Anti-vaccination group ‘encouraging parents to join fake church’ for religious loophole

 9news.com.au

An anti-vaccination group is reportedly encouraging parents to sign up to a fake church so they can bypass immunisation requirements for childcare.

Under a NSW government’s 2013 law and the Victorian government’s proposed law due to start next year, children who are not fully immunized cannot enroll in childcare.

But parents can get around these laws if they declare a conscientious objection on a Medicare form and have it signed by a GP, who first counsels them about the risks and benefits of immunisation, Fairfax Media reports. . . [Full text]

 

Saskatchewan physicians to be forced to do what they believe to be wrong

Policy wording supplied by abortion and euthanasia activists

Policy would apply to euthanasia, if legalized.

Protection of Conscience Project News Release

The College of Physicians and Surgeons of Saskatchewan is proposing a draft policy demanding that physicians who object to “legally permissible and publicly-funded health services” must direct patients to colleagues who will provide them.  If another physician is unavailable, the College demands that they provide “legally permissible and publicly-funded” services,  even if doing so “conflicts with physicians’ deeply held and considered moral or religious beliefs.”

Physicians usually refuse to participate in abortion because they believe it is wrong to kill what the criminal law refers to as a child that has not become a human being.1 The proposed policy will require them to find a physician willing to do the killing they won’t do.  Should the Supreme Court of Canada legalize euthanasia, the policy will require objecting physicians who refuse to kill patients to find someone who will.

The seamless fit between referral for abortion and referral for euthanasia is not surprising.  The draft College policy was largely written by abortion and euthanasia activists, notably Professor Jocelyn Downie of Dalhousie University.

In a 2006 guest editorial in the Canadian Medical Association Journal, Professor Downie and another law professor claimed that objecting physicians are obliged to refer patients for abortion.2  Their views were vehemently rejected by physicians and repudiated by the Canadian Medical Association.3  Partly as a result of the negative response, Professor Downie and her colleagues in the “Conscience Research Group” decided to convince Colleges of Physicians and Surgeons to impose it.4

Saskatchewan’s draft policy is taken almost verbatim from their “Model Conscientious Objection Policy.”

The Conscience Research Group is  a tax-funded initiative that includes Professors Downie and Daniel Weinstock.5   Both  were members of an “expert panel” that recommended that health care professionals who object to killing patients should be compelled to refer patients to someone who would,6 because (they claimed) it is agreed that they can be compelled to refer for “reproductive health services.”7

Current efforts by the College of Physicians and Surgeons of Ontario to suppress freedom of conscience in the medical profession may have been influenced by the Conscience Research Group.  However, the College in Saskatchewan is the first to copy and paste its preferred model into a draft policy.

The Project insists that it is incoherent and contrary to sound public policy to include a requirement to do what one believes to be wrong in a professional code of ethics. It is also an affront to the best traditions of liberal democracy, and, ultimately, dangerous.

The College Council has approved the policy in principle, but will accept feedback on it until 6 March, 2015.

Notes:

1.  Criminal Code, Section 238(1). (Accessed 2014-12-02)

2. Rodgers S. Downie J. “Abortion: Ensuring Access.” CMAJ July 4, 2006 vol. 175 no. 1 doi: 10.1503/cmaj.060548 (Accessed 2014-12-02).

3.  Blackmer J. Clarification of the CMA’s position on induced abortion. CMAJ April 24, 2007 vol. 176 no. 9 doi: 10.1503/cmaj.1070035 (Accessed 2014-02-22)

4.   McLeod C, Downie J. “Let Conscience Be Their Guide? Conscientious Refusals in Health Care.” Bioethics ISSN 0269-9702 (print); 1467-8519 (online) doi:10.1111/bioe.12075 Volume 28 Number 1 2014 pp ii–iv

5.   Let their conscience be their guide? Conscientious refusals in reproductive health care: Meet the team.(Accessed 2014-11-21)

6.  Schuklenk U, van Delden J.J.M, Downie J, McLean S, Upshur R, Weinstock D. Report of the Royal Society of Canada Expert Panel on End-of-Life Decision Making (November, 2011) p. 101 (Accessed 2014-02-23)

7.   Schuklenk U, van Delden J.J.M, Downie J, McLean S, Upshur R, Weinstock D. Report of the Royal Society of Canada Expert Panel on End-of-Life Decision Making (November, 2011) p. 62 (Accessed 2014-02-23)

A modest proposal for respecting physicians’ freedom of conscience

National Post

Margaret Somerville

The Ontario College of Physicians and Surgeons is consulting on whether patients’ right of access to certain procedures, such as abortion, should trump the rights of those physicians who refuse, for reasons of conscience, to provide them. Dr. Marc Gabel, a College official, chairs the working group looking at this issue, which is drafting a new policy on “Professional Obligations and Human Rights.”

Dr. Gabel has been reported as saying that “physicians unwilling to provide or facilitate abortion for reasons of conscience should not be family physicians” and it seems wants the College to approve that stance. Sean Murphy, of the Protection of Conscience Project, argues that “if it does, ethical cleansing of Ontario’s medical profession will begin this year, ridding it of practitioners unwilling to do what they believe to be wrong.”

Freedom of conscience, like the other fundamental freedoms enshrined in the Canadian Charter of Rights and Freedoms, is a fundamental pillar of democracy. So how could breaching this right be, as Dr Gabel claims, “required by professional practice and human rights legislation”? . . . [Full text]

 

Silencing the Voices of the Faithful in Health Care

 Without People of Faith in Medicine, Who Will Defend the Vulnerable?

Denise Hunnell, MD

WASHINGTON, D.C., January 23, 2015 (Zenit.org) – Religious liberty provides for the free exercise of one’s faith in every aspect of life. This freedom is far more extensive than merely having the freedom to attend the worship service of choice.  Truly living one’s faith means that family life, professional life, leisure activities, as well as spiritual practices are guided by the tenets of faith. . . .

Every profession is vulnerable to this religious discrimination, but perhaps none more so than the medical profession. Health care workers are intimately involved with matters of life and death on a daily basis. Catholic teaching, in accord with natural law, professes that all human life has intrinsic dignity from the moment of conception to the moment of natural death and faithful Catholics seek to uphold this dignity in every aspect of their lives, including their professional activities. Catholic health care workers are increasingly challenged by a secular health care system that offers little or no protection for the unborn, the disabled, and the elderly, and has little regard for religious principles.[Full text]

 

Why I support some religious exemptions (though I myself am not religious)

Washington Post

Eugene Volokh

Should the law sometimes exempt religious objectors from generally applicable laws? And, if so, should it be done (1) only on a statute-by-statute basis — where the legislature decides, when it passes or revises a statute, whether there ought to be an exemption from that statute — (2) through a broad exemption law, which calls on courts to decide when to carve out religious exemptions from a statute and when not to, or (3) as a matter of constitutional command, interpreting the Free Exercise Clause as presumptively (but not categorically) mandating religious exemptions?

I’m inclined to conclude that the best solution is a mix of (1) and (2) — legislatures create exemptions when they think of them, but also authorize courts to do the same — but generally without the constitutional model (3). I discuss this in much more detail in my “A Common Law Model for Religious Exemptions” article, but here I just want to focus on part of that: why I think religious exemptions are often a good idea, even though I myself am not religious. . . .[Full text]