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The Newsletter index
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Adoption of an ambiguous law about ill patient’s rights and end
of life |
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Did Terri Schiavo die of lack of food or dehydration? |
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John Paul II: the theology of the body |
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Right to life: conscientious objection of politicians |
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French Parliament adopted on 12th April 2005 the law
proposal relative to ill patient’s rights and end of life which establishes
a right “to let die”. Finally, French Senate supported the text voted at the
National Assembly on 30th November 2004 (see
Gènéthique n°60).
No
irrational persistence
The text foresees that medical acts must not be carried on with “irrational
persistence”, which is the expression preferred to “the use of intensive
medication”. The works of the Leonetti mission, by which the law was
inspired, informs us of some principles of medical deontology known by
practitioners, but ignored by the public, particularly the one according
which it is possible to avoid the use of intensive medication. The law now
states that a terminally ill person can decide "to limit or to end any
treatment" and authorizes administration of pain-killers, even if they
may hasten death.
Interruption of feeding and hydration?
According to its promoters, this text seems to allow the interruption of
feeding and hydration, which represents a kind of euthanasia, when requested
by families or a person of confidence, in the name of ill patients who
cannot express themselves. As stressed by Anne-Marie Payet, during the
debate in the Senate, although artificial, hygiene, feeding and hydration
have to be considered as the basic minimum, ordinary, personal and not as
medical acts.
An amendment, lodged in this purpose and voted, was not finally introduced,
since Philippe Douste-Blazy asked for a new deliberation that this amendment
be struck from the law and that the text be adopted without modification.
The law remains unclear on this point.
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Did Terri Schiavo die of lack of
food or dehydration? |
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Terri Schiavo died Thursday 31st March. This 41
year-old woman was described as being in a vegetative state since 1990,
after a stroke. On 18th March, her husband who emphasized before the court
that she would not want such a life asked that her feeding tubes be
disconnected.
Vegetative state?
Terri Schiavo’s husband, appointed as her tutor, “started a new life” with
another woman. For years, Terri Schiavo’s parents opposed her husband,
assuring that their daughter “responded” and was waiting for a remission.
Twice in 2001 and 2003, Terri’s feeding tubes were disconnected. Her parents
and husband engaged in a veritable legal battle, which started again on 18th
March and reached its peak during the last weeks before her death. The
private affair became a State affair with the American Congress voting a
special law for Terri’s case to be reconsidered by Federal Court and the
intervention of George Bush “in favor of life”. Even so, the judges refused
to let Terri be fed again.
When her death was announced, President George Bush stated: " I urge all
those who honor Terri Schiavo to continue to work to build a culture of
life. The essence of civilization is that the strong have a duty to protect
the weak. In cases where there are serious doubts and questions, the
presumption should be in the favor of life."
The International Federation of Catholic Medical Associations (FIAMC) asked
American authorities to intervene to save the life of Terri
Schindler-Schiavo, condemned to death by lack of food and dehydration if
justice should decide so.
The Federation condemned the fact that the decision of a person’s life or
death be made from a subjective assessment of their sole quality of life.
The FIAMC pointed out that Mrs. Schiavo, who reacted to external
stimulations, was not in a vegetative state.
Due cares
From the Federation’s point of view, to let this woman die by lack of food
and dehydration was a perversion of medicine, a source of discrimination
between men and a violation of human dignity.
Pr Gian Luigi Gigli, president of the FIAMC, reminds us that a "patient in a
vegetative state is a human person". He denounced considering feeding and
hydration as aggressive therapies.
He recalled that in a vegetative state (he questions the term estimating
that it does not take into account the human dimension of the patient), an
ill patient carries on weakly detecting pain since it was shown that they
reacted to stimuli.
Indirect proof comes from the fact that when feeding and hydration are
stopped, ill patients receive a sedative until death occurs.
Terri Schindler-Schiavo’s death results from an unprecedented decision in
the United States, which opens the door to euthanasia.
In France it rekindled the debate on euthanasia and the stoppage of care and
treatment (see above). |
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John Paul II: the
theology of the body |
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John Paul II developed forcefully his thoughts about the « theology of
the body » (1).
Communion of persons
John Paul II relied on the story of the Creation in the Genesis, to base his
thought on the human body. Physical signs of sexuality are understood in
their finality, an expression of person communion.
Hence, neither hedonism, nor procreation can be the only objective of carnal
union.
John Paul II protested against utilitarianism which would lead to the use of
the other as an instrument.
Contraception and AIDS prevention
John Paul II often mentioned the Church’s point of view on contraception and
AIDS prevention. In 1993, in Uganda in front of young people, he explained
about AIDS that “honest sexual language requires a commitment to
faithfulness which lasts throughout life. The faithful sexual link of
chastity is the only sure and righteous way to put an end to this tragic
plague”.
John Paul II said concerning contraception that "the conjugal act
signifies not only love, but also potential fecundity... the conjugal act,
deprived of its truth because it is artificially deprived of its procreative
capacity, ceases also to be an act of love”…
Abortion
For John Paul II, “legalizing the termination of pregnancy is only an
authorization, given to adults, with the support of the law, to deprive a
helpless human being of life before it could see the light of day".
The Pope saw in it the fruits of a "culture of death", while he was
defending despite all opposition a "culture of life ".
1. La sexualité selon Jean-Paul II, Yves
Semen, Presses de la Renaissance, 2004 |
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Right to life: conscientious
objection of politicians |
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Conscientious objection, attested since Ancient Greece and Rome, is seen
from a different point of view now abortion and euthanasia have been
legalized. Although these laws often foresee a conscience clause, Michel
Schooyans reminds us, in the Revue de la recherche juridique (Journal
of Legal Research) of January 2005, the urgency of politician’s
conscientious objection "facing the conspiracy against life". (1)
A shared responsibility
After having enlightened the moral conscience of the physician, today the
Church notes how it is also urgent to enlighten the conscience of
politicians.
Today abortion and often euthanasia are performed within a narrow network of
close complicities. All the actors show solidarity with each other for the
organization of these scheduled deaths: from the legislator to the
practitioner, possibly also going through the judge; it is at all these
levels that we have to show solidarity with each other for the denunciation
of this death culture.
The role of politicians
When the law endangers the right to life, the conscientious objection
appears, not as a heroic option but as a duty for any Christian politician
and any citizen. In the encyclical Evangelium Vitae, John Paul II
speaks of the duties of politicians: “Called to serve the people and the
common good, they have a duty to make courageous choices in support of life,
especially through legislative measures …
For this reason I urgently appeal once more to all political leaders not to
pass laws which, by disregarding the dignity of the person, undermine the
very fabric of society”.
Conscientious objection
The duty of Christian politicians, and Christians in general, as regards to
life respect is clearly pointed out in a doctrinal note regarding questions
about participation of Catholics in political life (2): John Paul II has
reiterated many times « those who are directly involved in lawmaking
bodies have a «grave and clear obligation to oppose» any law that attacks
human life. For them, as for every Catholic, it is impossible to promote
such laws or to vote for them».
“When political activity comes up against moral principles that do not
admit of exception, compromise or derogation, the Catholic commitment
becomes more evident and laden with responsibility”… until “the abolition of
abortion and euthanasia … is obtained … using conscientious objection”.
1. Conscientious objection regarding health issues: the case of politicians,
Michel Schooyans, Revue de la recherche juridique, 2005-1
2. Doctrinal note of the Congregation for the Doctrine of the Faith, signed
by Cardinal. Ratzinger, 24th November 2002 |
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