Issue Nine

1 April 2003

Editorial: Listening to the Culture
Arguments in bioethics based on the right to self-determination inevitably ignore the societal implications of people's "private" choices. In New Zealand law-makers need to consider the way in which the issue of euthanasia intersects with the broader societal context.

Preimplantation Genetic Diagnosis, Disability and a Catholic Ethic of Caring

From a Catholic perspective the over riding concern regarding Genetic Testing relates to the intrinsic dignity of the embryo. Yet deeper reflection shows there are also other concerns that point to the need for strong legislative parameters around the use of Preimplantation Genetic Diagnosis for the sake of a caring society in which difference and diversity are celebrated.

Toi Te Taiao The Bioethics Council

The Bioethics Council is a Ministerial Advisory Committee that reports to the New Zealand government through the Minister for the Environment. Its establishment is a recommendation of the Royal Commission on Genetic Modification. This article introduces the terms, goals and members of the Council.

The Experience of Assisted Suicide in the Netherlands and in the State of Oregon (USA) What can we learn?
The very real dangers associated with the legalisation of assisted suicide or euthanasia are evidenced by the emphasis its proponents place on the need for safeguards. This article draws on official research to show that, overseas, apparently strict criteria fail to prevent abuse
  • Sharron Cole 1 April 2003

    The New Zealand Catholic Bishops’ Conference Submission to the Royal Commission (2000) on Genetic Modification analysed the debate around genetic modification.   The Bishops recommended there be an ethical framework for decision making and suggested the following as a way forward:

    In order to prevent unethical or unwise use of GM, oversight of its use by appropriate bodies, established by regulation, is a moral imperative. We strongly believe that a framework of ethical principles is needed to assist individuals and the community to make informed decisions about the profound issues associated with genetic modification…. 

    Such a framework would provide consistency in decision-making and regulation across diverse applications, and continuity and stability across time. Some issues, especially cultural concerns, would be best dealt with at this principled level rather than being handled, as they currently are, on a case by case basis within the regulatory process. 

    In its report, the Royal Commission on Genetic Modification recognised the cultural, ethical and spiritual concerns that underlay many of the submissions (14.4) and that there was a “shared framework of values that many New Zealanders would recognise as things we hold in common” (2.1).   The Commission recommended the establishment of a Bioethics Council which would be, as Barbara Nicholas has written (2002, p.7), “an additional body [to the current ethics committee structure] to address the over-arching cultural, ethical and spiritual issues that were not easily dealt with through the case-by-case review process that is typical of ethics committees and of ERMA.” 

    The Government subsequently heeded the recommendation of the Royal Commission and established a group to develop the terms of reference.   These terms, approved by Cabinet in May 2002 and published on the Ministry for the Environment website, are to: 

    1.       Provide independent advice to Government on biotechnological issues that have a significant cultural, ethical and spiritual dimension.

    2.       Promote and participate in public dialogue on cultural, ethical and spiritual aspects of biotechnology, and enable public participation in the Council’s activities.

    3.       Provide information to the public on the cultural, ethical and spiritual aspects of biotechnology. 

    The Council was established in December 2002.   Its goals are to enhance New Zealand’s understanding of the cultural, ethical and spiritual aspects of biotechnology, and to ensure that the use of biotechnology has regard for the values held by New Zealanders. Presently, it is a Ministerial Advisory Committee, reporting to the Government through the Minister for the Environment but this will be reviewed after a period of two years when it may become a statutory body.   The Council’s guidelines and recommendations will not be binding and it is not a decision-making body. 

    The independence of the Council is a feature that is emphasised in media information, particularly the government website on genetic modification.   The Council sets its own work programme and priorities, there are no restrictions on freely communicating its activities and findings and it has links to government agencies, the biotechnology sector, and the public. It is expected to co-ordinate with other advisory and decision-making bodies concerned with ethics and values and to establish links with similar international bodies. 

    In appointing members to the Council, the Government stated that it wanted them to have the qualities of an open and inquiring mind; the ability to deal with complex issues and to work collaboratively; the ability to communicate difficult ideas across different generations and communities of interest; good judgement; and the time to dedicate to the work of the Council. The Government also claims that membership of the Council is a demonstration of its commitment to the Treaty of Waitangi and to consult and engage with Māori in a way that specifically provides for their needs. 

    Council Members are:

    Sir Paul Reeves is the inaugural Chair and is a former Governor General and Anglican Archbishop.

    Helen Bichan has scientific training and considerable experience in the health industry, most recently working in the area of mental health.

    Eamon Daly is an independent researcher in information technology ethics and information privacy issues.

    Anne Dickinson is National Director of the Catholic agency for Justice, Peace and Development and final chair of the disestablished Independent Biotechnology Advisory Council (IBAC).

    Professor Gary Hook is a distinguished scientist who has spent his life as a scientific researcher after training as a biochemist. He is also a board member of the Foundation for Research, Science and Technology.

    Waiora Port is a respected Kuia with long-standing community knowledge of Māori health issues.

    Graham Robertson is a self-employed farmer and a past member of the Independent Biotechnology Advisory Council (IBAC).

    Ian Shirley is Professor of Public and Social Policy, Auckland University of Technology.

    Cherryl Smith has experience in horticulture and is a member of Te Waka Kai Ora, the Māori organic growers association.

    Jill White is a former MP and former Chair of ERMA.

    Dr Martin Wilkinson is a senior political studies lecturer at Auckland University. 

    What is expected of the Bioethics Council is demanding.   It is required to bring together the knowledge of many wide-ranging disciplines and to ensure that that the ambit of social and ethnic perspectives that make up New Zealand society are both heeded and incorporated into its recommendations.   It also has the challenging task of integrating the cultural, ethical and spiritual dimensions with the scientific and economic ones.   Whatever its recommendations, it is certain that the Council will not please everyone but it is significant that Government, by the very act of establishing a Council, accepted that the less tangible spiritual, cultural and ethical dimensions are at least as important in our society as the more concrete scientific, economic and political concerns. 

    New Zealand Catholic Bishops’ Conference Submission to the Royal Commission on Genetic Modification October 2000. http://www.nathaniel.org.nz/Royal%20Commission%20Submission.html, accessed 17 March 2003.

    Royal Commission on Genetic Modification (2001). Report of the Royal Commission on Genetic Modification. Wellington: 1 September 2002.

    Nicholas,B (2002). ‘Bioethics Council:Toi Te Taiao’. NZ Bioethics Journal, 3:3, pp 6-8. 

    Ministry for the Environment Website, http://www.mfe.govt.nz/issues/organisms/bi o ethics-council-terms-of-reference.html,  

    Government Website on Genetic Modification, http://www.gm.govt.nz/topics-bioethics.shtml, accessed 17 March 2003 

    __________________

    Sharron Cole is a member of the Hutt Valley District Health Board and a member of the Panel of Advisors for The Nathaniel Centre

    ©
    2003

     

     

     

     

     

     

     

  • Michael McCabe 1 April 2003

    On April 9, 2003, the New Zealand Parliament was due to debate Peter Brown’s Private Member’s Bill entitled “Death with Dignity.” The bill’s stated purpose is: to “allow persons who are terminally and/or incurably ill the opportunity of requesting assistance from a medically qualified person to end their lives in a humane and dignified way and to provide for that to occur after medical confirmation, a psychiatric assessment, counselling, and personal reflection.” 

    There are very real dangers to society associated with the legalization of assisted suicide. This is evidenced by the fact that advocates for assisted suicide consistently highlight the need for clear safeguards to prevent potential abuse. The New Zealand Voluntary Euthanasia Society, for example, states that, “The Society’s policy is that euthanasia would be resorted to only at the express wish of the individual, in carefully defined circumstances and with all possible safeguards against abuse. (Parliament would have to be satisfied as to safeguards).” 

    The proposed safeguards in the “Death With Dignity” bill mirror legislation in the Netherlands and the State of Oregon, United States of America where assisted suicide is legal. It is therefore insightful to review the practice of assisted suicide in these two places. Such a review clearly highlights the fact that acceptance of assisted suicide in principle has inevitably led to abuse of apparently strict criteria in practice. 

    The Netherlands Experience 
    While assisted suicide and euthanasia have been commonly practiced for some time in the Netherlands they have only been formally legalized since 2002. There are strict criteria for euthanasia and assisted suicide.

    -          An explicit, voluntary and repeated request from the patient.
    -          The patient is experiencing unbearable suffering. Either psychic 
                [emotional] or ‘physical’ pain can be given as a cause of suffering.
                Terminal illness has never been a requirement for assisted suicide
                in the Netherlands.    
    -          There is a lack of suitable alternatives, that is, all other medical
               options have been exhausted.
    -          There is consultation with at least one other colleague by the
                treating physician. 
    -          The death of the patient by assisted suicide must be reported to  
                the coroner.  

    The 1992 Remmelink Report is an official and important source for understanding the practice of assisted suicide and euthanasia in reality because it provides a contextual and empirical analysis of this practice in the Netherlands. In their analyses of medical decisions concerning the end of life the authors clearly show that people are euthanised without their consent despite these criteria: 

    “In addition to euthanasia and assisted suicide there are also cases in which life is terminated without explicit request of the patient. Our best estimate is that physicians prescribe, supply or administer a drug with the explicit purpose of hastening the end of life without explicit request of the patient in somewhat more than one thousand cases annually [0.8% of all deaths]. In more than half of these cases the decision had been discussed with the patient or the patient had at some time indicated his wish to have the end of life hastened. In several hundreds of cases there was neither discussion with the patient nor a known wish for hastening the end of life.” [Remmelink Report, 1992:194.] 

    Close reading of the Remmelink Report and later studies show that patients in this category were the medically incompetent who were unable to make their wishes known, including a high proportion of women who, as in New Zealand, tend to live longer. While this is very distressing in itself, of equal concern is the fact that in several of these cases of involuntary euthanasia no discussion was held at all prior to the action of killing the patient. 

    “Virtually all cases involved severely ill or terminal patients who clearly suffered seriously and were no longer able to make their wishes known. In several cases there had been no consultation with others (family or relatives, colleagues). In a small number of cases there was no consultation while this would have been possible. There was also a small number of cases where life had been shortened by more than half a year and, in the opinion of the physician, the patient clearly had not yet reached the terminal stage of his illness.” [Remmelink Report, 1992: 194.]

    In 1995 a further study by the same authors of the Remmelink Report revealed that one in five cases of assisted suicide occurred without the patient’s explicit request and in 17% of such cases alternative treatment was clearly available. Many violations of the criteria were evident from these two studies, notable among them, the under-reporting of assisted suicide by physicians. While estimates are variously given between 30-60%, there is clear agreement that under-reporting of assisted suicide and euthanasia is a reality. Regulation has proved to be difficult if not impossible and any force the law may have is in reality muted because the regulations or criteria are not honoured in practice. 

    Assisted suicide or euthanasia is frequently promoted as giving patients more choice in dying but the Netherlands experience has shown that it gives doctors even more power. As physicians Kathleen Foley and Herbert Hendin note, “…legal sanction empowers physicians, not patients. Physicians often suggest death, which compromises the voluntariness of the process; do not present obvious alternatives; ignore patient ambivalence; and even end the lives of patients who have not requested them to do so. Practicing euthanasia appears to encourage physicians to think they know best who should live and who should die, an attitude that leads them to make such decisions without consulting patients.”   [Foley and Hendin, 2002:10.] 

    The practice of assisted suicide has also blocked what can be termed basic palliative care and has led to the underdevelopment of hospice in the Netherlands. Zbigniew Zylicz, one of the few palliative care physicians in the Netherlands, writes about the poor understanding of palliative care, “General practitioners in the Netherlands are well trained in most aspects of family medicine…but these physicians are generalists with only a superficial knowledge of palliative medicine. Their formal training in this field lasts no more than several hours.” While six academic centers for the development of palliative care were set up in 1998, an “unintended consequence of this effort was the marginalization of small, poorly funded hospices.”   [Zylicz, in Foley and Hendin 2002:123.] 

    While there has been considerable development in palliative medicine in recent decades, and while there is increased understanding of pain and symptom management and the psychological and spiritual needs of the dying, these resources are simply not available in any coherent manner in the Netherlands. Inevitably this lack of knowledge impacts on the quality of care given by physicians, as Zylicz, somewhat poignantly, notes: 

    “Many physicians who choose general practice or nursing home medicine in the Netherlands begin as idealists who believe in the possibilities of care. They believe that there are always ways, if not to cure, then at least to comfort and to care. Modern medicine often makes this impossible for young physicians. They do not have enough opportunity to develop caring attitudes. The caseload in general practice is very high. Instead of the anticipatory, proactive, and preventive medicine that is the key to palliative care, they are forced to react to critical situations that could have been avoided. This means that at the end of the day knowledge that should be available is not and problems that are soluble appear not to be so. If you add to this patient’s freedom of choice and the easy option of euthanasia, the choice is often quick and inevitable.” [Zylicz, 142-143.] 

    The reality of the practice of assisted suicide and euthanasia in the Netherlands illustrates the logical inconsistencies involved in allowing for euthanasia in practice. The Netherlands is frequently cited as an example that there would be no abuse providing there are strict guidelines and criteria and safeguards in any legislation. This simply has not been born out in reality. 

    The Oregon experience 
    In 1997 the Supreme Court of the United States of America rejected the claim that there was a constitutional right to assisted suicide. This decision effectively returned the debate over legalization of assisted suicide to individual states. In recent years more than twelve states have rejected assisted suicide and have actually strengthened laws against assisted suicide. 

    The State of Oregon is the exception. Under an Oregon law, that took effect in October 1997, doctors were given the authority to provide [but not administer] a lethal prescription to a terminally ill patient as long as two physicians agreed that the patient had six months or less to live, had voluntarily chosen to die and had the mental capacity to make health related decisions. [United States of America Attorney General, John Ashcroft, has challenged this law and, if successful, will prohibit the use of drugs for assisted suicide.] 

    Unlike the practice in the Netherlands, the guiding belief for assisted suicide in Oregon was not pain and suffering but patient autonomy and choice. In many respects the laws governing the practice of assisted suicide in Oregon encapsulate the strongest arguments in favour of legalisation of assisted suicide, namely, compassion for the suffering patient, respect for the autonomy of the patient, and, the belief that suicide can be a rational act on the part of the patient. [Foley and Hendin, 2002:8]. Consequently it is also insightful to look at the hiatus between this rationale and the practice of assisted suicide in Oregon State. 

    A fundamental difficulty in establishing just how assisted suicide works in practice in Oregon is that the information collected by the state is not open to public scrutiny and neither is there provision for independent evaluation of the data that has been collected. In the five years since the legalization of assisted suicide 129 people from Oregon have ended their lives in this manner. Interestingly, these people are described as well insured, Caucasian, and well educated, compared to other Oregonians who died between 1998 and 2002.   Common reasons given for people wanting to end their lives included “losing autonomy”, “losing control of bodily functions”, and, “a loss of independence.” 

    Under the Oregon law, “when a terminally ill patient makes a request for assisted suicide, physicians are required to point out that palliative care and hospice care are feasible alternatives. They are not required, however, to be knowledgeable about how to relieve either physical or emotional suffering in terminally ill patients. There is no requirement in Oregon for courses in pain management, palliative care, or the evaluation of a suicidal patient for physicians wishing to practice assisted suicide or a certifying exam for physicians who believe they are already qualified.” Clearly, without such knowledge the ability to present feasible alternatives is limited. [Foley and Hendin 2002: 145.] 

    A major cause of suffering for the terminally ill is depression. Estimates put the prevalence of depression in cancer patients alone as being between 20-40%. Such prevalence increases with higher levels of disability, pain, and progression of illness. The presence of progressive disease can both mask depression and simultaneously complicate the diagnosis of depression. Depression, in turn, can mask the spiritual, cultural, and existential causes of suffering for the terminally ill and their family. [McCabe, in Portenoy and Bruera, 1997:283.] That is why medical illness has been estimated as an important factor in 70% of all suicides over the age of 60.   Most suicides and most of those who respond to terminal illness with a desire to hasten death are patients suffering from depression. [Foley and Hendin, 2002:150.] 

    Although a psychiatric evaluation is the standard of care for suicidal patients it is noteworthy that, in Oregon, in 2001, only three of the 21 patients who committed assisted suicide were referred to psychiatrists. Interestingly, in other states in the United States of America such practice is called malpractice because it confirms a patient’s belief that their life is burdensome and is not worth living. Without a proper psychiatric evaluation it is not possible to assess if a patient has impaired judgement and is capable of making an informed decision as required by Oregon law. 

    Another difficulty with the Oregon legislation is that there is no provision for the selection of an independent physician to confirm the “diagnosis, prognosis, and voluntariness of the [patient’s] choice.” The Netherlands experience underscores the fact that such “confirmation” is more often than not likely to be given by a colleague of the primary physician and that his or her evaluation is very “likely to be pro forma.” Such a reality places an additional obstacle to any transparency in the system of reporting by physicians to the Netherlands coroner or to the Oregon Health Division. 

    Conclusion 
    Although official reports on assisted suicide and euthanasia in the Netherlands and Oregon state are criticized for their lack of transparency, and for hiding more than they reveal, they are valuable nevertheless because they clearly highlight the inconsistencies that occur once physician-assisted suicide is legalized.   Inevitably, over time, these inconsistencies compound and lead to even less transparency and greater silence.   The so-called criteria for assisted suicide which are intended to act as a “clear safeguard” against abuse are clearly ineffective. Because the “safeguards” do not work they actually expose the terminally and incurably ill to added isolation and increase their vulnerability. 

    It is naïve to enact legislation in New Zealand, with similar “safeguards”, and think that our experience of assisted suicide would be any different. 

    References: 
    K. Foley and H. Hendin, eds., The Case Against Assisted Suicide For the Right to End-of-Life Care. Baltimore: The Johns Hopkins University Press, 2002.

    R. Portenoy and E. Bruera, eds. Topics in Palliative Care. Volume 1.   New York: Oxford University Press, 1997.

    P J van der Maas, et. Al., Euthanasia and other Medical Decisions Concerning the End of Life [The Remmelink Report] Amsterdam: Elsevier Science Publishers, 1992.  

    See The Nathaniel Centre website : www.nathaniel.org.nz for additional related material on Assisted Suicide/Euthanasia including articles in previous editions of The Nathaniel Report.
    ____________________

    Rev Michael McCabe, PhD
    Director
    The Nathaniel Report

    ©
    2003

     

     

     

  • Michael McCabe 1 April 2003

    When people think about bioethical issues they inevitably bring their own human needs and fears into the process. Without a deeper and more distanced knowledge the only way an individual can respond to the complexities of an issue is through their feelings and emotions. 

    The feature article in which a paraplegic begs that stem cell research be accelerated so that he might walk again seems to provide a simple solution, especially if an embryo from which the stem cells will come is described as ‘less than human, merely a ball of cells’. The image on the television of a person with a chronic illness demanding the legalization of physician-assisted suicide is the vicarious experience, out of which comes the call for a simplistic solution to an issue of great complexity.

    The immediate response to these types of issues is focussed on the individual situation. Issues in medical research, innovative treatment and at the end of life are primarily about the individual. However just as individuals together make up a society, there is a societal dimension to the decisions made by individuals. As biotechnology has advanced over the last fifty years, our understanding of the societal dimension has expanded to include not only those who coexist in time, but those who are yet to exist. 

    The initial problems confronting bioethics were related to medical research and experimentation on human subjects. They were concerned with what happens to people during their lives. With the advent of technology such as the dialysis machine and the ventilator, there came a focus on issues at the end of life; who should have access to technology; to what degree technological intervention was appropriate; and whether a chronically or terminally ill individual had a right to assistance in ending his or her life. Essentially only one generation was involved, and the discussion centred on the issues for individuals and for the co-existing generation. 

    The advent of IVF, however, brought a focus on how human beings come into existence. The use of assisted human reproduction technology has implications not only for the prospective parents but also for the children born by these methods. Because these issues are about bringing the next generation into existence, two generations are involved, which introduces an intergenerational component to the issue. 

    The advent of genetic modification extended the complexity of the societal dimension of bioethical issues. Genetic modification is possible in any life form, so new issues about agriculture, the environment and food became intertwined with issues about the use of genetic modification in animals and in human beings, and between species.   Genetic modification in the form of germ-line therapy alters inheritable characteristics. The potential downstream effect of human use of this technology involves an endless number of generations. 

    Cloning represents a radical shift in the way in which human beings could come into existence. As it requires only one genetic parent, it has implications for not only cloned individuals but also their offspring. Stem cell research, while offering therapeutic possibilities for chronic diseases such as Parkinson’s and Alzheimer’s diseases, creates the dilemma of sacrificing one generation’s right to life for another generation’s prolongation of life. 

    Governments around the world are struggling to create legislative frameworks and structures which will provide ethical oversight and risk management for new biotechnologies, as well as taking into account the societal and intergenerational dimensions of these technologies. Public opinion is in many cases divided about issues raised by new developments in biotechnology. The language of “rights” is being heard increasingly …”the right to have a child”, “the right to a cure”, “the right to grow genetically modified (or organic) crops”, and so on. 

    Arguments based on a right of autonomy or self-determination inevitably ignore the societal implications of the actions the individual is advocating.   However, rights and responsibilities are inextricably linked. Individuals and groups making rights-based claims seldom acknowledge the corresponding responsibilities they have to other individuals and to society. If the word responsibility is used at all, it is often in the context of the responsibility they perceive others have to recognize the “rights” they are claiming. 

    As the euthanasia debate has gathered momentum in New Zealand in recent months, “the right to die” has become a key claim of advocates of physician-assisted suicide. At a shallow level this is yet another of the spurious rights conjured up by those who do not understand the true nature of human rights. At a more sophisticated level the rationale for the so-called “right to die” is based on expanding an entitlement to refuse unwanted life-sustaining treatment into an entitlement to more active assistance from a physician in bringing about death. 

    Rights-based demands for the legalization of assisted suicide rely upon separating the person from the web of personal and societal relationships, which are the context for every human existence. A narrow focus on the exercise of a perceived right places beyond scrutiny all those factors and events which have led to the momentous decision to seek one’s own death. In a personal context, the claimed right to die falsely designates the physician who offers euthanasia as the only suitable “care-giver”, and shuts out all others who might be able to offer more appropriate care. 

    In a societal context there are serious challenges for law-makers and for all who take part in the debate about legalization of assisted suicide. The first challenge lies in recognizing that calls to legalize assisted suicide are strong indicators that there are failures occurring in the care of the chronically and terminally ill. It is these failures that must be responded to, not the rights-based claims of advocates for the legalization.

    A more complex and demanding challenge lies in considering the societal context itself, and its interaction with both the current assisted suicide debate and with any potential legislation.   Advocacy for legalization is generally based on individual cases and plays upon people’s fear of being in the same situation as the cases described. It is inappropriate for law-makers to respond to the issue only at this individual and emotional level. They have a duty of office, which requires that they consider the broader societal context and carry out a more sophisticated and reasoned analysis. There are features of the societal context that need to be considered if the deeper implications and consequences of legislating for assisted suicide are to be understood. These include:

    Demographic trends – An increasing number of elderly people will place pressure on healthcare resources in years to come. 

    Individualism – Personal independence is a highly prized value in our society, with the downside of this being a need to avoid being a “burden” to others. 

    Functionalism – An acceptable quality of life often includes an emphasis on fulfilling a role in society. This inevitably impacts negatively on those who have less ability to function in this way, particularly the elderly and vulnerable.

    Fear of dying – With only limited understanding of the spiritual and emotional growth that occurs in the last stage of life, many people fear a lengthy physical deterioration more than they fear death itself. 

    Individual and communal choices are shaped and reshaped by the prevailing values in a society. Both research and the tenor of the debate for the legalization of assisted suicide suggest that these contextual features are already placing the frail elderly, the chronically ill, the terminally ill, and the severely disabled, under increased pressure, even if it is not voiced, to “do the right thing” and relieve society of a “burden”. If legislation for assisted suicide is put in place, there is a substantial risk that some features of our society will interact with the legislation in a way which means that over time the right to die will become the duty to die. A “free choice” would no longer be a free choice but rather subtle societal coercion. 

    We have begun to recognize that new advances in biotechnology have a societal dimension which cannot be ignored, and that an intergenerational component is involved. By comparison the legalization of assisted suicide is an old debate. There is no new technology involved in assisted suicide (if we can exclude crude homemade “death machines” and plastic bags), but we do have new learning from our experience of the societal dimensions of biotechnology to apply to the debate about the legalization of assisted suicide. The effect such legislation may have for following generations matters, as do the complexities of the societal context into which legalization would enter. 

    In New Zealand we are also moving towards decisions about human assisted reproductive technologies, including the use of pre-implantation genetic diagnosis. The interaction between the decisions we will make about pre-implantation genetic diagnosis and assisted suicide is unpredictable, but potentially does not bode well for those infants born with a disability or a potentially short life span. The Dutch experience, which began with permitting adult euthanasia, has been followed by the emergence of pediatric cases. Acceptance of pediatric euthanasia is now the official policy of the Dutch pediatric and medical associations, and in at least two cases the courts have given no punishment to physicians who have carried out pediatric euthanasia.

    On the inside cover of this journal you will read the story of Nathaniel, a baby after whom the Nathaniel Centre and this journal are named. Accompanying Nathaniel in his seven short weeks of life was a profoundly spiritual experience which changed all those involved, myself included. In a society which chooses to accept pre-implantation diagnosis and euthanasia, would Nathaniel have even been born? And if he had been born, would he have been allowed to live his short but influential life span?

    Rev Michael McCabe, PhD
    Director
    The Nathaniel Centre

    ©
    2003

     

     



    1 Susan M Wolf, “Facing Assisted Suicide and Euthanasia in Children and Adolescents”, in Regulating How We Die, ed. Linda L Emanuel, Harvard University Press 1998.

  • John Kleinsman 1 April 2003

    "I no longer believe that we can get by in a caring society, which is the sort I'd prefer, by behaving as if we're accountable only to ourselves."  
          Rosemary McLeod, (Dominion Post, Thursday 3 April 2003)

    This article highlights some of the broader societal implications associated with the routine use of Preimplantation Genetic Diagnosis – a form of genetic testing – for the express intention of promoting the birth of healthy children.

    Background
    Genetic testing has been used in New Zealand and other countries for many decades. Testing for Phenylketonuria (PKU), a genetic defect that causes severe developmental delay, but able to be controlled by diet, is one example. Ongoing developments, however, have greatly extended the scope of genetic testing.   There is an increased range of tests now available, as well as the capacity to test with ever-increasing accuracy and sensitivity, and to carry out testing at the earliest points on the continuum of human life.

    The promises and benefits of genetic testing are real and immense. They include the ability to more accurately predict and diagnose a greater variety of health problems in individuals and families. At one level, genetic testing can be viewed as simply a more powerful and effective ‘means’ for continuing to do what humans have always done; resisting disease and death and promoting well-being. At a deeper philosophical and cultural level, however, various aspects of genetic testing are having an impact on our attitudes towards such things as parenting and individual diversity. This is particularly so with respect to its use in conjunction with assisted human reproduction. 

    Genetic testing in the area of human reproduction falls into three broad categories. Firstly, prospective parents wanting to know the likelihood of future children having disabilities or diseases, and on the basis of such knowledge, deciding whether or not to have children. Secondly, parents who have already conceived wanting assurance that their foetus is healthy. For this group, the outcome of genetic testing of the foetus (known as pre-natal diagnosis) may involve them in deciding whether or not to abort.   More recent technological innovations now allow for the testing of embryos prior to implantation in the womb – a practice known as Pre-implantation Genetic Diagnosis (PGD) – and this has given rise to a third category. 

    PGD first requires the creation of embryos using standard in vitro fertilisation (IVF) techniques. Then, when an embryo reaches eight cells in its development, and prior to implantation, one or two cells are removed and screened for the presence or absence of particular traits or qualities in order to distinguish certain characteristics such as the presence or absence of disease or other particular features. Some commentators attach the label “Designer Babies” to the children of parents from this group. 

    Catholic teaching insists that IVF is not, of itself, a morally neutral activity.   Of all its objections to IVF, the most serious is that it almost inevitably involves the deliberate creation of extra embryos that will never be implanted. [1] Some estimate that only 2.8% of all IVF embryos undergoing PGD actually result in an established pregnancy. On this matter, Catholic teaching states: “The fruit of human generation from the first moment of existence, that is to say, from the moment the zygote has formed, demands the unconditional respect that is morally due to the human being in his [or her] bodily and spiritual totality.” [2] Therefore, the discarding of embryos, for any reason, is unacceptable. [3] 

    In contrast, another school of thought believes that the result of conception up to a certain number of days cannot yet be considered a personal human life. This group regards early stage embryos as suitable subjects for research and experimentation; while embryos must be treated with a certain respect this does not extend to an absolute right to life and their destruction is seen as permissible if there are potential benefits for society. 

    In debating the use of PGD the Church stresses that there are also other moral issues besides the question of embryo “safety”. As mentioned above, these issues concern, in particular, the direction in which this technology might take us as a society because of its potential to redefine fundamental understandings of parenthood and children, and our acceptance of human diversity. 

    While this article focuses on the ethics of using PGD to ensure healthy embryos, there are other notable applications of the technology. These include the selection of particular embryos not for the sake of their own health, but to help a “relative” (e.g. a seriously ill sibling), and the use of PGD to enable parents to “enhance” their otherwise healthy children by selecting particular traits such as gender, intelligence or longevity. 

    Desirable and Undesirable Children?
    Proponents of PGD employ a variety of arguments. Some view it as a logical extension of the parental duty to promote the health of one’s offspring, a duty now able to be expressed in a much more proactive way at the antenatal level. Embryo selection is thus promoted as an expression of ‘good parenting’. [4] 

    In response it needs to be said that this description masks what is really happening. While ‘promoting health’ and ‘care’ are often synonymous actions, to speak of the ‘discarding’ of some embryos as “parental care” involves the abandoning of the common meaning of this term. Healthcare is, after all, an action predicated in the interests of the subject concerned and there is clearly no benefit for the embryos discarded.   An analogous example of such thinking would be to describe the axing of people from surgical waiting lists as being in the interests of their “health care”. Clearly the health benefits that ensue do not flow through to those taken off the list but to those who find themselves higher up the list! 

    A more honest assessment of how some groups see PGD is contained in the question: ‘To what extent is it permissible to selectively discard embryos when the intention is to prevent chronic conditions requiring prolonged and expensive medical care?’ This question illuminates a key ethical issue previously rendered invisible: to the extent that we are prepared to tolerate such practices, we are simultaneously affirming that it is acceptable to place limits on our willingness to care for those whose life presents as a “burden”. It is around this issue that the ethical debate needs to happen. If it is allowable to limit care for the ‘yet-to-be-born’ on the basis of “burden”, then we are, in principle at least, paving the way for other groups of people perceived to be a “burden” to be treated likewise. 

    A further line of argument sometimes used to justify embryo selection promotes the idea that parents are in fact acting in the best interests of the child who wouldn’t want to be born like this. (In ethics this approach is sometimes termed “substituted judgement”, a valid method for decision making in certain circumstances.) Those who think thus view the rejection of certain embryos as an act of parental responsibility consistent with the duty of protecting children from harm. Michael Herbert and others believe this way of thinking is premised on the view that disability is so bad that a baby is better never being born at all than being born with a disability. [5] 

    Such a views reflects a shallow understanding of what it is to be human, one that judges quality of life according to superficial criteria. Disability advocacy groups constantly remind us: ‘We are more than our genes!’ If, wittingly or unwittingly, we allow genetic makeup to become the overriding determinant for existence who will define the criteria? How will they be defined?   Human dignity becomes susceptible to whatever society values at a particular time and the right to life is contingent on the judgements of others, judgements whose reference point need be nothing more than the subjective likes and dislikes of a society? Furthermore, there is logically nothing to stop us from judging other “conditions” such as mental illness, or even future likelihood of disease as also being undesirable. 

    In the words of the American Bishops: “Carried to an extreme, screening could help shape a nightmarish future, because it conveys precise ability to draw distinctions among people based on their genetic makeup.” [6]   Thus, “the new genetics may actually serve to further the oppression already experienced by those who identify, and are identified, in society as having disability or difference.” [7] In Zimmern’s words: “if PGD is used as a tool to eradicate as many disabilities as possible in society, then it ... discriminate[s] against people with disabilities: those who are already living with disabilities and those potential babies who may have lived very successfully with such disabilities.” [8] In Britain a working party formed in conjunction with the Advisory Committee on Genetic Testing has already admitted “that PGD may inspire a prejudicial climate against children (as well as their parents) with what are perceived to be ‘preventable’ genetic disabilities.” [9] 

    Herbert asserts that the conditions already exist for such a prejudicial climate in as much as Western society has become increasingly supportive of the belief that “in order for meaningful life to exist certain minimum, ‘normal’ criteria must be met. Accordingly, if these arbitrary criteria are not satisfied, then life is just not worth embarking on.” [10]  The belief is upheld by a common perception that there is a negative correlation between being disabled and being happy, that having any sort of disability makes a person ‘worse off’.  

    Challenging such thinking, Harriet McBryde Johnson, lawyer and disability self advocate writes: “Are we ‘worse off’? I don't think so. Not in any meaningful sense. There are too many variables. For those of us with congenital conditions, disability shapes all we are. Those disabled later in life adapt. We take constraints that no one would choose and build rich and satisfying lives within them. We enjoy pleasures other people enjoy, and pleasures peculiarly our own. We have something the world needs.” [11] 

    Mary Jane Owen, is another disability self advocate who vigorously rebuts the idea that life can be judged according to criteria of normality. “Over the years various medical authorities and strangers have suggested they found my various impairments so depressing they would rather be dead than slip into such a body. But I’m about as happy and content with my life as anyone I know. I would not trade my situation with anyone else … We seek better funding for rehabilitation, not a quick fix.” [12] 

    Judging lives accordingly to criteria of normality is inconsistent with the Judaeo-Christian ethic of life and its emphasis on dignity as intrinsic; that is, depending not on whether we are valued by others, nor whether we measure up to some predetermined standard, nor on our ability to be a productive and useful member of society, but based solely on the fact that we are each created by God in the divine image. All human life has equal meaning and value by virtue of the fact that it originates in and from God. 

    From a specifically Judaeo-Christian biblical perspective it can also be argued that routine use of PGD for embryo selection would undermine the “covenantal” nature of families. A covenantal understanding of family highlights that family belonging is, of its nature, unconditional, a reflection of God’s own unconditional love. The selection of certain traits in embryos introduces a “conditional” dimension into their existence: “Children are admitted to a family only if they pass a test, destroying the fabric of an unfolding and expansive familial love.” [13] 

    Brent Waters also suggests that the unconditional quality of the parent-child/community-child relationship is further undermined by the perception that children are “projects to be undertaken”. It has to be admitted that PGD is another step along the continuum that, beginning with modern contraception, has seen parents take progressively more control over child bearing. To the extent that IVF and PGD push us further in the direction of seeing our children more and more as artifacts, as products of conception created by adults and subject to our willful manipulation, then it will become increasingly difficult to dismiss the notion of children as “commodities”. That the term “quality control” (historically associated with the manufacture of consumer products) has been employed by some to describe PGD highlights a widespread concern that this practice will contribute towards children increasingly being seen as commodities. 

    The Christian notion of ‘life as a gift from God’ exists as a significant challenge to the idea that some children are desirable and others undesirable. The broader societal implications of PGD deserve to be debated seriously in any society about to propose legislation in this area.

    The Challenge: Communities of Care
    Medical practice is intimately connected with the relief of suffering in its many forms. For those who insist that suffering is an evil and that it is desirable to eliminate all needless suffering, routine PGD appeals as a logical proactive medical means for preventing apparently meaningless suffering. Yet a significant counter exists to this logic.

    Ethicist Stanley Hauerwas challenges the idea that the primary purpose of medicine is to prevent suffering. He offers a different perspective arguing that medicine's primary purpose is to provide a link between the ‘sick’ and the ‘healthy’. For Hauerwas, good health care is ultimately about enabling humans to live out an “embodied existence”, that is, enhancing the opportunity for persons to be in relationship with others. [14]  His perspective is based on a vision that defines “quality of life” firstly in terms of the quality of human relationships, a perspective that stands in contrast to the view - alluded to above - which holds that for meaningful life to exist certain minimum, ‘normal’ criteria must be met. Consequently, Hauerwas holds that it is the key role of medicine to maintain, rather than sever, a fellowship between the community and those who are suffering.   From this perspective PGD no longer appears as necessarily logical or as the best medical response in the face of human suffering. This approach reflects the Catholic-Christian belief that it is our willingness to care for others, particularly those most vulnerable, which is a defining quality of human nature. 

    Herbert suggests that the problems presented by the birth of a child with a disability may have more to do with society and its collective values than with disability. [15] Mary Jane Owen agrees, arguing, from her own experience, that society’s refusal to see the possibilities for those with disabilities is based upon an undue fear of human fragility and a denial of a shared vulnerability. For Owen, “disabilities are the normal, expected and anticipated outcome of the risks, stresses and strains of the living process itself … an event which takes place for us all,” [16] not something that happens only to an unlucky few. Accordingly, the argument that selective implantation is in the best interests of children ‘who wouldn’t want to be born like this’, may be no more than a projection of the fears of parents and society and their desire not to be burdened.

    The sense that caring for children who are disabled or seriously ill is an intolerable burden may also be influenced, at least in part, by the (perhaps implicit) belief that it is to couples and families alone that the task of nurturing and caring for children falls. In contrast to this, a Catholic-Christian approach to health-care is premised on the view that the ultimate responsibility of caring for those who are vulnerable or sick rests with the community as a whole. In a society where the common experience is one of disconnection from a vibrant community, such an ideal can seem unattainable. It is not surprising that parents lacking a strong sense of connection, in a society that views disability primarily in terms of cost, might see the call to care for the disabled and sick as an overwhelming demand requiring an unreasonable degree of moral heroism. Equally, from a societal perspective, routine embryo selection appears as an attractive way of preventing unnecessary and apparently meaningless suffering for would-be parents. 

    This state of affairs presents an enormous challenge for Christians.   It is incumbent on churches that teach and preach a doctrine of the intrinsic value of life to also take seriously their commitment to build up communities of care. More than anything it is the personal experience of caring communities that will create the conditions for people to be more receptive to a Catholic-Christian position on embryo selection as well as other life issues. This perspective challenges us to assess the morality of PGD in terms of the integrity and choices of our communities rather than merely in terms of private parental choice.

    The converse of this is that the consequences for a society in which PGD was to become more and more the norm for “responsible” human reproduction could well be communities that are less diverse, less tolerant and less caring . Can we afford to take such a huge risk?   Even if such practices are never mandated by legislation, it is not beyond our imagination to envisage a situation where “natural reproduction” becomes actively discouraged. The “stigma” of not being tested and having a child with a disability, in a world where IVF and PGD are readily available, will be so great as to introduce a substantial degree of coercion. As far fetched as this might seem, it is already a reality that mothers-to-be who are beyond a certain age experience tremendous pressure to undergo amniocentesis because of the increased risk of fetal abnormality and the “concern” to avoid the births of babies with such conditions as Down’s Syndrome.   Good legislation around assisted human reproductive practices will seek to anticipate and protect parents from such coercion. 

    Conclusion
    Looked at in isolation the individual case for widely using PGD to promote the birth of healthy children can be compelling. Many regard it as a matter of private choice, a right that needs to be protected by society. The culturally prevalent idea of “procreative liberty” that supports the notion that we should all be free to pursue our individual reproductive choices, ultimately reflects an ethical backdrop characterised by the fragmentation of procreation and child-rearing into a series of discrete tasks mistakenly viewed as unrelated to each other. The advocates of procreative liberty have minimal regard for the unintended cumulative effects of people’s individual choices on the communities in which we live. Indeed, the very framework used to support the philosophy of procreative liberty renders invisible many of the key ethical questions raised in this article.  

    Meanwhile, the Catholic moral tradition and the field of bioethics challenge us to take stock of the broader personal and social implications of PGD, in particular the overall direction in which its practice may – wittingly or unwittingly - be taking us as a society. A Catholic-Christian approach to bioethics causes us to pause and consider in particular the connections between procreation and child rearing. Attention to the bigger picture shows there are very real risks and ethical concerns. PGD and embryo selection have the potential to redefine longstanding assumptions regarding the roles of parenting and families, as well as our attitudes towards health, sickness, disability and diversity. The elimination of disease and suffering is, by itself, far from sufficient as a criterion by which to determine the morality of PGD. 

    Many of the arguments justifying PGD also betray the (severely impoverished) idea that the value of human life can be measured by some arbitrary standard of normality, a view at times “disguised” by the belief that people see themselves as acting in the best interests of the child.   There is real concern that the routine use of PGD will lead to further intolerance of diversity. The rich Gospel based values of inclusiveness, preferential option for the vulnerable, and the richness of diversity, stand as a solid challenge to those who seek to “normalise” the existence of one group based on an intolerance of genetic diversity or disability.

    That said, it needs to be acknowledged that PGD has the potential to help us in the fight against sickness and disease, particularly if medical advances allow genes to be “repaired.” The Catholic-Christian tradition welcomes all medical and technological advances that promote health and alleviate suffering when such advances are not at the expense of fundamental moral values. 

    In summary, while the overriding argument against the practice of PGD from a Catholic perspective relates to the intrinsic dignity of the embryo, deeper reflection suggests the need for strong legislative parameters around the routine use of PGD for the sake of a caring society in which human dignity, health and well-being are upheld and difference and diversity are valued and celebrated. Those responsible for forming legislation in the area of assisted human reproduction must take proper account of the wider context in which persons will exercise their reproductive choices as well as considering the intrinsic worth of human life. 

    Part of the cost of a diverse tolerant and caring society is the recognition that the common good places restrictions on the pursuit of individual free choice in the area of assisted human reproduction. Meanwhile, we are all challenged to recognise our shared vulnerability and to believe that the measure of a society’s health and progress is its willingness to care for the most vulnerable, while actively fostering the growth of genuine “communities of care”. 
    ________________

    John Kleinsman teaches Moral Theology at the Wellington Catholic Education Centre and is also a part time researcher for The Nathaniel centre


    ©
    2003

    [1] See John Paul II. (1995). Evangelium Vitae: The Gospel of Life. Homebush, NSW: St Pauls, n.14.

    [2] Sacred Congregation for the Faith. (1987). Donum Vitae: The Gift of Life. Boston: St. Paul’s Books & Media, Part I no. 1

    [3] See also Catechism of the Catholic Church #2270; Nathaniel Report 5, The Moral Status of the Embryo.

    [4] See Waters, B. (2001). Reproductive Technology. London: Darton, Longman & Todd Ltd., p. 109.

    [5] Herbert, M. (2002). Preimplantation Genetic Diagnosis & Ethics, Chisholm Health Ethics Bulletin (Summer 2002), p.8.  

    [6] U.S. Conference of Catholic Bishops.   (1996). The Promise and Peril of Genetic Screening @   www.usccb.org accessed August 9, 2002.

    [7] Newell, C.   quoted in Gillam, L. (2000). Value Messages in Pre-natal Screening, Otago Bioethics Report 9:1, p. 2.

    [8] Zimmern, R. (1999). Genetic Testing: A Conceptual Exploration. Journal of Medical Ethics 25, p. 151-6.

    [9] Quoted in Waters, B. (2001). Reproductive Technology, p. 106.

    [10] Herbert, M. Preimplantation Genetic Diagnosis & Ethics, p.8.   See also John Paul II. (1995). Evangelium Vitae: The Gospel of Life. Homebush NSW: St Pauls, #14.

    [11] McBryde Johnson, H. (2003). Unspeakable Conversations @ www.nytimes.com, accessed March 19, 2003.

    [12] Owen, Mary Jane, (2000). Calming the Fear and Frenzy: An analysis of Stem Cell Research from a Disability Perspective @ www.senate.gov, accessed March 6, 2003.

    [13] Waters, B. Reproductive Technology, p. 118.

    [14] Hauerwas, S. (1986). Suffering Presence: Theological Reflections on Medicine, the Mentally Handicapped, and the Church. Notre Dame, Indiana: University of Notre Dame Press, pp. 63-83.

    [15] Herbert, M. Preimplantation Genetic Diagnosis and Ethics, p. 8.

    [16] Owen, Mary Jane, Calming the Fear and Frenzy.