Supreme Court of the United Kingdom to hear midwives’s case on 11 November

The Greater Glasgow Health Board has appealed to the Supreme Court of the United Kingdom to overturn a ruling that two midwives cannot be compelled to participate in abortions by delegating, supervising and supporting those involved in the procedures.  The case is to be heard 11 November, 2014.

The midwives’ legal costs have been in excess of £250,000 ($396,758 USD) to date.  The appeal is expected to cost them a further £130,000 ($206,314 USD). The Society for the Protection of Unborn Children is assisting with their legal costs and has appealed for donations.

Supreme Court of the United Kingdom

Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland)

Case ID: UKSC 2013/0124

Issue

Judicial Review – Abortion – Conscientious objection – Midwives

Does s.4(1) of the Abortion Act 1967, which provides that “no person shall be under any duty… to participate in any treatment authorised by this Act to which he has a conscientious objection”, entitle a Labour Ward Co-ordinator to refuse to delegate to, supervise and/or support midwives providing care to patients undergoing termination procedures?

Facts

From the outset of their employment with the appellant health board, the respondent senior midwives, both Roman Catholics, objected to and were exempted from directly participating in the treatment of patients undergoing terminations. Following a service reorganisation, the numbers of abortions performed at the hospital where they worked increased. They sought confirmation from the appellant that they would not be required to delegate to, supervise or support other midwives providing care to such patients. The appellant declined to give this assurance, rejecting the respondents’ grievance and subsequent appeal. The respondents challenged the latter decision by way of judicial review, contending that it contravened s.4(1) of the Abortion Act 1967. They were unsuccessful at first instance but succeeded on appeal to the Inner House.

Judgment appealed

[2013] CSIH 36

Appellant

Greater Glasgow Health Board

Respondents

  1. Mary Teresa Doogan
  2. Concepta Wood

Interveners

  1. Royal College of Midwives
  2. British Pregnancy Advisory Service

 

 

Lords back assisted dying providing judge gives final ruling

The Independent

Lewis Smith

Judges could routinely be given the power of life or death over patients who are determined to die to end their suffering.

Proposals to use judges as the final arbiters of who can be helped to die go some way to satisfying opponents to Lord Falconer’s Assisted Dying Bill. Lord Pannick QC proposed judicial oversight in amendments to the Bill which went before the House of Lords yesterday. The Lords, in the first Parliamentary vote on the Bill, gave it their approval.

Baroness Butler-Sloss, former head of the High Court Family Division, was among critics of the Bill who said giving judges a crucial role in assisted dying cases could provide the safeguards needed. [Full text]

When is a problem not a problem?

Refusing to dispense drugs to kill patients with psychiatric illness

Levenseinde Kliniek complains about uncooperative Dutch pharmacists

Sean Murphy*

When is a problem not a problem?In April, 2014, a complaint was made in the Netherlands that some Dutch pharmacists were refusing to provide euthanasia drugs.  The complaint led members of the Dutch Parliament from the green party, GroenLinks, to ask for a debate with health minister, and members of other Dutch political parties let it be known that they were also concerned.

 According to the news reports, over half the physicians at “the independent euthanasia clinic” had been refused lethal drugs, and 23 percent of 53 pharmacists surveyed reported that they sometimes refused to fill euthanasia prescriptions.  It was argued that pharmacists should not be able to refuse drugs needed to kill patients if two physicians had approved the euthanasia request.  However, while the law in the Netherlands permits physicians to provide euthanasia, it does not mention pharmacists. [Full Text]

Judgementalism and moralising in response to Brittany Maynard suicide

Sean Murphy*

On 1 November, Brittany Maynard,  a 29 year old woman with terminal brain cancer, committed suicide in Oregon State with the assistance of a physician (and, presumably, a pharmacist), who provided the lethal medication she consumed.  Assisted suicide is legal in Oregon; that is why Maynard moved to the state.  In the weeks leading up to her death she had become a celebrity because of her public advocacy of assisted suicide, augmented by a kind of “countdown” to the date she had chosen to die. [NBC News]

It is not surprising that the announcement that she had killed herself as planned was followed by an outburst of judgementalism and moralising.

Prominent bioethicist Arthur Caplan stated, “did nothing immoral when she took a lethal dose of pills.”  He dismisses the view that “only God should decide when we die” because he finds that inconsistent with the existence of free choice, adding, “To see God as having to work through respirators, kidney dialysis and heart-lung machines to decide when you will die is to trivialize the divine.” [Brittany Maynard’s Death Was an Ethical Choice]

Chuck Currie, a minister of the United Church of Christ in Oregon, also insisted that Maynard had “made a moral choice.”  He described committing suicide under the terms of the Oregon law as taking “medically appropriate steps to make that death as painless and dignified as possible” – an appropriate exercise of “moral agency.”  Like Caplan, his theological views about the nature of God inform his approach to the issue. [Brittany Maynard Made A Moral Choice]

Writing in the New York Post, Andrea Peyser did not explicitly address either moral or theological questions, but implicit in her headline and awestruck praise for Maynard’s suicide was the premise that the young woman had done a “brave” and good thing. [We should applaud terminally ill woman’s choice to die]

In contrast, the head of the Catholic Church’s Pontifical Academy for Life in Rome, Monsignor Ignacio Carrasco de Paula, said that Maynard’s killing herself was a  “reprehensible” act that “in and of itself should be condemned,” though he stressed that he was speaking of the act of suicide itself, not Maynard’s moral culpability. [Daily News]

Those who condemn “judgementalism” and “moralising” ought to be offended by all of these commentators, because all of them –  Caplan, Currie, Peyser and de Paula – have expressed moral or ethical judgements.  To condemn suicide as “reprehensible” is surely to make a moral or ethical judgement, but moral judgement is equally involved in a declaration that suicide is a “moral” or “ethical” choice that should be applauded.

Health care workers who refuse to participate in some procedures for reasons of conscience or religion are often accused of being “judgemental” or of “moralising.”  In fact, as the preceding examples illustrate, their accusers are not infrequently just as “judgemental” and “moralistic.”   Such differences of opinion are not between moral or religious believers and unbelievers, but between people who believe in different moral absolutes.

This was one of the points made by Father Raymond De Souza during an interview about assisted suicide on CBC Radio’s Cross Country Checkup.  Interviewer Rex Murphy asked him if he thought that  “the idea of any absolute . . . even on the most difficult of questions of life and death . . . are no longer sufficient . . . for the modern world.”  Fr. De Souza’s response:

It’s a shift, Rex, I would say from one set of absolutes to the other.  And the absolute would be the absolute goodness of life, in one case, to assertion of personal autonomy, which is becoming an absolute assertion. And in fact in some of the arguments that have gone before the court, while acknowledging potential difficulties and philosophical objections, the right to personal autonomy trumps everything else.  So, in a certain sense, I wouldn’t say we are moving away from absolutes, but shifting from one set of absolutes to the other . . . [34:21- 35:24]

 

 

 

Doctors refusing to prescribe statins

Two in three family GPs refuse to follow NHS advice to give statins to 40 per cent of adults, survey finds

The Telegraph

Laura Donnelly, and Edward Malnick

Two thirds of GPs are refusing to comply with controversial NHS advice to prescribe statins to millions more adults, polling has found.

Family doctors said guidelines from the National Institute for Health and Care Excellence (Nice), advising 40 per cent of adults to take the pills, were “simplistic”. They insisted they would not allow the “mass medicalisation” of the public.

The guidelines, published in July, say drugs to protect against strokes and heart attacks should be offered to anyone with a one in 10 chance of developing heart disease within a decade.

It means 17.5 million adults, including most men aged over 60 and women over 65, are now eligible for the drugs, which cost less than 10p a day.

A number of cardiologists have defended the guidance, which Nice says could cut 50,000 deaths a year from strokes and heart attacks.

But the advice has divided experts, with prominent doctors accusing Nice’s experts of being too close to the pharmaceutical industry. [Full Text]