Entrenching a ‘duty to do wrong’ in medicine

Canadian government funds project to suppress freedom of conscience and religion

 Sean Murphy*

A 25 year old woman who went to an Ottawa walk-in clinic for a birth control prescription was told that the physician offered only Natural Family Planning and did not prescribe or refer for contraceptives or related services. She was given a letter explaining that his practice reflected his “medical judgment” and “professional ethical concerns and religious values.” She obtained her prescription at another clinic about two minutes away and posted the physician’s letter on Facebook. The resulting crusade against the physician and two like-minded colleagues spilled into mainstream media and earned a blog posting by Professor Carolyn McLeod on Impact Ethics.

Professor McLeod objects to the physicians’ practice for three reasons. First: it implies – falsely, in her view – that there are medical reasons to prefer natural family planning to manufactured contraceptives. Second, she claims that refusing to refer for contraceptives and abortions violates a purported “right” of access to legal services. Third, she insists that the physician should have met the patient to explain himself, and then helped her to obtain contraception elsewhere by referral. Along the way, she criticizes Dr. Jeff Blackmer of the Canadian Medical Association (CMA) for failing to denounce the idea that valid medical judgement could provide reasons to refuse to prescribe contraceptives. . .
Full Text

 

Abortion campaigners assault on conscience in Italy based on ideology, not facts

 “When the ideological fury collides with reality, sometimes the impact is very violent.”

LifeSite News

Hilary White

ROME, March 13, 2014 (LifeSiteNews.com) – The pro-life movement in Italy has come out swinging against an order by the Council of Europe to abolish the country’s legal protection for conscientious objectors against abortion. Gianfranco Amato, the head of the campaign group Giuristi per la Vita (Jurists for Life), said at a press conference yesterday that the clause in the abortion law 194, “remains the only form of defence against an unjust law.”

Amato said, “Freedom of thought, conscience and religion is one of the foundations of a democratic society.”

The committee’s decision came in response to a complaint, launched in November 2012 by International Planned Parenthood Federation European Network (IPPFEN) and an Italian labour union, claiming that Italian doctors were “abusing” the conscience protection clause in Law 194. IPPF made the complaint when the government announced in its annual statistics that between 70 and 90 percent of gynecologists in the country refuse to participate in abortion.

Some in the secular media are defending the decision of the Council of Europe’s Committee of Social Rights to uphold a complaint against the law, saying that it has created a “totalitarianism” of pro-life doctors who commit “psychological violence” against women who want abortions. The criticism comes as Italian media are publicizing the case of a woman who is claiming that two years ago she miscarried in a hospital bathroom after doctors refused to do an abortion. Valentina Pertini has launched a court case to review the law this week, aiming to add political pressure immediately following the Council of Europe committee’s non-binding decision.[Full Text]

Council of Europe committee attacks Italian law allowing doctors to refuse abortions

LifeSite News

Hilary White

ROME, March 10, 2014  (LifeSiteNews.com) – The International Planned Parenthood Federation has scored a major victory against conscientious objection laws in Italy at the Council of Europe. The council’s European Committee of Social Rights voted this weekend to uphold IPPF’s complaint against Italy that too many doctors are allowed to refuse to participate in abortion.

The complaint was launched in November 2012 by International Planned Parenthood Federation European Network (IPPFEN) claiming that Italian doctors were “abusing” the right, granted in Italy’s abortion law, not to be forced to commit abortions. It alleged that the Italian law is in “violation of the right to health … due to inadequate protection of the right to access procedures for the termination of pregnancy.”

The law, they said, “does not indicate the precise means through which hospitals and regional authorities are to guarantee the adequate presence of non-objecting medical personnel in all public hospitals, so as to always ensure the right of access to procedures for the termination of pregnancy.”

“Due to this lack in the normative framework, there exists an inadequate application of Law no. 194 of 1978, as demonstrated by the facts relating to practice, which in turn compromises the rights to life, health and self-determination of women seeking to terminate a pregnancy.” [Full Text]

Stop fretting about 3-parent embryos and get ready for “multiplex parenting”

Michael Cook*

The controversy over three-parent embryos could soon be old hat. Writing in one of the world’s leading journals, one of Britain’s best-known bioethicists has outlined a strategy for creating children with four or more genetic parents. He calls it “multiplex parenting”.

John Harris, of the University of Manchester, and two colleagues, César Palacios-González and Giuseppe Testa contend in the Journal of Medical Ethics (free online) that this is one of many exciting consequences of using stem cells to create synthetic eggs and sperm. (Or as they prefer to call them, in vitro generated gametes (IVG).)

After the discovery of induced pluripotent stem cells in 2007, theoretically any cell in the body can be created from something as simple as a skin cell. Mice have already been born from sperm and eggs created from stem cells. Harris and his colleagues believe that the day is not far off when scientists will be able to do the same with humans. In their paper, they spin an ethical justification for this and outline some possible uses.

First, is it ethical? Of course it is, so long as experiments on mice show that it is safe. After all, they write, this is already a much higher ethical bar than the one used for the first IVF babies. “If impractically high precautionary thresholds were decisive we would not have vaccines, nor IVF, nor any other advance. Nothing is entirely safe.” Besides, any children brought into the world are better off than if they never existed. . . [Full Text]

“NO MORE CHRISTIAN DOCTORS”

  Crusade against NFP-only physicians

“Religious beliefs should remain where they belong – in the private domain.”

 Sean Murphy*

Abstract

A 25 year old woman could not obtain a prescription for contraceptives at a clinic because the physician did not prescribe them for reasons of “medical judgment as well as professional ethical concerns and religious values.”  She obtained the prescription at a clinic two minutes away. A crusade was started against the physician and two colleagues with the same views. Crusaders argued that in a ‘secular’ state health care system, physicians should be forbidden to act on their moral or religious beliefs.

Physicians who refuse to prescribe contraceptives face a difficult challenge, since aggressive contraceptive promotion has left most people unaware of alternatives. Further, the social progress of women is widely attributed to contraceptives, so that failure to provide them risks an adverse reaction. Nonetheless, based on a respectful understanding of female fertility cycles and other factors, plausible reasons can be given to justify refusal to prescribe contraceptives and recommendation of Natural Family Planning.

The Supreme Court of Canada has acknowledged that secularists are believers, no less persons with religious beliefs. There is no legal warrant for the idea that a secular state must be purged of the expression of religious belief. The claim that a secular state or health care system is “faith-free” is radically false. Both religious belief and secularism can result in narrow dogmatism and intolerance, as demonstrated by the crusade against the physicians.

Since the practice of medicine is an inescapably moral enterprise, every decision concerning treatment is a moral decision. Since the practice of morality is a human enterprise, the secular public square is populated by people with many moral viewpoints. To discriminate against religious belief is a distortion of liberal principles. Moreover, if religious believers can be forced to do what they believe to be wrong, so can non-religious believers. This would establish a destructive and dangerous ‘duty to do what is wrong.’

It is essential to maintain the integrity of physicians and well-being of patients. After abortion was legalized, a difficult compromise emerged that safeguards both, while protecting the community against a purported ‘duty to do what is wrong.’ Nonetheless, some people are trying to entrench that duty in medical practice, moving from a purported duty to provide or facilitate abortion to a duty to kill or facilitate the killing of patients by euthanasia. It is unacceptable to compel people to commit or even to facilitate what they see as murder, and punish or penalize them if they refuse. It is equally unacceptable to insist that physicians must not act upon beliefs, because it is impossible; one cannot act morally without reference to beliefs. Such policies are inconsistent with the central place occupied by individual conscience and judgment in a liberal democracy.

Freedom of conscience can be adequately accommodated in a society characterized by a plurality of moral and political viewpoints if appropriate distinctions are made. The first of these is the distinction between the exercise of perfective freedom of conscience: pursuing an apparent good – and preservative freedom of conscience: refusing to participate in wrongdoing. The state can sometimes legitimately limit perfective freedom of conscience by preventing people from doing what they believe to be good, but it does not follow that it is equally free to suppress preservative freedom of conscience by forcing them to do what they believe to be wrong.

To force people to do something they believe to be wrong is always an assault on their personal dignity and essential humanity, and it always has negative implications for society. It is a policy fundamentally opposed to civic friendship, which grounds and sustains political community and provides the strongest motive for justice. It is inconsistent with the best traditions and aspirations of liberal democracy, since it instills attitudes more suited to totalitarian regimes than to the demands of responsible freedom. Even the strict approach taken to limiting other fundamental rights and freedoms is not sufficiently refined to be safely applied to limit freedom of conscience in its preservative form. Like the use of potentially deadly force, if the restriction of preservative freedom of conscience can be justified at all, it will only be as a last resort and only in the most exceptional circumstances.

That a young woman had to drive around the block to fill a birth control prescription does not meet this standard.

Part 1:  The Making of a Story