Six questions about physician-assisted death, from a conscientious objector

National Post

Ewan C. Goligher

Canadian policy makers have recently proposed to require all doctors to provide an effective referral for physician-assisted death (PAD) upon the patient’s request. Forcing doctors to knowingly send their patient to another doctor willing to cause the patient’s death will seriously compromise the moral integrity of conscientiously objecting doctors and risks undermining the quality of patient care. To understand the position of conscientiously objecting doctors, consider the following questions.

1. Should doctors provide physician-assisted death merely because it is legal?

2. Must all doctors accept the assumptions underpinning the claim that physician-assisted death is good medical care?

3. If physician-assisted death remained illegal, would doctors be legally liable for making an effective referral?

4. Does the Charter right of Freedom of Conscience apply to doctors?

5. How does respect for conscientious objection affect patient care?

6. Will respect for conscientious objection obstruct access to physician-assisted death?

(For the author’s answers, see the full text)

Pope Francis: modernity’s suppression of freedom of conscience is diabolically inspired “polite persecution”

Sean Murphy*

In the course of a morning homily discussing the martyrdom of St. Stephen in Jerusalem,1 Pope Francis linked the “cruel persecutions” of early Christians with the Easter Sunday mass murder of Pakistani Christians three weeks ago by Taliban killers.

However, the Pope also identified “another kind of persecution that is not often spoken about.”   In addition to the “clear, explicit type of persecution” like the slaughter of Christians who profess their belief in Jesus Christ, there is a second kind, he said, one ““disguised as culture, disguised as modernity, disguised as progress.”

“It is a kind of — I would say somewhat ironically — polite persecution.”

This “polite persecution” is not against those who merely profess Christian beliefs, he explained, but against those  who want “to demonstrate the values of the Son of God.”  This “polite persecution” does not use bombs or guns, but the force of law.

“We see every day,” said the Pope, “that the powerful make laws that force people to take this path, and a nation that does not follow this modern collection of laws, or at least that does not want to have them in its legislation, is accused, is politely persecuted.”

This denial of freedom includes the legal suppression of conscientious objection, now notably advocated by powerful interests and some politicians in Canada who want to force participation of even objecting health care workers and institutions in euthanasia and assisted suicide.

“God made us free, but this kind of persecution takes away freedom!”

Canadian health care workers who refuse to provide or facilitate homicide or suicide now face the kind of threats described by Pope Francis,2 who explained how “polite persecution” works.

“[I]f you don’t do this, you will be punished: you’ll lose your job and many things or you’ll be set aside.”

Calling this “the persecution of the world,” the Pope warned that its leader is the one identified by Jesus Christ as “the prince of this world” (i.e., Satan).

“The prince of this world” can be recognized, warned Pope Francis, “when the powerful want to impose attitudes, laws against the dignity of the children of God, persecute them and oppose God the Creator: it is the great apostasy.”

The Christian’s path, he concluded, is always beset by these two kinds of persecution  that bring “much suffering,” so Christians must be confident in the presence of Jesus “with the consolation of the Holy Spirit.”


Notes

1. “Pope’s Morning Homily: Denial of Conscientious Objection Is Persecution.  At Casa Santa Marta, says devil is behind the persecution brought by culture and modernity.”  Zenit, 12 April, 2016

2.  See, for example, Attaran A. “Doctors can’t refuse to help a patient die – no matter what they say.” iPolitics, 13 November, 2015 (Accessed 2015-11-24).  In response, see Murphy S., “Amir Attaran and the Elves.” Protection of Conscience Project, 15 November, 2015;

Cardinal Dolan and Archbishop Lori to Congress: Support the Conscience Protection Act

News Release

US Conference of Catholic Bishops

WASHINGTON—Cardinal Timothy M. Dolan and – as chairmen of the U.S. Conference of Catholic Bishops’ Committee on Pro-Life Activities and Ad Hoc Committee for Religious Liberty, respectively – wrote to the U.S. House of Representatives, March 31, urging support for the Conscience Protection Act of 2016 (HR 4828).

The Conscience Protection Act, they wrote, is “essential legislation protecting the fundamental rights of health care providers…to ensure that those providing much-needed health care and health coverage can continue to do so without being forced by government to help destroy innocent unborn children.”

HR 4828 has a “modest scope,” they noted. “While existing federal laws already protect conscientious objection to abortion in theory, this protection has not proved effective in practice… The Conscience Protection Act will address the deficiencies that block effective enforcement of existing laws, most notably by establishing a private right of action allowing victims of discrimination to defend their own rights in court.”

Cardinal Dolan and Archbishop Lori recalled the Hippocratic oath’s rejection of abortion in the profession of medicine, indicating that the Act will benefit not only Catholic medical professionals but “the great majority of ob/gyns [who] remain unwilling to perform abortions.”

Finally, they explained that conscience protection facilitates access to life-affirming health care: “When government…mandates involvement in abortion as a condition for being allowed to provide life-affirming health care services, it not only undermines the widely acknowledged civil rights of health care providers but also limits access to good health care for American women and men.”

The full text of their letter is posted at:
www.usccb.org/issues-and-action/religious-liberty/conscience-protection/upload/Conscience-Protection-Act-Dolan-Lori-Ltr-to-Congress-03-31-16.pdf

For more on the bishops’ promotion of conscience rights, including a recent video about a nurse who was coerced to take part in a late-term abortion, visit:
www.usccb.org/issues-and-action/religious-liberty/conscience-protection.

MEDIA CONTACT
Don Clemmer
O: 202-541-3206

The CCRL strongly opposes the College of Nurses of Ontario’s Physician-Assisted Death: Interim Guidance for Nursing in Ontario

News Release

Catholic Civil Rights League

TORONTO, ON March 24, 2016 – The Catholic Civil Rights League (CCRL) sent the following letter to the College of Nurses of Ontario (CNO) in opposition to Physician-Assisted Death: Interim Guidance for Nursing in Ontario on grounds that its main recommendation seriously violates a nurse’s freedom of conscience and religion.

College of Nurses of Ontario
101 Davenport Rd. Toronto,
ON M5R 3P1

March 24, 2016

RE: College of Nurses of Ontario’s Physician-Assisted Death: Interim Guidance for Nursing in Ontario

The Catholic Civil Rights League (CCRL) strongly opposes the College of Nurses of Ontario’s Physician-Assisted Death: Interim Guidance for Nursing in Ontario on grounds that its main recommendation seriously violates a nurse’s freedom of conscience and religion. Page 3 of the document states:

…some nurses may have conscientious objections to participating in physician-assisted death. Both the Special Joint Committee on Physician-Assisted Dying of the Parliament of Canada and the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying have recommended that health care professionals who have conscientious objections should refer or transfer a client to another health care provider. If no other caregiver can be arranged, you must provide the immediate care required.

We are hopeful that your suggestion of “immediate care” is in the noble tradition of the nursing profession to preserve life, and to provide medical assistance to save lives.  However, our fear is that your proposed guideline is suggestive that a nurse will be obliged in such circumstances to engage in the new Orwellian concept of “medical aid in dying”, a prospect for which polling suggests a majority of your membership vigorously disagrees.

If the final statement and the directive “you must provide the immediate care required” is intended to mean “medical aid in dying”, then your College has asserted the most jarringly outrageous example of forcing a health care professional to violate his or her conscience that has been proposed by any regulatory body in Canada. It even outweighs the aforementioned recommendations of the Special Joint Committee on Physician-Assisted Dying of the Parliament of Canada and the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying.

Whereas the CCRL submits that euthanasia and assisted suicide in itself is morally and ethically wrong, compelling another person to be involved in this morally and ethically depraved act is no less wrong.  As interveners in Carter,the CCRL focussed on the impact to health care in general and to the conscience rights of health care workers specifically.  We strongly advocated for a robust understanding and protection of the Charter right of freedom of conscience and religion.

The right to avoid moral complicity in assisted suicide and euthanasia is an essential part of one’s religious and conscientious freedom.

The CCRL appeals to the College of Nurses of Ontario (CNO) to strike from the interim guidance document the necessity to “provide the immediate care required” if “no other caregiver can be arranged.” This compulsion is morally unacceptable.

It is also unacceptable that nurses are treated so poorly, by their own governing college, no less. Instead of limiting nurses’ rights and violating their constitutional right to freedom of conscience and religion, the CNO ought to instead advocate for nurses who conscientiously object to euthanasia and assisted suicide.

As with any regulatory entity, the CNO has no business second-guessing the validity of sincerely held religious beliefs, exercised in the course of one’s professional judgment.

Christian Domenic Elia, PhD
Executive Director
Catholic Civil Rights League (CCRL) celia@ccrl.ca

Philip Horgan
President
Catholic Civil Rights League (CCRL) ccrl@ccrl.ca


About the CCRL

Catholic Civil Rights League (CCRL) (www.ccrl.ca) assists in creating conditions within which Catholic teachings can be better understood, cooperates with other organizations in defending civil rights in Canada, and opposes defamation and discrimination against Catholics on the basis of their beliefs. The CCRL was founded in 1985 as an independent lay organization with a large nationwide membership base. The CCRL is a Canadian non-profit organization entirely supported by the generosity of its members.

For further information:

Christian Domenic Elia, PhD
CCRL Executive Director
416-466-8244 @CCRLtweets

Nurses Cannot be Good Catholics

BMJ Blogs

John Olusegun Adenitire

It seems that if you are a nurse you cannot be a good Catholic.  Or, better: if you want to work as a nurse then you might have to give up some of your religious beliefs.  A relatively recent decision of the UK Supreme Court, the highest court in the country, seems to suggest so.  In a legal decision that made it into the general press (see here), the Supreme Court decided that two Catholic midwives could not refuse to undertake administrative and supervisory tasks connected to the provision of abortions.

To be sure, no one asked the nurses to directly assist in the provision of abortions.  The Abortion Act 1967 says that “No person shall be under any duty … to participate in any treatment authorised by this Act to which he has a conscientious objection.”  The Nurses argued that this provision of the Act should be understood widely.  Not only should they be allowed to refuse to directly assist in abortion services: they should also be entitled to refuse to undertake managerial and supervisory tasks if those were linked to abortion services.  The nurses’ employer was not impressed; neither was the Supreme Court which ruled that the possibility to conscientiously object only related to a ‘hands-on’ capacity in the provision of abortion services. . . [Full text]