assertion that Catholic hospitals in Canada cannot be compelled to do things contrary to Catholic teaching. In 2006, St. Elizabeth’s Hospital in Humboldt, Saskatchewan, operated by the Saskatchewan Catholic Health Association, decided to stop doing contraceptive sterilizations. Public protests resulted, and a woman denied a tubal ligation filed a human rights complaint. In June, 2007, St. Elizabeth’s was transferred to the Saskatoon Health Region and re-named the Humboldt District Hospital. Three months later, the Saskatchewan Catholic Health Corporation agreed to pay almost $8,000.00 to the complainant in the human rights action to settle the case.1 It would be most unwise to think that this kind of thing could not happen again.

Concerning the situation in the United States, it is true that the Catholic bishops, in a remarkable display of unanimity, have been vocal in protesting the demand to provide insurance coverage for surgical sterilization, contraceptives and potentially embryocidal or abortifacient drugs or devices. Many of them have said that they will refuse to comply with the law. It does not appear that they share Mr. Roche’s view that an emphasis on Catholic identity may be counterproductive with respect to the mission of Catholic health care. Nor do they seem to think that Catholic identity and Catholic mission are in conflict with each other, though they may well be in conflict with dominant social norms – as the example of what used to be St. Elizabeth’s Hospital demonstrates.

The prominence of the Catholic response notwithstanding, this is not a ‘Catholic’ issue. Strong protests have also been made by Jewish groups, Southern Baptists, Lutherans and Evangelical Christians. Colorado Christian University, a non-Catholic institution, filed suit months ago against the U.S.  federal government because of this mandate.2 Two more lawsuits have just been filed by Southern Baptist and Reformed Presbyterian colleges.3 And former governor of Arkansas, Mike Huckabee. recently declared that the response to the Obama administration’s mandate reminded him of President John F. Kennedy’s statement to the people of Berlin after the erection of the Berlin Wall: “Ich bin ein Berliner” (I am a Berliner). Huckabee, a Baptist , said, “In many ways, thanks to President Obama, we’re all Catholics now.”4

Testifying before a committee of the U.S. House of Representatives, Rabbi Meir Soloveichik warned that “not only does the new regulation threaten religious liberty in the narrow sense, in requiring Catholic communities to violate their religious tenets, but also the administration impedes religious liberty by unilaterally redefining what it means to be religious.”5

So this is not a ‘Catholic’ issue. Nor is it about women, or health, or birth control or contraception, as Dr. Laura Champion told the same committee. As the Director of Health Services at Calvin College in Michigan, she explained that the College has no objections to contraception, but she was emphatic that the morning after pill is not the same as cancer screening or vaccinations. “Pregnancy is not a disease,” she said. “This is a premise that I reject both religiously and medically.”6

Finally, the BC Catholic story states that the Catholic Health Association of the United States “decided on ‘a cautious acceptance’ of the compromise.” However, the actual wording of the newly published regulation is exactly the same as the wording that launched the firestorm of protest in late January.7 The administration’s promises have no legal significance, and, in any case, will not be fulfilled before the November presidential election. The description of the scheme as a ‘compromise’ thus seems premature.

Notes:

1.  CBC News, 13 September, 2007, “Woman given settlement after being denied tubal ligation.”(Accessed 2012-02-20)

2.  To see a graphic illustration of the resistance to the HHS mandate, see the interactive map.

3.  Alliance Defence Fund news releases, 20 February, 2012 : “ADF, Louisianna College challenge Obama Mandate“; “ADF, Geneva College to reveal lawsuit against Obama mandate Tuesday” (Accessed 2012-02-20)

4 “Mike Huckabee’s Full Speech at CPAC 2012.” ABC News, 10 February, 2012 (Accessed 2012-02-20)

5.   Lines Crossed: Separation of Church and State. Has the Obama Administration Trampled on Freedom of Religion and Freedom of Conscience? US House of Representatives Committee on Oversight and Government Reform,16 February, 2012: Testimony of Rabbi Meir Soloveichik

6.  Lines Crossed: Separation of Church and State. Has the Obama Administration Trampled on Freedom of Religion and Freedom of Conscience? US House of Representatives Committee on Oversight and Government Reform,16 February, 2012: Testimony of Laura Champion, MD.

7.  PART 147—Health Insurance Reform Requirements for the Group and Individual Health Insurance Markets § 147.130 Coverage of preventive health services.

Rights Commission threat “blasphemy against the human spirit”

College of Physicians secrecy said unacceptable

News Release

For Immediate Release

Protection of Conscience Project

“Blasphemy against the human spirit.” That is how the Protection of Conscience Project describes a threat by Ontario’s Human Rights Commission to punish doctors who refuse to do what they believe to be wrong. The rebuke is found in a submission to the College of Physicians and Surgeons of Ontario.

Citing writers and philosophers in the democratic tradition, as well as the landmark Morgentaler decision of the Supreme Court of Canada, the Project argues that to force doctors to act against their conscientious convictions is “to deprive them of their essential humanity.” It calls the proposed policy “profoundly offensive and demeaning.”

“To abandon one’s moral or ethical convictions in order to serve others is prostitution,” states the submission, “not professionalism.”

The brief denies that doctors who refuse to do what they believe is wrong are violating the Human Rights Code. It explains that they are concerned about “complicity in wrongdoing,” not race, sex or other patient characteristics.

The Project submission addresses the College draft policy, Physicians and the Ontario Human Rights Code. Deadline for comment on the policy was extended to 12 September following protests when news of it became public.

The President of the College told the National Post that the draft has been revised, but refuses to make it public. Project Administrator Sean Murphy finds College secrecy unacceptable.

“At least two substantial briefs reached the College only on Friday,” he said. “The National Post story appeared Saturday. It seems very unlikely that College officials could have considered either submission before revising the draft. This brings into question the validity of the consultation process.”

“But the more important issue,” he said, “is that decision-making that impacts fundamental freedoms should be conducted transparently, not secretly. Why keep the revised draft secret? Is there something to hide?”

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Related Links:

Project Submission to the College of Physicians and Surgeons of Ontario

Re: Physicians and the Ontario Human Rights Code

(11 September, 2008)