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0 - Page 3 of 3 - Protection of Conscience Project Library
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(Editorial) The sacred and the secular: the life and death of Terri Schiavo

CMAJ

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
. . . In medical and legal opinion, Terri Schiavo’s cognizance of her self and her life ended in 1990, when she suffered a cardiac arrhythmia and massive cerebral cortical encephalopathy that left her in a persistent vegetative state. Her facial expressions, along with a seemingly “normal” sleep–wake cycle, constituted but one dimension of the cruelty of this condition. . .

. . .More than one commentator has viewed the “right- to-life” fight to prolong Schiavo’s pitiable existence as an anti-abortion campaign “by other means.” . . .

. . . there seems little doubt that, in North America, ideology and religion have begun to seriously distort the type of consensus-building that is the proper business of democratic politics . . .

Where do physicians find themselves in such debates? Medicine is a secular and scientific profession that, for all that, must still contend with the sacred matters of birth, life and death. In practice, physicians must set aside their own beliefs in deference to the moral autonomy of each patient — or else transfer that patient’s care to someone who can meet this secular ethic. . .

. . .The emotionalism and rancour that swirled around the Schiavo case underscores a wider societal duty borne by the medical and scientific community. This is to remain alert to political and legislative tendencies that impose imprecise moral generalizations on the majority, at the expense of reason, scientific understanding and, not infrequently, compassion.


CMAJ. (Editorial) The sacred and the secular: the life and death of Terri Schiavo. Can. Med. Assoc. J.. 2005 Apr 26;172(9):1151.

Without Conscience

Elie Wiesel

New England Journal of Medicine, NEJM
New England Journal of Medicine

Extract
Inspired by Nazi ideology and implemented by its apostles, eugenics and euthanasia in the late 1930s and early 1940s served no social necessity and had no scientific justification. Like a poison, they ultimately contaminated all intellectual activity in Germany. But the doctors were the precursors. How can we explain their betrayal? What made them forget or eclipse the Hippocratic Oath? What gagged their conscience? What happened to their humanity?


Wiesel E. Without Conscience. N Engl J Med.. 2005 Apr 14;352(15):1511-1513.

Un aspect crucial mais délicat des libertés de conscience et de religion des articles 2 et 3 des Chartes canadienne et québécoise: l’objection de conscience

Henri Brun

Les Cahiers de Droit
Les Cahiers de Droit

Abstract
The Supreme Court of Canada, obiter, in the Big M Drug Mart Case, has spoken of the “Constitutional Exemption”. It is the possibility not to be bound to obey the neutral laws that conflict with one’s conscience or religion. It is what we call in French l’objection de conscience. The institution exists in Canadian and Québec Law as a part of the right to freedom of conscience or religion expressed in 2a) and 3 of the Canadian and Québec Charters of Rights. And it goes well beyond the right not to fight within the armed forces. The Supreme Court of Canada has actually delivered six judgments touching on the subject in 1985 and 1986. The conditions under which l’objection de conscience come into play are not so well known however. Does it cover matters of worship or only rules of morals ? Secular or only religious principles ? Personal or only group beliefs ? Do the existence of the rule, the sincerity of the objector and the reasonableness of the exemption have to be proved? Above all, what is the difference between a creed and an opinion ? The following article tries to formulate answers to these questions, with the help of current case-law.


Brun H. Un aspect crucial mais délicat des libertés de conscience et de religion des articles 2 et 3 des Chartes canadienne et québécoise: l’objection de conscience. Les Cahiers de Droit. 1987;28(1):185-205.

(News) Abortion payment

Barbara Sibbald

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
The New Brunswick government is refusing to pay for abortions performed at private clinics, despite renewed warnings from Ottawa. Federal Health Minister Ujjal Dosanjh told the province it is violating the Canada Health Act . . . New Brunswick medicare only pays for abortions up to 12 weeks, performed in hospitals with the approval of 2 physicians. About 600 women a year pay up to 750 for the procedure at the Morgentaler clinic.


Sibbald B. Abortion payment. Can Med Assoc J. 2005 Mar 1;172(5):624.

(Correspondence) Not a middle-of-the-road position

Donald S Stephens

Canadian Medical Association Journal, CMAJ
Canadian Medical Association Journal

Extract
I cannot understand how Dr. Ursus can claim to have a “middle-of-the- road” position on abortion . . . however, by performing these procedures or referring patients for them, he’s chosen against his smaller, defenceless patients. He is on that side of the road.


Stephens DS. (Correspondence) Not a middle-of-the-road position. Can Med Assoc J. 2005 Feb 1;172(3):312.