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Declaration of Geneva
Autumn 2005 Newsletter
Editorial PDF Print E-mail

The situation is grave. The Mental Capacity Bill of April 05 provides for certain types of euthanasia. It was followed by Leslie Burke's Appeal. The judges declared that where the patient expressed the wish to be kept alive, stopping life-prolonging treatment would "leave the doctor with no answer to a charge of murder". But the Judgment handed down on 28 July 05 denied Leslie Burke the right to food and water when he becomes unable to communicate. His disease will progress until he loses the power to speak and swallow. He is then denied water and nutrition.

The British Medical Association 30 June 05 voted to take a neutral position on the euthanasia issue. Lord Joffe's Assisted Dying Bill is in the offing. It is reported that responses to the British Medical Journal's recent articles on euthanasia have been 5-1 against it. Please be ready to respond to similar articles and news items.

Mary Knowles

 
In Retrospect PDF Print E-mail

End of Life Care

"Basically, the bioethicists have warped the movement into a life-ending movement," said Diane Coleman of Not Dead Yet, 15 Nov. 2004. "They've had tens of millions of dollars to work with, and they've used it to build a steamroller that's decimating the civil and constitutional rights of people in guardianship."
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"The French Way?"

The French National Assembly on 30 Nov. 2004 passed a law on euthanasia by omission. Patients who are in a "vegetative state" may have their life support stopped. If they have an infection or a life-threatening complication they will not be treated, as it will be considered "out of proportion." Philippe Douste-Blazy, the Health Minister, described the new law as "a third way, the French way." Perhaps if he had described it more correctly as the British way, it would not have passed.
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Oscars attacked

"The Disability Rights group Not Dead Yet has criticised Hollywood's Motion Picture Academy for contempt for people with disabilities after two films promoting euthanasia were awarded Oscars." SPUC News reported on 2 March 05. Diane Coleman, the group's president, stated, "They love us if we're begging to die. Once we start talking about our rights, we see their interest and sympathy disappear."

Genetic Testing postponed

"It is now a crime in the U.S. to harm an unborn child while attacking his or her mother" (SPUC News, 5 Apr. 04). President Bush signed the Act into law on 2nd April; however, homicide is primarily a State crime, as opposed to a federal crime, so "Americans United for Life", say it is now important for all 50 states to provide similar protection for the unborn.
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Stroke Victims denied scans

"Thousands of lives are being lost because the Health Service is failing to give basic stroke care, it emerged yesterday," the Daily Mail reported on 15 March 05. "Half of all stroke patients are denied urgent scans on arrival at hospital, which can delay the start of life-saving treatment. 'One in three wait more than two days to get aspirin, which can prevent further strokes', said the Royal College of Physicians."
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"Diane refused euthanasia"

" the Edinburgh Evening News reported on 11 May 05. "Right-to-die campaigner Diane Pretty refused an offer to die at a Swiss euthanasia clinic so she could launch her court challenge, her family has revealed. Speaking at the third-year anniversary of her death, her husband Brian said the offer came just after Mrs. Pretty, who was paralysed with motor neurone disease, launched her legal fight."
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Living Wills a one-way-street in USA

"According to the National Right to Life Committee, the laws of all but ten states may allow physicians and hospitals to disregard Advance directives when they call for patients to be provided with treatment.
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Hammersmith Hospital breakthrough?

"British doctors have a 'significant' breakthrough using patients' own stem cells to regrow their livers, raising the possibility of it replacing organ transplants in the future." (Sunday Telegraph, 29 May 05). "Nagy Habib, the Professor of liver services at Hammersmith Hospital, who is overseeing the project, said: "The treatment is still experimental, but we hope that we have made a significant breakthrough."
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Campaign for Sperm donors too dear

"Every sperm donor recruited by a new awareness campaign costs the Government £6,250, according to critics who say the scheme has been wasteful (Sunday Telegraph, 3 July 05). "Since the Government changed the law in April to allow children of sperm donation a right to information on their natural parents, ministers have spent £300,000 on a drive to counteract a drop in donor numbers. Sperm donors receive, by law, a maximum of £15 for their efforts."
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Irishwoman to challenge abortion law

"In the first test case of Ireland's abortion laws at the court in Strasbourg, it is claimed that the lack of abortion services discriminates against the right to be protected against inhuman and degrading treatments." (Independent on Sunday, 4 Sept. 05).
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Abortion 'bad for women'

"A member of a radical UN women's committee has broken ranks with her colleagues and described the killing of unborn children as 'bad for women'" (ALIVE, Sept. 05). "She expected that in the future abortion will be viewed in the same way that 'torture' is viewed now in the area of human rights."
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"Nurse found dead may have killed 23 patients"

The Times on 31 Aug. reported "A hospital matron with a 'God Complex' who was facing trial charged with murdering three elderly patients may have killed a further 20 people, police said yesterday." The Daily Mail stated on 1 Sept. 05 that relatives were not happy with the proposal to hold an inquiry behind closed doors, even if the results were published.
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Recommended Reading

No Water - No Life: Hydration in the Dying by Gillian Craig, published by Fairway Folio of Alsager, Cheshire, is now available, price £15 in the UK or £18 overseas. ISBN 0 9545445 36.

The Mental Capacity Act 2005 Explained (short pamphlet), published by SPUC, 5-6 St. Matthew Street, London SW1P 2JT.
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Zogby Poll PDF Print E-mail

Lifenews reported on 1 Apr. 05: "Polls leading up to the death of Terri Schiavo made it appear Americans had formed a consensus in favour of ending her life. However, a new Zogby poll with fairer questions shows the nation clearly supporting Terri and her parents and wanting to protect the lives of other disabled patients.

"The Zogby poll found that, if a person becomes incapacitated and has not expressed their preference for medical treatment, as in Terri's case, 43 per cent say "the law presumes that the person wants to live, even if the person is receiving food and water through a tube," while just 30 percent disagree.

"Another Zogby question hits directly on Terri's circumstances:

"If a disabled person is not terminally ill, is not in a coma, and not being kept alive on life support, and they have no written directive, should or should they not be denied food and water," the poll asked.

"A whopping 79 per cent said the patients should not have food and water taken away, while just 9 per cent said yes."

However on 20 June 05 the American Medical Association adopted a resolution opposing any legislation that would make sure disabled and incapacitated patients are not refused life-saving medical care.

 
UNFPA on Maternal Mortality PDF Print E-mail

Friday Fax, by Austin Ruse, reported on 21 Apr. 05 that the UN now admitted that access to abortion was not effective at reducing maternal mortality.

"Earlier this month, the United Nations Population fund (UNFPA) released its annual report on maternal mortality around the world. The report shows that the most important means of reducing maternal mortality is the presence of a skilled birth attendant with access to emergency obstetrical care. The report contradicts UNFPA's earlier strategy of focussing on access to contraceptives and legalised abortion as the main means of reducing maternal mortality.

"The report acknowledges that 'almost all maternal mortality is avoidable,' because 'all five of the most life-threatening complications can be treated by a professional health worker.'"

 
UN Votes Against Cloning PDF Print E-mail

The General Assembly of the United Nations on 8 March 05 called on all the nations of the world to ban all forms of human cloning. 84 countries voted in favour of a ban, while only 34 voted against it.

Friday Fax reported: "British Ambassador Emrys Jones Parry expressed the UK's defiance of the Declaration, stating that "the UK government announced this week more than $1 billion of funding over the next three years for biotechnology research, including stem cell research.

"The UK is pressing ahead with destructive embryo research despite a recent medical scandal over its developing trade in Romanian embryos.

"To prevent the exploitation of women, the UK does not permit payment to donors for their eggs. However, to supplement the shortage of eggs in British fertility clinics, the British Human Fertilisation and Embryology Authority has allowed UK clinics to import Romanian embryos, despite credible reports that Romanian women are paid high amounts for their eggs."

A proposal in Italy to overturn restrictions there was decisively defeated in a referendum in June. The law limits the number of embryos that can be created to three, forbids sperm or egg donation from outside the couple and prohibits scientific research using embryos.

Josephine Quintavalle (CORE), sums up the situation in Britain:

 
Tube-fed patients "too costly" PDF Print E-mail

In the High Court in July 2004 Mr. Justice Munby ruled that Leslie Burke should be able to request tube feeding and hydration in advance of its becoming necessary - and receive it - as well as being able to refuse. The Dept of Health was so appalled by this that they intervened in the Appeal by the General Medical Council. Their solicitor in applying for leave wrote:

"The Secretary of State would wish to put before the Court evidence of the actual cost of ANH to individual cases and the incidence of the provision of ANH (or artificial nutrition and hydration on their own) in NHS hospitals. Again, it is the Secretary of State who is best placed to make these points, as they affect the NHS as a whole; and the Secretary of State who has perhaps the most direct interest (as ultimately the providing and paying party) in being able to address the Court on these matters."

After a critical headline in the Daily Mail, Baroness Ashton told the House of Lords the only grounds on which the Dept. of Health had joined the appeal were that "the judgment could be read as allowing patients to request any life sustaining treatment, even if it was harmful to the patient or if the treatment was not available, such as a transplant or a very expensive experimental treatment that in the clinical judgment of doctors was not appropriate or in the patient's best interest."

On 24th March in debates on the Mental Capacity Bill, when challenged by Lord (John) Patten to explain the discrepancy, she repeated the cover-up. However on 18th May, when the Burke case came to the Appeal Court, Mr. Sales, Counsel for the Dept. of Health, said that judges must respect the will of Parliament in the Mental Capacity Act. (The Doctors' Federation, also, was an Intervener in this case, with the Medical Ethics Alliance and ALERT.) Our solicitor's notes read:

Mr. Sales: "In the light of the 2005 Act, we say it has superseded the [Munby] judgment. A patient has no right to demand a particular form of treatment, the Secretary of State has a question of resources, we say it is a remarkable feature that the Judge suppressed concerns re resources."

Later: "Even if there are no resource concerns, there may still be contra-indications of application of ANH as treatment."(Emphasis ours)

Our QC, Mr. Dingemans, made the point that the patient's best interests and the resources of the NHS were separate issues.In the Judgment handed down on 28th July 2005 which denied Leslie Burke the right to food and water when he becomes unable to communicate, resources were only mentioned once, and that was in quoting Judge Munby (para 27).

 
The Groningen Protocol PDF Print E-mail

Associated Press stated on 30 Nov. 04: "A hospital in the Netherlands, the first [sic] nation to permit euthanasia, recently proposed guidelines for mercy killings of terminally ill [sic] newborns, and then made a startling [sic] revelation. It has already begun carrying out such procedures, which include administering a lethal dose of sedatives." In fact, the first nation to permit euthanasia in modern times was Nazi Germany. The babies killed by doctors are disabled but not all terminally ill, and the practice has been advertised by Dutch doctors for several years.

"In August [2004] the main Dutch doctors' association KNMG urged the Health Ministry to create am independent board to review euthanasia cases for terminally [ill] people 'with no free will', including children, the severely mentally retarded and people left in an irreversible coma after an accident. The Health Ministry is preparing its response." (A.P.)

The New England Journal of Medicine on March 10, 2005 published an article entitled "The Groningen Protocol - Euthanasia in Severely Ill Newborns", by Eduard Verhagen, MD, JD and Pieter J. J. Saner, MD, PhD, at the University Medical Centre, Groningen, the Netherlands. Wesley Smith commented in the National Review (22 March 05): "This was merely the most recent in a series of euthanasia/assisted suicide-promoting articles that have been published in that once august journal in recent years. Perhaps the NEJM should change its name to the New Euthanasia Journal of Medicine."

 
Spanish Clinics; M.S.I PDF Print E-mail

The Sunday Telegraph on 11 Sept 05 reported that an abortion clinic in Spain is offering financial kickbacks to women with late-term pregnancies to entice them into having illegal terminations. It is also offering commission to helplines supplying the patients. "The clinic, Mediterranean Medica, based in Valencia, circumvents British and Spanish law by carrying out terminations on 26-weeks pregnant women for €2000 (£1,353) and then claiming that they were mentally ill."

In October 2004 the same newspaper revealed that the British Pregnancy Advisory Service was deliberately directing women with healthy post-24 week pregnancies towards the Clinica Ginemedix in Barcelona, where they were given illegal terminations with false paperwork. "A British Government inquiry into the scandal has yet to report its findings." Facts were unearthed by the Pro-Life Alliance.

The Mail on Sunday reported on 4 Sept 05 "Britain's leading abortion clinic has been accused of paying staff cash bonuses to carry out more terminations.

"Marie Stopes International, a registered charity, is alleged to have offered nurses payments of hundreds of pounds if they can increase the number of NHS-funded abortions they perform each day."

On 11 Sept. 05 the Mail on Sunday revealed that private abortion clinics are paying doctors to authorise terminations without their ever meeting the women involved.Anna Furedi, chief executive of the BPAS, confirmed: "Forms issued by the Dept. of Health allow for both doctors to sign, stating that they have not seen the women."

 
SOS-NHS - Patients in Danger PDF Print E-mail

Apparently unaware of current hospital practice, the judges declared (para 34):

"It seems to us that for a doctor deliberately to interrupt life-prolonging treatment in the face of a competent patient's expressed wish to be kept alive, with the "intention of thereby terminating the patient's life, would leave the doctor with no answer to a charge of murder." SOS-NHS - Patients in Danger has records of a number of variations on this scenario, sent by bereaved families, such as 'May 1 have a cup of tea?' followed only by sedation.

Outside the Law Courts on 28th July one of their members, dressed as the Grim Reaper, held up a placard saying "SEDATE - DEHYDRATE - ELIMINATE." This part of the judgment, theoretically, gives them ground for recourse to the law. However, a very recent attempt to persuade the police to investigate a tragic death failed, like many previous ones, due to their deference to hospital doctors.

"The Appeal Court decision has created a dual system of justice, one for people who can speak for themselves and another for those who can't." Wesley J. Smith

 
Schindler Prize PDF Print E-mail

One of the most inspiring stories of the past year was the magnificent, doomed effort by so many people in the USA to save the life of Terri Schindler-Schiavo, condemned to die of thirst - as many other patients are, behind closed doors. Her death in a 'Hospice' and the bias of much of the U.S. media, have shown how serious the challenge is to medical ethics at the present time.

Our euthanasia action group, First Do No Harm, is offering an Annual 'Schindler Prize' of £500, in honour of Terri's faithful parents, for the best attempt by a doctor of an attempt like theirs to save life, successful or not. Dr. Richard Lamerton is a trustee of the fund, together with Sir Adrian FitzGerald Bt, Dr. Mary Knowles; and Dr. Jane Campbell, of the Disability Rights Commission, has agreed to join us, which is a great honour. The prize will shortly be advertised.

 
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