Joint letter to the U.S. Department of Health and Human Services

Proposed Regulation: 80 Fed. Reg. 54172 (Sept. 8, 2015).

Re: Nondiscrimination in Health Programs and Activities RIN 0945-AA02

Joint letter to the U.S. Department of Health and Human Services
Click image to see letter

Euthanasia, assisted suicide: Canadian Catholic bishops defend freedom of conscience

The Canadian Conference of Catholic Bishops has provided the federal External Panel on Options for a Legislative Response to Carter v. Canada with a five point submission stating the opposition of the Catholic Church to physician assisted suicide and euthanasia, describing the latter practice as “murder.”

The fifth point in the submission was directed to freedom of conscience for health care workers:

On safeguarding freedom of conscience and religion, the Catholic Church believes and teaches:

Freedom is exercised in relationships between human beings. Every human person, created in the image of God, has the natural right to be recognized as a free and responsible being. All owe to each other this duty of respect. The right to the exercise of freedom, especially in moral and religious matters, is an inalienable requirement of the dignity of the human person. This right must be recognized and protected by civil authority within the limits of the common good and public order. ” – Catechism of the Catholic Church, n. 1738

It is the conviction of all the Bishops of Canada, together with the other clergy and members of the consecrated life, united with our Catholic faithful, that our country must at all cost uphold and protect the conscience rights of the men and women who work as caregivers. Requiring a physician to kill a patient is always unacceptable. It is an affront to the conscience and vocation of the health-care provider to require him or her to collaborate in the intentional putting to death of a patient, even by referring the person to a colleague. The respect we owe our physicians in this regard must be extended to all who are engaged in health care and work in our society’s institutions, as well as to the individual institutions themselves. . .

Any objections? Doctors still pressured against following conscience

Catholic News Service

Carol Glatz

ROME (CNS) — When St. John Paul II called for conscientious objection against laws legitimizing abortion and euthanasia 20 years ago, one Catholic doctor never imagined the struggle and sacrifice to carry out that duty would last for so long.

Dr. Robert Walley, a British obstetrician and gynecologist who founded and heads MaterCare International, organized the group’s very first world conference in Rome in 2001 on the question of conscience in maternal healthcare. And now, 14 years later, “the problem hasn’t gone away, it’s still here.”

To address the ongoing dilemma, MaterCare held its 10th international conference in Rome Aug. 31-Sept. 4 to look at the problem of discrimination against Catholic obstetricians, gynecologists, midwives, medical students and health care staff when they object to training and procedures that go against their beliefs. Part of the World Federation of Catholic Medical Associations, MaterCare was founded in 1995 to serve mothers and their children.

“In 1973, I had three choices” when he practiced under Britain’s state-run National Health System: do the abortions, change his specialization or leave the country, Walley said. “So we left and went to Canada” to start life over with his wife and seven children to support.

While he was “prepared to accept that cross,” he said he felt he did not receive enough support or encouragement from the church and feels medical professionals who become conscientious objectors are still “basically on our own.” . . . [Full text]

Science, religion, public funding and force feeding in modern medicine

Sean Murphy*

Responding to Bronca, T. “A conflict of conscience: What place do physicians’ religious beliefs have in modern medicine.” Canadian Health Care Network, 26 May, 2015.

Tristan Bronca writes, “Belief without evidence is becoming incompatible with scientific sensibilities.”1

This notion might be exemplified by Dr. James Downar. Advocating for physician assisted suicide and euthanasia in Canadian Family Practice, he described himself as “a secular North American who supports individual autonomy, subject only to limitations that are justifiable on the basis of empirically provable facts.”2

Dr. Downar’s “Yes” was opposed by Dr. Edward St. Godard’s “No.”3 Since both are palliative care specialists, their differences on the acceptability of physician assisted suicide and euthanasia are not explained by differences in their clinical experience, but by their different moral or ethical beliefs.

However, neither Dr. Downar’s beliefs nor Dr. St. Godard’s can be justified “on the basis of empirically provable facts.” Nor can Dr. Downar’s support for individual autonomy, since empirical evidence demonstrates the primacy of human dependence and interdependence – not autonomy. Empirical evidence can provide raw material needed for adequate answers to moral or ethical questions, but it cannot answer them. As Dr. McCabe told Tristan Bronca, science is necessary – but not sufficient. Moral decision-making requires more than facts.

And the practice of medicine is an inescapably moral enterprise. Every time they provide a treatment, physicians implicitly concede its goodness; they would not otherwise offer it. This is usually unnoticed because physicians habitually conform to standards of medical practice without adverting to the beliefs underpinning them. Hence, the demand that physicians must not be allowed to act upon beliefs is unacceptable because it is impossible; one cannot act morally without reference to beliefs.

But Tristan Bronca asks specifically about whether or not religious beliefs belong in medical practice in a secular society. On this point, the Supreme Court of Canada is unanimous: “Yes.”

“Everyone has ‘belief’ or ‘faith’ in something, be it atheistic, agnostic or religious,” Mr. Justice Gonthier wrote in Chamberlain v. Surrey School District No. 36. “To construe the ‘secular’ as the realm of the ‘unbelief’ is therefore erroneous.”

“Why,” he asked, “should the religiously informed conscience be placed at a public disadvantage or disqualification? To do so would be to distort liberal principles in an illiberal fashion and would provide only a feeble notion of pluralism.”4

Thus, to argue that a “secular” society excludes religious belief perpetuates an error that contributes significantly to climate of anti-religious intolerance.

Public funding of services is beneficial for patients, but quite distinct from physician obligations. After all, physicians provide many kinds of elective surgery and health services that are not publicly funded, and physicians are not paid for publicly funded services that they do not provide. Besides, our secular society taxes both religious and non-religious believers, so both have equal claims on “public dollars.”

Science, religion, public funding and force feeding in modern medicine

Most important, public funding does not prove that a procedure is morally or ethically acceptable, any more than public funding proves that force-feeding prisoners in Guantanamo Bay is acceptable. Perhaps that point will come up in military proceedings against a navy nurse who refused orders to do so.5

[PDF File]


The Canadian Healthcare Network posted this response in the on-line edition, which is accessible only to health care professionals and managers.


Notes

1.  Bronca, T. “A conflict of conscience: What place do physicians’ religious beliefs have in modern medicine.” Canadian Health Care Network, 26 May, 2015 (Accessed 2018-03-07).

2. Downar J. “Is physician-assisted death in anyone’s best interest? – Yes.” Canadian Family Physician, Vol. 61: April, 2015, p. 314-316 (Accessed 2018-03-07).

3. St. Godard E. “Is physician-assisted death in anyone’s best interest? – No.” Canadian Family Physician, Vol. 61: April, 2015, p. 316-318 (Accessed 2018-03-07).

4. Chamberlain v. Surrey School District No. 36 [2002] 4 S.C.R. 710 (SCC), para. 137 (Accessed 2014-08-03). “Madam Justice McLachlin, who wrote the decision of the majority, accepted the reasoning of Mr. Justice Gonthier on this point thus making his the reasoning of all nine judges in relation to the interpretation of ‘secular.’” Benson I.T., “Seeing Through the Secular Illusion” (July 29, 2013). NGTT Deel 54 Supplementum 4, 2013  (Accessed 2018-03-07).

5. Rosenberg C. “Top nursing group backs Navy nurse who wouldn’t force-feed at Guantánamo.” Miami Herald, 19 November, 2014 (Accessed 2018-03-07)

Does an Illinois bill threaten doctors’ conscience rights? Depends on whom you ask

Catholic News Agency

Matt Hadro

Springfield, Ill., May 29, 2015 / 03:13 pm (CNA/EWTN News).- An Illinois bill that some say threatens the conscience rights of medical providers is currently under consideration in the state’s general assembly.

Catholics and pro-lifers are divided among themselves over the implications of SB 1564 for the conscience rights of medical providers.

While the state’s Catholic Conference is neutral on the bill, the Christian legal group Alliance Defending Freedom states that it “would force medical facilities and physicians who conscientiously object to involvement in abortions (and other procedures) to refer for, make arrangements for someone else to perform, or arrange referral information that lists willing providers, for abortions.” . . . [Full text]