Category: Procedures & Services

Resolution against Polish abortion law challenged

European Catholic bishops’ protest includes concern about freedom of conscience

Sean Murphy*

The Commission of the Bishops’ Conferences of the European Union (COMECE) representing European conference of Catholic bishops across Europe has criticized a European Parliament resolution against Poland’s abortion law passed in November, 2020.  The COMECE letter, addressed to the President of the European Parliament, included an expression of concern about the resolution’s reference to conscientious objection.

COMECE is also alarmed about the fact that the Resolution seems to question the fundamental right to conscientious objection, which is an emanation of freedom of conscience (Article 10.1 of the Charter of Fundamental Rights of the European Union). This is particularly worrying considering that in the healthcare sector conscientious objectors are in many cases subject to discrimination. In our view, such unjust stigmatization should not be promoted.

It is necessary to consider fundamental rights -like freedom of thought, conscience and religion-in the light of their universality, inviolability, inalienability, indivisibility and interdependence. In regard to the right to conscientious objection, the European Union Charter entails the need to respect national constitutional traditions and the development of national legislation on the issue.

The letter was signed by Cardinal Jean-Claude Hollerich of Luxembourg; Bishop Mariano Crociata of Latina, Italy; Bishop Franz Josef Overbeck of Essen, Germany; Bishop Noel Treanor of Down and Connor, Northern Ireland; and Bishop Jan Vokal of Hradec Králové, Czech Republic.

A Russian woman wants 105 surrogate babies – and has the money to pay for them

BioEdge

Michael Cook

The Russian media has been abuzz with the news that a 23-year-old woman from Moscow named Christina Ozturk and her husband have embarked upon the ambitious project of having 105 of their own biological children. They already have 11 in their household – one which Christina had herself, and 10 in the last two years with surrogate mothers.

Mrs Ozturk met her 56-year-old husband, Galip, a Turkish businessman living in Georgia, at a resort in Batumi, where there is a well-established surrogacy industry. Each child costs about 8,000 Euros, but Mr Ozturk, who owns a chain of hotels, says that he can handle it easily. The Turkish media describes him as a billionaire, although he denies this. The project seems to have been his idea. . . [Full Text]

Mental illness should never be a death sentence

National Newswatch

Margaret Eaton

Anyone living with mental illness knows it can absolutely be grievous and even unbearable. However, what sets mental illness apart from all other types of suffering is that there always remains the hope of recovery. That’s why the Senate’s amendment to C-7, the assisted dying bill, is so concerning.

People with a mental health problem or illness need assistance to live and thrive, not hasten death. . . [Full text]

Historic abortion ban repeal one signature away from becoming law after it passes House

The NM Political Report

Susan Dunlap

The bill that would repeal a state statute that criminalizes abortion care in New Mexico is now headed to Gov. Michelle Lujan Grisham’s desk after the House of Representatives passed it on a 40 to 30 vote.

This is a priority bill for Lujan Grisham and she has indicated that she would sign it into law. 

The House of Representatives took up SB 10 instead of HB 7, which are mirror bills. SB 10 already passed the state Senate by a vote of 25 to 17 on February 12, and was amended to clarify the bill’s title. Each chamber must pass identical legislation before it can be sent to the governor.

Just as during the Senate floor debate, Republicans in the House attempted to amend the bill and argued for hours over keeping the section of the law that is considered by some healthcare workers as a refusal clause. But the New Mexico Medical Society and other physician groups support the law’s full repeal and the lead sponsor of the House bill, Rep. Micaela Lara Cadena, a Democrat from Mesilla, argued that there are already provisions in place to protect healthcare workers who object to providing care. . . [Full Text]

Portuguese assisted suicide/euthanasia law and freedom of conscience

Sean Murphy*

The Portuguese parliament passed Decree No. 109/XIV on 29 January, 2021, legalizing euthanasia and assisted suicide. It has been referred by the President of Portugal for a review by Portugal’s Constitutional Court.

The law permits physicians and nurses to assist in suicide or provide euthanasia for eligible patients.  Eligible patients are adult nationals or legal residents of Portugal who experience intolerable suffering as a result of an extremely severe and permanent injury or incurable terminal illness.  Eligible patients must also demonstrate a serious, voluntary, informed, continuing and reiterated decision to seek euthanasia/assisted suicide.  Physicians who are satisfied that a patient is eligible must obtain the approval of  the Committee for the Verification and Evaluation of Clinical Procedures for Advancing Death (CVA) before providing the procedure.

The law includes a protection of conscience provision.  Any health professional may decline to “practise or assist in the act of antecipação da morte de um doente“, which, literally translated, means the act of “anticipating the death of a patient.”  However, from the context it appears that this is more correctly translated as “advancing the death of a patient.”  To assist in “advancing the death of a patient” is broad enough to encompass diagnosis, evaluation and facilitation by referral or other means.

An objection can be based upon clinical, ethical or other grounds.  An objecting professional must advise a patient of the objection and reasons for it within 24 hours, presumably within 24 hours of a request from the patient.  Objectors must also give written notice to the person in charge of the health establishment where they work and to their professional orders.  Such an objection is permanently and universally valid and “does not need to be justified” (e não carece de fundamentação).  This appears to mean that objectors are not required to demonstrate that their clinical, ethical or other reasons for refusing to participate are correct.

The law is not clear about the freedom of health care facilities to refuse to be involved with euthanasia and assisted suicide or to prohibit the procedures on their premises. Article 12.1 states that it is up to the patient to determine the location for the procedure (“A escolha do local para a prática da morte medicamente assistida cabe ao doente.”). However, nothing in the law requires a facility to comply with a patient’s choice. The rest of Article 12 simply describes places where the services can be provided.

Lack of clarity on this point is likely to cause problems, especially if Portuguese euthanasia/assisted suicide advocates are as aggressive as those in Canada. See, for example: