Consent not a defence, court tells body modification artist

BioEdge

Michael Cook

Dr. Evil, a British body modification artist, has been found guilty of three counts of grievous bodily harm for tongue-splitting and nipple removal despite the fact that his clients consented to the procedures.

The argument put forward in court by Dr Evil, aka Brendan McCarthy, was strongly supported in the community. A petition with 13,400 signatures argued “for the right to express ourselves in whatever modified manner we wish in a safe environment”.

Judge Amjad Nawaz ruled that the kind of radical procedures in which Dr Evil specialised were not analogous to tattoos and piercings. . .[Full text]

Controversy dogs ‘assisted dying’ poll of UK doctors

BioEdge

Michael Cook

A controversial poll by the Royal College of Physicians, in the UK, is expected to result in a change in its position on “assisted dying”. Polling ends on March 1 and the result will be announced later in the month.

If the email poll fails to reach a supermajority of 60% who oppose a change from the status quo of opposition, the official position of the College will change to neutrality.

On the face of it, the procedure for the poll is bizarre. If 59% of the RCP’s 35,000 members support opposition to “assisted dying”, which in any democratic election would be an overwhelming victory with a margin of 18 percent, they still lose.

In fact, a former chair of the RCP’s ethics committee has threatened legal action. Dr John Saunders described the vote as a “sham poll with a rigged outcome”. In a letter to The Guardian he contended that the RCP would change its position to neutral even if the result were the same as a 2014 poll, when 57.5% of the doctors who voted did not “support a change in the law to permit assisted suicide by the terminally ill”.

Another group of doctors wrote a letter to The Times in which they accused a cabal of hijacking the RCP. “We are worried that this move represents a deliberate attempt by a minority on the RCP council to drop the college’s opposition to assisted suicide even if the majority of the membership vote to maintain it.”

The RCP President, Dr Andrew Goddard, insists that the poll is both fair and necessary. “It is important that the RCP represents fairly the views of its full membership. We will go ahead with the survey as planned.”

He is quite aware of the impact that a change would have upon public opinion. “The RCP is frequently asked for its stance on this high profile issue, which may be cited in legal cases and parliamentary debate, so it is essential that we base this on an up-to-date understanding of our members’ and fellows’ views.”

Although some reports assumed that “assisted dying” means “assisted suicide”, the RCP’s definition seems to encompass euthanasia as well: “The supply by a doctor of a lethal dose of drugs to a patient who is terminally ill, meets certain criteria that will be defined by law, and requests those drugs in order that they might be used by the person concerned to end their life.” In Oregon, where only assisted suicide is legal, “a physician prescribes a lethal dose of medication to a patient, but the patient – not the doctor – administers the medication.”


Controversy dogs ‘assisted dying’ poll of UK doctors

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Queenslanders asked if voluntary euthanasia should be allowed for under-18s

Brisbane Times

Felicity Caldwell

Queenslanders will be asked whether voluntary euthanasia should be available to people aged under 18.

The Health, Communities, Disability Services and Domestic and Family Violence Committee released an issues paper as part of its 12-month inquiry into aged and palliative care, end-of-life and voluntary assisted dying on Thursday.

People will be asked whether they think voluntary euthanasia should be allowed in Queensland, whether it should be limited to people aged 18 and over, and if doctors should be allowed to conscientiously object. . .[Full text]

Labour Court clarifies freedoms of religion and conscience in healthcare sector

Wistrand International Law Office

Jörgen Larsson

Introduction

Sweden is one of the most secular countries in the world with full freedom of religion. Further, freedom of conscience is a right protected by the European Convention on Human Rights (ECHR). However, domestic law recognises no right to conscientious objection. In this respect, Sweden differs from most other European countries.

In 2017 the Labour Court clarified from an employment law perspective whether freedom of conscience gives healthcare professionals a right to conscientious objection.

Facts

A midwife expressed that her religious beliefs forbid her from performing abortion services. When she expressed her opinion, three different healthcare regions in Sweden refused to employ her. The midwife brought the case to the Equality Ombudsman, which found that her refusal to perform abortion services was a manifestation of her religious beliefs and was thus protected by Article 9 of the ECHR. The Equality Ombudsman also found that the healthcare regions’ requirement that the midwife perform abortion services was reasonable and motivated by social interests in order to secure women’s effective access to abortion services. Therefore, the midwife’s freedom of religion had not been violated. . . . Full Text

The euthanasia slippery slope is here

National Post

Barbara Kay

Last week marked the four-year anniversary of the Supreme Court ruling that validated Medical Assistance in Dying (MAID). At the time, many euthanasiasts confidently predicted there would be no “slippery slope” toward abuses. . . Federal Justice Minister David Lametti has said the government will continue to review the practice of MAID. . . Will he take into serious consideration the opinions of doctors who find the practice repugnant and contrary to conscience? . . .[Full text]