Will Doctors Be Forced to Kill?

First Things

Wesley J. Smith

The wailing and gnashing of teeth in some quarters over the modest Hobby Lobby decision has me worried. Apparently, many on the political port side of the country believe that once a favored public policy has been enacted, it immediately becomes a “right” that can never be altered or denied. More, once such a “right” is established for the individual, others should have the duty to ensure access – even at the cost of violating their own religious consciences.

If such thinking prevails, medical professionals could be forced to participate in the taking of human life, for example in abortion, assisted suicide, and (given the research trends in regenerative medicine) providing treatments derived from the intentional destruction of human embryos or fetuses.

That certainly seems to be the direction in which the ACLU wishes to take the country. Recently, the ACLU of Washington State began trolling for potential clients to sue medical professionals or facilities that refused to participate in certain legal procedures or transactions based on religious objection:

Have you or members of your family been denied reproductive health care or end-of-life services by a religiously based medical facility? The ACLU believes that everyone in Washington has the right to receive health care that is not restricted by the religious beliefs of others.

[Full text]

Doctors’ conscience rights under attack in birth control debate

One physician threatens to give up his practice rather than kill patients

BC Catholic

Deborah Gyapong

Doctors who refuse to prescribe birth control pills have become the focus of a debate over physicians’ rights to freedom of conscience and religion when practising medicine.

An Alberta doctor has been in the media spotlight recently for posting a notice at the clinic where she works she will not prescribe the pill and now faces a human rights complaint. Earlier this year, three Ottawa doctors came under fire for similar reasons. The Ontario College of Physicians and Surgeons (CPSO) is doing a public consultation on its guidelines that could be revamped to restrict doctors’ rights to abstain from legal medical practices on religious or conscientious grounds.

For Dr. Howie Bright, past president of the Canadian Federation of Catholic Physicians’ Societies (CFCPS), the attack on birth control is a “fairly discrete target because it sounds weird that a modern doctor” would not prescribe contraception and is likely to “generate reaction.” [Full text]

We need to remember the lessons on abortion and conscience before we legalise assisted suicide

Catholic Herald

Francis  Phillips

Cases such as Dr. Chazan’s should make us think twice

On holiday last week I got into conversation with an atheist friend. The subject of abortion came up and whether a doctor or nurse has a right in conscience to refuse to participate in such a “procedure.” I cited the recent case of a prominent Polish Catholic doctor who had refused to perform an abortion. My atheist friend was annoyed. “What do you mean, he refused?” he said. “If it’s the law he has to comply with it.” By way of bolstering his argument he added, “Don’t doctors know that performing abortions is just part of their job?”

I countered this by saying that saving life and healing the sick was intrinsic to practising medicine; performing abortions wasn’t; indeed, the law of 1967 permitting it had run counter to all traditional notions of medicine from the Hippocratic Oath onwards. I added that I had read that many new medical graduates are now refusing to do abortions – not for religious reasons but because it wasn’t what they thought doctoring should be about. I added that this made medicine quite different from e.g. conscientious objection in war: being prepared to kill the enemy was intrinsic to soldiering; if you were a pacifist you would know this, so you would refuse to join up on conscientious grounds. . . [Full text]

BMA reiterates opposition to assisted dying

The BMA has reiterated its firm opposition to legalising assisted dying in the face of renewed calls for a change in the law.

An editorial in the BMJ today calls for the Assisted Dying Bill championed by Lord Falconer to become law.

BMJ editor-in-chief Fiona Godlee, UK editor Tony Delamothe and patient editor Rosamund Snow argue that people should be able to exercise choice over their lives, which should include how and when they die.

They write: ‘Ultimately, however, this is a matter for Parliament, not doctors, to decide. Let us hope that our timid lawmakers will rise to the challenge.’

The BMJ is a wholly-owned subsidiary of the BMA but has editorial independence.

BMA council chair Mark Porter acknowledged there were strongly held views within the medical profession on both sides of the assisted-dying debate.

But he insisted: ‘The BMA remains firmly opposed to legalising assisted dying. This issue has been regularly debated at the BMA’s policy-forming annual conference and recent calls for a change in the law have persistently been rejected.’ . . . [Full text]

Assisted suicide and euthanasia bill proposed in Australian Senate

Medical Services (Dying with Dignity) Exposure Draft Bill 2014

A bill to legalize physician assisted suicide and euthanasia has been proposed to the Australian Senate by Green Party Senator Richard di Natale.  Since it is an “exposure draft” it is not in the queue for passage. It includes provisions that provide protection for medical practitioners who refuse to provide the services for “any reason.”  However:

  • The objects of the Act set out in Section 3 do not include the protection of conscientious objectors;
  • The definition of “dying with dignity medical service” in Section 5 includes
    • euthanasia
    •  assisted suicide
    • providing information
  • Since Section 5 is broadly written, it appears that the attending medical practitioner can delegate the act of euthanasia to someone else.
  • Section 11(2)a states that a medical practitioner may refuse to provide euthanasia or assisted suicide “for any reason,” which would include reasons of conscience or religion, but
    • the section pertains only to medical practitioners
      • so it does not protect objecting pharmacists or other health care workers
    • Section 11(2)a does not state that medical practitioners may refuse to facilitate euthanasia or assisted suicide throught referral
  • Section 21 precludes coercion of objecting medical practitioners, but
    • does not preclude coercion of other objecting health care workers, and
    • can be understood to prevent hospices or denominational hospitals from enacting policies against euthanasia and assisted suicide
  • Section 24 provides protection from civil and criminal liability and disciplinary proceedings for medical practitioners who refuse to provide euthanasia and assisted suicide, but
    •  does not clearly offer similar protection to objecting practitioners, since refusing to provide euthanasia or assisted suicide cannot be said to be an omission “for the purposes of the Act,” which are specified in Section 3, and
    • offers no protection at all for other objecting health care workers.
  • There is no provision to protect persons who object to euthanasia for reasons of conscience from discrimination in education or employment.