Issue Eleven

1 November 2003

Editorial: Anniversaries
A reflection on three significant events - fifty years since the discovery of the three-dimensional structure of DNA, thirty years since the famous Roe v Wade" decision that legalised abortion in the United States, and ten years since the release of the encyclical Veritatis Splendor and the moral connections between these anniversaries.

Gospel Perspectives for an Embodied Spirituality of Care

In November 2003 The Nathaniel Centre held its inaugural health professionals conference entitled "Ethical and Spiritual Issues in Aged Care." This article is an edited version of the keynote address. It investigates various issues of spirituality arising in aged care and challenges caregivers to help the elderly grow in prayerfulness while resisting their social marginalisation. It also emphasises the message of the Christian Gospel as calling for an embodied approach to spirituality.

Submission on Human Assisted Reproductive Technology Bill

The New Zealand parliament is currently considering legislation to regulate the use of Human Assisted Reproductive Technology. This article is a copy of the submission made by the New Zealand Catholic Bishops' Conference and the Nathaniel Centre to the Health Select Committee.
  • Michael McCabe 1 November 2003

    “If charmed by their beauty…let them know how much the Lord of these excels them, since the very Author of beauty has created them.

    And if they have been impressed by their power and energy, let them deduce from these how much mightier is God who has formed them, since through the grandeur and beauty of the creatures we may, by analogy, contemplate their Author.”                        The Book of Wisdom 13: 3-5                      

    The very language we use when talking about celebrating anniversaries provides us with the best clue as to their precise nature. We talk about “remembering” or “recollecting” significant past events. The etymology of these words reminds us that there is much more at stake than simple nostalgia or the desire to recall either joyful or painful emotions. To “re-member” is to put back together. To “re-collect” is to bring together all the parts, to reform and recreate the whole. That is why each year, on a birthday, or wedding anniversary, for example, we take the time to remember both the enthusiastic beginning of a journey as well as the moments of insight that give meaning to any joy, sacrifice, or sorrow along the way.

    While anniversaries give cause for celebration and thanksgiving they also give pause for reflection and fresh insight into the precise nature of the event which is being remembered. Indeed, without memory and reflection there is a real risk, not only of losing our way, but also of missing the miracle of life along the way.

    This year, 2003, marks the fiftieth anniversary since the discovery by Francis Crick and James Watson of the three-dimensional structure of DNA – the chemical substance found in every living cell. This discovery unlocked the mystery of how the DNA molecule carried the genetic blueprint of life as well as how this blueprint is replicated and passed on. Of itself a molecule of DNA is not independent life but rather is the foundational building block of life.

    The discovery of the structure of DNA has, in turn, led to other developments such as DNA profiling – the unique identification of the individual; the mapping of the Human Genome; the reality of improved diagnosis and new possibilities of cure for chronic diseases. Unlocking the mystery of DNA, and the opportunities that this has led to, is undoubtedly part of the splendour of scientific and biological truth. A further splendour is our ability to manipulate DNA, but only ever with a concomitant requirement to do so in ways that are morally and ethically beneficial.

    Even after fifty years our imaginations remain captivated by the wonder of this journey of discovery and the capacity that scientists have for the pursuit of scientific truth. Nevertheless it is both sad and ironical that while we have enhanced our sense of “wonder and reverence” for DNA, there has been an increasing reluctance to show the same reverence for the unique human expression of DNA in the embryo and foetus. This ethical inconsistency does not seem to matter to the many groups in society who take various stands on issues to do with the use of our new genetic knowledge.

    This year further marks the thirtieth anniversary of the 1973 decision made by the Supreme Court of the United States to legalise abortion in its landmark “Roe v Wade” decision. This decision was based on the notion that a woman had a constitutional right to privacy which took precedent over the right to life of the unborn child. In making this decision the Supreme Court Judges were also accepting in principle the notion that an individual’s choice could override any responsibility the State had in protecting the unborn child. Currently, in both the United States of America and in New Zealand, approximately one in four of all pregnancies end in abortion.

    In our own legislation in New Zealand the rationale for legalising abortion was the preservation and promotion of the physical and mental health of the mother. This rationale made the right to life of the embryo or foetus a lesser consideration, which in practice has resulted in the abrogation of this right. Yet research into the effects of abortion is increasingly revealing that the reasoning behind the legislation is flawed.

    Rather than abortion preserving and promoting the physical and mental health of the mother, research has highlighted the serious physical, spiritual and psychological harm that results for women from abortion. Such harm is readily acknowledged by those who are actively involved in providing abortions. For example, Dr Christine Forster, former Chairwoman of the New Zealand Supervisory Committee has stated: “Every woman I have seen who has had a termination has a difficult time subsequently. They have a grief process and sorting out time to go through. It certainly doesn’t leave them unmarked and I have never met a woman who has had one who would want to go through it again of her own free will.”

    It has long been known that the manner in which the father responds to the news of his partner’s pregnancy has an enormous effect on her decision to keep or abort the baby. More recently there has been a growing awareness of the long-term effects of abortion on the child’s father. Research shows that the pain and remorse that some men carry upon learning of their child’s abortion is as profound as that experienced by their partner.

    The sad reality is that the legacy of abortion on demand not only destroys the life of the unborn child, it also adversely affects both women and men. It is this truth which charts the course to true freedom in this area, not legislation which offers little restriction on abortion. This relationship between truth and freedom is something that has long occupied the attention of Pope John Paul II, most notably in his encyclical letter Veritatis Splendor – The Splendor of Truth.

    The year 2003 also marks a lesser-known anniversary, namely, the tenth year since Pope John Paul II published this important encyclical letter. In it he speaks about truth as enlightening and shaping our intellect while simultaneously guiding our actions and search for God. Truth is like a prism which helps us to rejoice in the developments of science and knowledge, and in the capacity that men and women have for wisdom. Truth also exists to orient the pilgrim in his or her search for understanding questions which are of ultimate significance.

    Veritatis Splendor emphasises that real freedom only comes about when we make choices that are in conformity with the deepest truths about what brings lasting human fulfilment. In our Catholic moral tradition we call upon various sources of wisdom as a means of being able to reference our personal and communal choices.

    Without these reference points, and unless we take the opportunities to “re-member” and “re-collect”, many of the deeper moral and ethical insights that are so essential to the discovery of truth and freedom give way to immediacy so that pragmatism becomes the only source of ethical wisdom. Pope John Paul II describes such a scenario as the “complete sovereignty of human reason” above all else. Frequently this is because reason has been separated from the collective memory and other traditional fonts of wisdom. When this is combined with an overemphasis on individualism then personal autonomy inevitably comes to be seen as the ultimate expression of human freedom.

    In our growth in wisdom and in our search for truth and freedom the celebration of an anniversary is a profound gift. Not only does it provide a natural time to reflect on the questions that matter most in our lives, it also provides the impetus to allow the truth greater reign and scope within our hearts as we contemplate the ultimate meaning of things.

    The discovery of the structure of DNA has helped us recognise the deeper truth and mystery in the beauty of life. May the anniversary of this wonderful discovery lead us to contemplate even more deeply our links with the Author of life and also strengthen our ability and desire to live by them. 
     
    Rev Michael McCabe, PhD
    Director
    The Nathaniel Centre
    ©
    2003

     

  • Ann-Marie Harvey rsm 1 November 2003

    “Why do we need God for ethics, for the work of humanisation? Do not unbelievers do some things better?” [1] 

    Introduction
    This address investigates issues of spirituality that arise in aged care and it invites participants at this conference to examine ways whereby people in the third age not only grow in prayerfulness, but also in resistance to social marginalisation and diminishment. [2] Just as ethics is the link between the mystical and the prophetic life of Christians, so an embodied spirituality of care offers a humanising link between an ethics of care and an ethics of justice. Three perspectives of God’s word at work in the world are discussed: fullness of life in a wounded world, a gospel reflection on “The Woman with the Ointment”, and a critique of ideology .

    In John’s gospel, there is a moment when some of Jesus’ followers were put off by his claims and they ceased to be his disciples. Jesus asked of the Twelve, “Will you also go away?” Simon Peter readily answers, “Lord, to whom shall we go? You have the words of eternal life, you are the Holy one of God” (Jn 6:67-68). This was a pivotal moment of conversion and commitment whereby Peter’s confession of faith disclosed that Jesus reveals God’s truth. For 2000 years, belief in Jesus has given rise to countless ministries and agencies of care, including aged care. All health care professionals associated with aged care continue Jesus’ ministry as bearers of a wonderful “serving love” [3] that benefits the older person, their families and the wider community.

    On the other hand, the American ethicist Richard McCormick argues that with the secularisation of medicine there can be a divorce from values that motivate a service-orientated profession. The move towards “medicine as a business”, causes many health professionals to regret the loss of the emotional and spiritual side of care in the interest of making money. People sense when professionals “don’t care as much as they used to”, or when the patient-carer relationship is reduced to viewing the patient as “the means” to further a “financial end”. McCormick believes that a spirituality of care rejects a creeping utilitarianism in health care that only gives support and protection on the basis of peoples’ ability to function, or because they add value to a consumer-based society. [4]

    Within the context of human experience of elderly people it is important to consider the spiritual dimension of life. In a recent science programme in Australia claims were made that spirituality adds another five years to a person’s life. Even The Lancet has asserted that despite spirituality being the “forgotten factor” of contemporary medicine it is still relevant, and the authors hope that spirituality will be introduced into the curricula of medical studies. [5] Some may ask, “But why?” “What attributes is science discovering in the ‘forgotten factor’ of spirituality?”

    It is well established that each significant encounter with illness or ageing generates new questions on the part of the person about the meaning of his/her new life situation and about the reality of death. And it is also well established that an active spiritual life equips people to deal with new situations. Many thinkers and writers have recorded aspects of their spiritual journey in the third age; for example, the novelist Morris West at eighty penned his thoughts as an ageing pilgrim in A View from the Ridge: 

    “I feel like a climber who, after a long and arduous ascent, has reached the high ridge of the range and now pauses to draw breath and get his courage up for the last stage of the journey. When I look back...I wonder why I have been spared to stand in this high place and contemplate my yesterdays. I am surprised that the moment is so calm. ...I cannot even stay here in the momentary, windless calm of this high place. The pilgrimage is not over yet. Before me the land falls steeply into a dark valley, beyond which I think I see - the lights of the city which is the goal of my pilgrimage. ...I am not afraid...I have accepted to trust that the city exists, that the lights are real and that what awaits the pilgrim is a homecoming. ...I am also familiar with the tears and the terrors of human life. ...On the other hand, the older I get the more I am confirmed in the conviction that all the saving graces in our lives are delivered to us in random moments of simple revelation: the smile of a sleeping child, [or in] the lined face of an old grandmother dozing in the sun. Yet, I am sure that…the living God is made flesh and dwells among us in our daily experience.” [6] 

    West’s view of the reality of life in the third age replaces negative images of ageing with images of wholeness. Spiritual growth in the older person can be a response to the reality of God’s presence in life, where God is known in the deepest dimensions of all experience and concerns. When this process is shared with companions who are willing to talk about God, prayer, and discernment, older people feel empowered to express their own spiritual legacy within the wider community. Such conversations bring to the fore difficult and painful experiences, but they also help the elderly to reclaim life-giving images of newness akin to re-birth or to the yeasting of bread. [7]

    Holistic medicine has heightened our awareness of the physical, bodily aspect of care and gives greater attention to the whole person. Similar developments have emerged in psychology and psychosynthesis which have enriched forms of Christian spirituality through a renewed respect for the body, such as that expressed in the gentle, healing touch of Jesus of Nazareth. [8]

    This conference confirms that health care is a bold assertion that Jesus Christ is part of the answer to questions surrounding care in the third age. Yet, in 2003, “Can we claim that Jesus Christ is the answer to questions concerning the frailties and vulnerabilities of older people?” For believers, the gospel way of living has always been a quest towards new ways of being that seek to humanise society. This way of living constantly raises new questions: “Why is spirituality the ‘forgotten factor’ in health care?” “ Why do we need God for ethics, for the work of humanisation? Do not unbelievers do some things better?” [9] 

    Fullness of life in a wounded world
    In the gospels we are reminded that wherever people are overwhelmed by vulnerability, Christians must ask, “Where do we find God’s abundant and extravagant fullness of life?” Such reflections find that God is at work in the tension between suffering and liberation, so that, little by little God’s saving love makes present a sense of wholeness and healing. [10]

    A spirituality of care is based on the revolutionary vision of human life that is anticipated in God’s promised kingdom which forms the basis of resistance against all forms of evil, and it raises questions about the transformation of spiritual and moral values in the social order. It implies a ministry of care informed by a deep perception of God at work in society and a social awareness that enables people to move towards greater freedom and wholeness. In aged care, spirituality lifts the level of self-awareness and clarifies aspects of life that may otherwise be overlooked, such as the authority of an individual’s spiritual experience. As older people struggle for full humanity and personhood they add new meaning to the Christian tradition. On the other hand, often they know only the pain of separateness, anxiety, fear and the loss of “voice” as they struggle for the survival of their inner self and values. Thus, they must learn again to speak, starting with “I”, starting with “me”. Starting as the infant does with its own hunger and pleasure and rage. [11]

    If the older person’s experience becomes fragile or is allowed to be buried beneath layers of institutional and traditional interpretations, then they need the ear of a skilled and imaginative listener. Imagination knows the language of mystery and the sacred symbols and images that convey meaning even before we use words or refine our reasoning. Thus, storytelling offers a spontaneous way to name human experience. This honoured and ancient tool preserves a rich variety of experiences that are significant to the storyteller who begins with “Listen”... or “My life is... or “I feel like”. Through the process of listening and imagination the elderly are encouraged to befriend their own self-image in the third age even though at times they may feel like “a broken doll”, or “in a black hole”. [12]

    Older people possess latent knowledge and often yearn for listeners to help them articulate the knowledge they carry. The opportunity to speak is also a way of recognising the spiritual dimension of the self. Through listeners, people learn to shape their questions, insights, and desires and in return they offer prayer, love, affirmation and affection to or for others. The third age of life is a new stage of growth and spiritual development which society can easily crush or deny. Alternatively, by attending to the person’s inner truth the carer can encourage a spiritual newness and tap into a strength that enables people to move towards greater inner freedom that transforms not only their own life but the lives of others, including the carer.

    It is not uncommon in a culture of “having” rather than a culture of “being” that those in aged care develop symptoms of powerlessness, depression, and low self-esteem. [13] Some theorists locate all personal problems in the individual, but this approach often ends up blaming the victim. If the focus is on the social context, then analysis differentiates internal and external sources of diminishment. Analysis names that which marginalises the elderly and that which reduces them to total dependence by denying them the right to full participation in society. On the other hand, through insightful and imaginative guides, carers may have a change of heart and expand the range of choices available to those in residential institutions. Another function of imagination is memory, as Jesus said about the woman with the ointment, “What she has done will be remembered”. Through imaginative companions and collective stories the elderly maintain connections with their own life story, with precious memories, and with the wider human family.

    Within an organic worldview none of us is totally free to choose relationships, but rather the human self emerges from within a complex of relationships. Saint Paul insists that we are all part of one body, even those parts of the body which seem to be weaker are not indispensable. God has composed the human body so that all the parts receive the same care from one another. If one part of the body suffers, all suffer together. If one part is honoured, all rejoice together. [14] Scripture adds that within the community, it is God who initiates the appointment of healers, helpers and administrators to care for diverse needs in society and to advocate for the rights of the weak as well as the strong.

    Yet, a major critique of Christianity is that it leads older people to believe that their place in life is one of suffering and submission. Such attitudes blind them from recognising and naming oppression in their lives. The cross of Christ is one of those symbols frequently misused. The meaning of the cross changes over the lifetime of a Christian. An older woman in a nursing home who has experienced multiple losses over which she has no control relates differently to the cross of Christ than a younger person. Another may have internalised traditional interpretations of religious art in unhelpful ways, believing that it is necessary to endure pain, humiliation, and violation of one’s rights in order to receive God’s promise of resurrection. Others may view the cross, as a call to be courageous and struggle for liberation that does not glorify suffering. In aged care, the gospel comes alive most fully among those who struggle for a climate of mutuality that is open to dialogue so that hope for a fullness of life is lived out by communities who “choose life” in the face of death-dealing powers.

    Jesus of Nazareth called his followers to a change of heart, to a conversion of life-style and openness to God’s transforming power. His words brought fragments of heaven to earth when he told his disciples to “Go and tell”…“what you have seen and heard: the blind receive their sight, the lame walk, lepers are cleansed, and the deaf hear, the dead are raised up, the poor have good news preached to them” (Lk 7:22). Jesus called for a new way of being in the world, so that God’s redeeming action can take place right now among the so-called difficult and marginalised people in the third age. Older people need to speak out against structures that dominate and demand submission to organisational necessity, which raises the question: “How does the spirit of Jesus guide our ethics of care?” 
    Gospel reflection: “The Woman with the Ointment” [15]
    In the quest for an embodied spirituality that links an ethics of care with an ethics of justice let us consider the well-known scene in the New Testament i.e. The Woman with the Ointment. [16] This is a story of role reversal. Jesus has not long to live. An unnamed but historical woman ignores cultural conventions. Unperturbed she anoints Jesus with a tenderness and love that express her care for him. Jesus the “giver” of life becomes a “receiver”; his co-operation established a model of mutual relationships. He commissioned his disciples to “Go and tell” what they had seen.

    The woman enters Simon’s house and pours precious oil on Jesus. Through her “serving love”, this woman’s dramatic act was a critique of prevailing structures and attitudes. Jesus sat at the supper table, an event that excluded women except as hostesses. But this woman walked straight into the group of men dining with Simon. In the house of a leper touching was taboo. Yet, in Simon’s house the woman touches Jesus. The gesture of touch establishes a physical intimacy with Jesus who will soon be led away to his death.

    The woman was neither calculating nor worried. She gave all she had, but she suffered the indignation of the other guests who tried to send her away. The woman pays no attention, completely absorbed in what she is doing. Her “serving love” and “solidarity” with the mission of Jesus was a political statement. Her act was extremely extravagant and a catalyst for change. As the woman poured the oil, she set herself free from social and cultural constraints and liberated Jesus for his mission.

    During the feast Judas grumbles that the oil should be for the poor! Jesus responds “the poor are always with us” and that “by pouring oil on my body she has prepared me for death”. By anointing Jesus’ body this woman treats the one who will soon be executed like a king. The woman’s act of anointing celebrates Jesus’ life in the face of his death; wordlessly and extravagantly she expresses her love for him and at the same time gives great value to human life.

    In a world where economic rationalism has turned caring for the aged into a business this woman’s useless, self-forgetful actions in which being and doing become one show a lack of concern about cultural niceties and offer instead a humanising view of life. The woman did not ask about the cost of the oil, what reward this act would bring her, or about what effect the anointing would have. In fact, her mystical and prophetic love crossed the border of caution, prudence and concern for self-esteem, nor did she abandon her life-giving deed for the sake of a purpose-orientated rationalism. [17]

    Jesus saw his anointing as preparation for his forthcoming mission, suffering and death. His statement “you will not always have me with you” shows him to be acutely conscious of the shortness of time left for him. At the same time he highlights the significance of the woman’s public, prophetic, and subversive act that not only liberated the woman from the law, but also set Jesus free to complete God’s mission. Jesus responded to her care by telling his disciples to “Go and tell” what they had seen: “Wherever this good news is proclaimed in the whole world, what she has done will be told in remembrance of her” (Matt 26:13).

    For McCormick, care and trust include a movement of “giving and receiving”. At the beginning of life and at the end of life “receiving” predominates over and even excludes giving. But the value of human life does not depend only on our capacity to give. Love is an attitude to other human beings independent of their particular characteristics. Love extends to the helpless and hopeless, to those who have no value in their own eyes and seemingly none for society. Such love is costly and easily destroyed. In the “giver” it demands unlimited caring, in the “recipient” it requires absolute trust. [18] 

    A critique of ideology
    The starting point for a spirituality of care is not so much preserving good “order” in society, but expressing indignation over human beings being hurt through a lack of order in our hearts and in the wider community. The threat to the well being of humanity leads to indignation and raises the question “What kind of humanity do we want?” It becomes an ethical challenge arising here and now amidst negative experiences of unhappiness and injustice. [19]

    Although we do not need God as a direct foundation for our ethical decision-making and actions, this does not exclude God from ethical life. There is an intrinsic connection between ethics and Christian spirituality. Christian ethics arise out of experiences of faith, hope and love of God, which we reflect in our lives and actions. Unless Christians take into consideration the relationship of Jesus to God, Jesus’ liberating life never leads us to an understanding of who Christ, the “anointed one of God” is, nor what God desires for humanity. [20] Through belief in God’s Gospel, Christians stand in a critical relationship to the prevailing culture. When they ask, “What can we do?” [21] they provoke reflection that leads to an ethics of care based on mutual relationships and an ethics of justice informed by philosophical principles that offer personal freedom. [22]

    For Schillebeeckx, ethics without spirituality can become “graceless”, so that there can be ethics without the element of love which is necessary to bring about human happiness. Without spirituality informed by the Gospel, ethics may foster revenge or retribution. Too often, religions distort the name of God and their ethics embitter people by diminishing human worth and happiness. [23] From a Christian viewpoint, “ethics need a God who as the ultimate source of all ethics is more than ethics” such a God prevents people from delivering themselves into the hands of false prophets. [24]

    Christians have a duty to further truth and justice in the world. Through their spiritual, critical and ethical way of life they keep alive in the heart of humanity the will to form society into a place which is good for young and old. While the world we live in is precious to the heart of Christians, Christians cannot be taken over by the marketplace. The churches must be active in politics by asking the question “What kind of humanity do we want?” What we need is responsible argumentation that is open to discussion. Yet, we cannot preserve unity of thought and expression at the expense of the Gospel. [25]

    One way to achieve a balance between understanding and action is to move beyond theory towards “reflection gatherings” that are impassioned by the belief that the gospel is an instruction for contemplation and action. Various forms of “reflection gatherings” allow God’s gospel to be known and proclaimed in health care, in local communities and in the wider society. Ethics are the product of a human process. There is no revelation direct from God. God does not say “This is ethically permitted or forbidden”.   It is human beings who reflect on their experience and decide what is good for people. [26] Today, being sent as God’s witnesses necessitates an active political response: “What can we do?”

    “Reflection gatherings” attract health care staff, supporters and the elderly to regular meetings. Like the original Christian communities such gatherings are the result of active co-operation of ordinary people engaged in a mutual quest for truth. A shared leadership allows participants to put forward suggestions on the basis of new information gained through reflection. Such gatherings enable professionals, family members, volunteers, chaplains and the elderly to analyse the present situation and to point out possible social and cultural activities to bring about life-giving change in the lives of people in care. The greatest risk surrounding “reflective gatherings” is that sceptics, who, in arguing from a purely utilitarian or functional position, consider such activities to be a waste of time and seek to undermine them.

    Ideally, an embodied spirituality of aged care liberates the whole community to search for comprehensive programmes and processes which promote policies that better educate and prepare people in the first and second stage of life to deal with the questions surrounding the third age. If people are encouraged to live healthier, happier lives, then maybe they will be able to stay at home and age in their own place with minimal reliance on children and extended family. Families are a social investment that cost parents dearly in the early years, but by planning for the three phases of life including the spiritual dimension, they have the potential to deliver exceptional returns at the other end of life.

    As we struggle to fashion a better quality of aged care we cannot dismiss democratic processes. Instead, we must engage the imagination of multigenerational communities of care to resist political forces, including the media, which play along with the state machinery and shape public consciousness on how care of the elderly is to be given. Within “reflection gatherings”, spirituality and shared vision offer a model of care that seeks a fullness of life wherever marginalisation and injustice exist. We become fully Christian as the whole community grows into a movement of spirituality and resistance, that is, into the body of Christ. [27] 

    Conclusion
    This address proposes that God’s Gospel is the source of an embodied spirituality of care that offers a humanising link between an ethics of care and an ethics of justice. In answer to the question, Why do we need God for ethics, for the work of humanisation? Do not unbelievers do some things better?” [28] w e have considered perspectives of aged care through: Morris West’s testimony of being an aged pilgrim; Jesus of Nazareth’s reception of anointment by the unknown woman; and an ethics of care that promotes “reflection gatherings”.

    We are invited during this conference to view spirituality of care through the perspective of God’s eyes, to listen and hear with God’s ears, to name oppression, diminishment and marginalisation in all its forms; [29] to set free the power of faith experiences and the gift of bodiliness by empowering older people to live in multigenerational communities and to resist dehumanising forces that seek to undermine God’s vision for them.

    Health care professionals discover God’s liberating word in questions raised from what is heard and seen in the suburbs, in people’s lives and homes, and in the hospice or rest home. Such perspectives grow out of human stories that make social victims visible. Within an ethics of care and an ethics of justice attentive to human need, carers engage in a second step, analysis, which asks who among the elderly are excluded from social and economic well-being in the community. A third step brings into play a liberating embodied spirituality formed through personal experience and prayer, which becomes self-critical through knowledge of Catholic and Protestant traditions as well as other faiths and cultures. Finally, a renewed praxis promotes “reflective gatherings”, whereby the elderly and marginalised are the teachers. What they say and do humanises us.

    This article is an edited version of the keynote address given by the author at “Ethical and Spiritual Issues in Aged Care” the inaugural Health Professionals Conference organised by The Nathaniel Centre and held in Wellington on 7/8 November 2003.

    Ann-Marie Harvey PhD rsm is a lecturer who has taught Health Care Ethics and Theology at Australian Catholic University, Queensland. In 2004 she takes up a teaching position with the Wellington Catholic Education Centre.

    ©
    2003


    [1] Schillebeeckx , E. On Christian Faith: the Spiritual, Ethical and Political Dimensions, translated by J. Bowden. N.Y.: Crossroad (1987), 50. See also Evangelium Vitae , n. 101 “The Gospel of life is not for believers alone: it is for everyone”.

    [2] Honings, B. “The Church and the Ethical and Cultural Challenge of the Marginalisation of the Elderly Person”. Chalon et. al., eds. Dolentium Hominum (Journal of the Pontifical Council for Pastoral Assistance to Health Care Workers), Proceedings of the XIII International Conference-The Church and the Elderly 40, 1 (1999), 85.

    [3] Schillebeeckx, E. Church: the Human Story of God, translated by John Bowden. N.Y.:Crossroad (1990), 218.

    [4] McCormick, R. “Value Variables in the Health-Care Reform Debate”, in America 168, 19 (1993), 7-13.

    [5] See reference to The Lancet in M. Petrini, “The Elderly Facing Death” in C. Chalon et. al., eds. Dolentium Hominum 40, 1 (1999) 92.

    [6] West, M. A View from the Ridge: The Testimony of a Pilgrim. N.S.W.: HarperCollins (1996), 1-3.

    [7] Fischer, K. Women at the Well: Feminist Perspectives on Spiritual Direction. N.Y.: Paulist (1988), 195-215.

    [8] Hay, D. and Hammond, J. “When You Pray, Go to Your Private Room” in British Journal of Religious Education (1991-2), 146-7.

    [9] See Schillebeeckx, E. On Christian Faith (1987), 50.

    [10] Soelle, D. Window of Vulnerability: A Political Spirituality, translated by L. Maloney. Minneapolis: Fortress (1990), 20.

    [11] Piercy, M. “Unlearning to Not Speak” (poem) in To Be of Use. N. Y.: Doubleday (1977), 38.  

    [12] Fischer, K. (1988), 11.

    [13] McCormick, R. in America 168, 19 (1993), 11.

    [14] For just as the body is one and has many members, all the members of the body, though many, are all one body, so it is with Christ (Cor 1:12).

    [15] Soelle, D. et al., in Great Women of the Bible: in Art and Literature. Grand Rapids, Michigan: Eeardmans (1994), 262-267.

    [16] The Gospel accounts of this narrative differ widely and are open to different interpretations. I approach this narrative not as a scripture scholar but from the perspective of theology and an ethics of care.

    [17] Soelle, D. et al., in Great Women of the Bible (1994), 264.

    [18] McCormick, R. supports an Anglican group’s affirmation of “giving and receiving” May (1993), 11.

    [19] Schillebeeckx, E. On Christian Faith (1987), 82.

    [20] Schillebeeckx, E. On Christian Faith (1987), 13.

    [21] Soelle, D. Political Theology (1974), viii.

    [22] Van Den Broek, K. “A Critical Look at Ethics of Care”, in L. Shotton, ed. Health Care Law and Ethics. Katoomba: Social Science Press (1997), 201-221.

    [23] Schillebeeckx, E. On Christian Faith (1987), 54.

    [24] Schillebeeckx, E. On Christian Faith (1987), 53.

    [25] Schillebeeckx, E. On Christian Faith (1987), 80.

    [26] Schillebeeckx, E. I Am a Happy Theologian, translated by J. Bowden, London: SCM Press (1994), 70.

    [27] Soelle, D. Against the Wind, translated by B. and M. Rumscheit. Minneapolis: Augsberg Fortress (1999), 99.

    [28] See n. 9.

    [29] Buber, M. Ecstatic Confessions, ed., Paul Mendes-Flohr, translated by Esther Cameron.   San Francisco: Harper & Row (1985), 63.  

  • NZ Catholic Bishops' Conference and The Nathaniel Centre 1 November 2003

    Background
    The New Zealand parliament is currently considering legislation to regulate the use of Human Assisted Reproductive Technology. Attempts to establish legislation in this area go back to 1996 when the Labour member Dianne Yates first introduced the Human Assisted Reproductive Technology Bill. This was followed by the Assisted Reproduction Bill, tabled by Doug Graham in late 1998. Both Bills have never progressed beyond the Select Committee stage. In April 2003 Lianne Dalziel introduced draft legislation in the form of a Supplementary Order Paper (SOP). The SOP effectively makes amendments to the 1996 HART Bill. 

    The purpose of the legislation is to provide processes for decisions about the use of assisted human reproduction procedures and associated research, to prohibit certain practices and to establish a process for donor offspring to access information about their genetic origins. 

    It is expected that the Select Committee will report back to parliament in February 2004. 

    Submission on behalf of the New Zealand Catholic Bishops Conference And The Nathaniel Centre – The New Zealand Catholic Bioethics Centre 

    Introduction
    We welcome this opportunity to present a joint submission on The Supplementary Order Paper – Human Assisted Reproductive Technology Bill 2003. The New Zealand Catholic Bishops Conference speaks on behalf of the Catholic Church in New Zealand. The Nathaniel Centre – The New Zealand Catholic Bioethics Centre is an agency of the Bishops Conference. Its role is to address bioethical and biotechnology issues on behalf of the Catholic Church in New Zealand. 

    1.       Developments in the field of reproductive technologies, and the opportunities derived from them, raise deep and important questions about the beginning of life. 

    2.       From the moment of fertilisation an embryo “is already the human being it will always be and will only grow in size and complexity.”   In other words, there is no threshold that embryos cross to become human – there is rather a continuity to human existence. This belief lies at the heart of Catholic attitudes and responses to the use of artificial human reproductive technologies. 

    3.       In acknowledging that a new human life begins at fertilisation we are also committing ourselves to providing for that unique individual the same safeguards and rights which furnish a necessary shelter within which we can develop our full human potential.

    4.       The Catholic Church believes that the use of assisted reproductive technology is only acceptable between a husband and a wife in very specific circumstances which assist the natural processes of reproduction and do not pose undue risks for parent or child. Meeting the needs of couples who are infertile is by itself not sufficient as a criterion for evaluating the use of particular technologies. 

    5.       Technology is morally neutral. We recognise and welcome the remarkable advances in science and technology that contribute to improving the welfare of humanity and the world in which we live. Failure to embrace such developments, both now and in the future, would represent a moral failure in terms of our responsibility and stewardship for current society and for generations to come. At the same time, many of the developments have the potential for adverse effects - for society as a whole, as well as for individuals and certain groups of individuals.

    6.       A proper assessment of the uses of reproductive technology goes beyond “physical” risks and includes a consideration of the ethical, cultural, social and spiritual dimensions of our human nature.

    7.       We are particularly concerned about a trend within New Zealand to focus ethical debate only on the question of whether free and informed consent has been given. An over emphasis on the importance of consent, together with an over emphasis on the rights of adults, can mean that deeper ethical considerations are left unaddressed.

    8.       Our society is characterised by religious and moral pluralism. In order to bring together the various voices in the debate on human reproduction, a framework is required that offers stable reference points that can be accepted by all, independent of any particular faith or religious perspective.
    We make the following specific points in relation to the proposed amendments to the Human Assisted Reproductive Technology Bill: 

    Part 1AA  Preliminary Provisions 

    Section 3; Purposes


    9.       We believe that, in addition to the purposes listed, it should be a stated intention of the HART Bill to establish the mechanisms for ensuring that appropriate public discussion and consultation are held with respect to guidelines relating to new issues.

    Section 4; Principles

    10. We commend the use of principles in the Supplementary Order Paper (SOP) as helping to establish an essential framework for decision making in the area of human assisted reproductive technologies. We make the following observations concerning the SOP principles.

    11. 4(b) “Human health, safety, and dignity …”   Human health and safety are an expression of the innate dignity of the human person. We wish to see human dignity set down as a principle in its own right. [See paragraph below.]

    4(c) “ … to make an informed choice to submit or to refuse to submit to the procedure or the research …”   The use of the word “submit” suggests coercion and paternalism.   This is unhelpful.  

    4(d) “Donor offspring should be made aware of the genetic origins …”  
    Knowledge of genetic origins is an entitlement and not an option. We support the intent of the proposed legislation for clear records to be kept. 

    12. We see that the principles set out in the SOP are incomplete, and recommend they be supplemented by the following general principles.   Many people, regardless of religious perspective, commonly accept these principles .   They are:

    a)      Respect for the Intrinsic Dignity of Human Life.  
    By the term “intrinsic” we mean rights that exist quite apart from, and unrelated to, the circumstances of an individual’s conception and birth or their ability to function.

    b)      Promotion of Human Health and Safety.  
    This principle is very often described in terms of the bioethical principles of beneficence and nonmaleficence. Beneficence highlights the positive obligation we have to advance the healthcare interests and welfare of others. The principle of nonmaleficence imposes the obligation not to harm a person or persons intentionally or directly.

          [These two principles a) and b) would replace principle 4 b) of the SOP.]

    c)       Protection of the Vulnerable 

    This calls for a recognition of those whose rights may be infringed or who may be exploited, especially those who cannot defend or speak for themselves.

    d)      Balancing of Individual and Collective Interests
    The notion that the common good of society will place restrictions on the pursuit of individual choices is a general principle that applies to the area of human reproduction as much as to other areas of society. This involves consideration of, and due respect for, the ethical, spiritual and cultural perspectives of Māori as well as all other groups.

    e)      The Non-commercialisation of Human Reproduction
    The starting point for Catholic-Christian discussions about human reproduction is the traditional, hallowed, philosophical and religious understanding of life as a sacred gift; ultimately a gift from God but also a testimony of the generous giving of spouses.   The metaphor of life as “gift” proscribes any commercialisation of human reproduction.

    f)         Acceptance of Human and Material Limits  
    This principle highlights the challenge of balancing access to services with responsible stewardship of goods and services.

    13. Taken together with those set out in the SOP, we believe that these principles form a framework that will ensure the dignity and well being of human life are upheld, and the rights of individuals and the common good of society are balanced in a just and equitable way.  

    14. We note and strongly support the principle that all persons exercising powers or performing functions under the Act should hold the health and well-being of children born as a result of the performance of an assisted reproductive procedure to be paramount in all decisions.

    15. The test of commitment to these principles is whether they can be translated into effective procedures, guaranteed under the Act, that ensure the ethical, spiritual, and cultural dimensions will be properly considered and respected. We see this as occurring, among other ways, through widespread and ongoing public consultation on key issues. 

    Part 1 Prohibited and Regulated Activities

    Subpart 1 – Prohibited actions 

    Section 7; Prohibited actions 

    16. With respect to Schedule 1, we support all of the prohibitions set out in the SOP.

    i.    Human cloning for reproductive purposes (producing children
          genetically identical to the cell donor).

    ii.   Creation of Human/non-human hybrid embryos for reproductive
          purposes

    iii.  The implantation of animal and hybrid embryos or foetuses into humans

    iv.  The implantation of human and hybrid embryos or foetuses into
          animals 

    17. We note with extreme concern that the proposed legislation would allow research on so-called “spare” embryos from IVF procedures and that it would also allow the creation of embryos for purposes of research (either by way of IVF or by way of “therapeutic cloning”).   This is inconsistent with the principle of preserving and promoting human dignity as stated in section 4(b) of the SOP.

    18. We strongly contend that germline genetic alteration needs to be included as a prohibited activity.   The best opinions on this matter point to the fact that germ-line genetic alteration is both unsafe and impractical at this time, as well as having unknown consequences for subsequent generations. We acknowledge that the intention of germ-line genetic alteration is to affect patterns of genetically based diseases. However, we believe that the burden of proof regarding safety of such practices needs to remain with those who would advocate the use of such practices.   We believe that such practices need to remain prohibited for the foreseeable future, that is, prohibited through legislation rather than being left at the discretion of any advisory body.

    19. Consequently, to the list of prohibitions, we would want the following practices added:

    a)      Research on embryos left over from IVF programmes
    b)      Creation of an embryo solely for purposes of research
    c)       "Therapeutic cloning", i.e. embryo cloning for non-reproductive
              purposes (currently a matter for MAC to advise on)
    d)      Embryo splitting
    e)      Creation and use of hybrid embryos for non-reproductive purposes
    f)       The use of gametes derived from foetuses
    g)      Germline genetic alteration

    Section 10; Duty to stop development of embryos outside human body after 14 days

    20. Without condoning the practice of IVF, we wish to limit the harm caused by the creation of embryos that will never be implanted. Whatever the circumstances of its genesis all embryos are to be treated with absolute dignity and respect. Commitment to the intrinsic dignity of the embryo proscribes all activities on embryos already formed via IVF, other than for the purpose of implantation within the womb of its mother. The 14-day period is unnecessarily long for the purposes of fertility treatment and appears to be concerned with making provision for research and experimentation on embryos.   As stated previously, this should be prohibited. 

    Section 11; Commercial supply of embryos or human gametes

    21. The purchase, barter or exchange of human gametes and embryos is contrary to the principle of intrinsic human dignity.   We support the prohibition of, and the proposed penalties for, the giving or receiving of valuable consideration for the supply of an embryo or human gametes.  

    Section 12; Status of surrogacy arrangements and prohibition of commercial surrogacy   arrangements 

    22. We wish to state our opposition to all forms of surrogacy.   We believe that the overall well-being of children is compromised when they become subject to any arrangements under which a woman agrees to become pregnant for the purpose of surrendering custody of a child to be born. We also believe that the practice of surrogacy can place the health and welfare of women at risk.   We support the move that would seek to keep surrogacy arrangements from being made enforceable.

    23. Within assisted human reproductive technologies there is a significant risk of the commodification of children and the reproductive capacities of women and men. The exploitation of children, women and men for commercial ends is an affront to the intrinsic dignity of persons, and therefore we welcome the prohibition of commercial surrogacy. In addition, the commercialisation of such activities is contrary to the well-established and accepted New Zealand practice whereby human organs and tissues are not sold or purchased and adoption is non-commercial.

    Subpart 2 – Activities requiring approval of ethics committees

    Section 14; Assisted reproductive procedures and human reproductive research only to proceed with prior approval

    24. An over emphasis on the sufficiency of individual informed consent, as has been exemplified by a number of commentators with respect to recent debates in the bioethical area, reflects a failure to acknowledge the wider impact of technological interventions. This, in turn, often reflects a view of the human person that fails to properly acknowledge our inter-connectedness and the impact of our individual decisions on others. It is vital that as a society we take into account the effect of reproductive technologies on core societal values and the common good, including their potential to redefine certain fundamental under-standings around parenting and children. 

    25. One of the less talked about implications of the use of assisted reproductive procedures is their potential to redefine our fundamental understandings of parenthood, children and our acceptance of human diversity. Consequently, decisions around the use of reproductive technologies are too important to be left entirely in the hands of individuals or couples without broader societal oversight and accountability. The proposed requirement that assisted reproductive procedures and human reproductive research must gain the approval of an appropriate ethics committee, reflects the implications which these issues have for the community as a whole, and of the need for limits. We strongly reject the view that the involvement of ethics committees in people’s decisions to use assisted reproductive procedures represents an intrusion into the lives of adults.

    Section 24; Designation of Ethics Committees

    26. To meet international guidelines for research and practice, it is imperative that ethics committees must be “independent” of any undue political interference. The proposed legislation gives too much power to the Minister to appoint, designate, and terminate.

    Subpart 3 – Advisory committee

    Section 31; Advisory committee to be established

    27. We support the establishment of an advisory committee. To avoid it being a minimal response in the implementation of reproductive technologies, this committee needs to be well resourced in order to carry out what is needed in the timeframe that the technology will force upon it.

    Section 33; Appointment of members 

    28. In line with the principle of considering and respecting the different ethical, spiritual and cultural perspectives, we consider subsection (4) to be deficient in as much as it does not make direct provision for one or more members with expertise of a “spiritual” nature. Broad-based representation on the Ministerial Advisory Committee is essential and should include people with cultural and spiritual and ethical backgrounds. In its current form we do not believe that the legislation will achieve its stated aim of considering and respecting the different ethical, spiritual, and cultural perspectives in society.

    29. With regard to the makeup of the Ministerial Advisory Committee we recognise the need for specialised knowledge in assisted reproductive procedures and human reproductive research. Nevertheless, there is the potential in the committee makeup for provider and researcher capture.   The makeup of the committee must avoid any conflict of interest. We note that the National Ethics Committee on Assisted Human Reproduction (NECAHR) have made provision to appoint a specialist to advise, when necessary, on technical matters relating to assisted reproductive technology. This person does not take part in any decision making.

    30. The fast developing nature of the technology and its potential to redefine fundamental understandings of parenthood and children calls for an advisory body that:

    a)  Is independent of any organisation or group of individuals that   stand  to  benefit financially or in any other way from reproductive procedures/treatments or research.

    b) Is broad-based in its make-up and includes representatives from the 
        churches.

    c)  Is willing to balance the scientific imperative that holds that research
         must always proceed as quickly as possible.

    d)  Sufficiently recognises and takes into proper account the fact that risks and harms associated with assisted reproductive technologies apply as much to the “human spirit” (our ethical, cultural, social and spiritual dimensions) as to our physical well-being.

    e)   Will be subject to transparent accountability mechanisms.

    Section 36; Advisory committee to provide specific advice

    31. We wish to point out that there is an ethically relevant distinction between embryo donation to infertile couples and the donation of “spare” embryos for purposes of research. The proposed legislation, in its current form, does not make this differentiation. These two quite different types of activities need to be clearly differentiated within the act itself.  

    32. Embryo selection is unacceptable because it implicitly and explicitly devalues life that is already weak and marginalised. Allowing embryo selection for any reasons, including those related to the health of the child to be born may actually open the way to significant pressure for eugenic or discriminatory activity. Persons with disabilities are a particularly vulnerable group who need protection.   We note that very often their vulnerability derives from socially constructed perceptions of “normality” which rest on a shallow understanding of humanity. Persons with disabilities can lead full and satisfying lives and enrich the lives of those around them.

    Section 37; Requirement to consult

    33. We are extremely concerned that there is no obligation by the advisory committee to consult with the wider public, other than when it sees fit to consult, and only then with whom it sees fit to consult. This is inconsistent with what is happening in the environmental area. Given that the committee is charged with providing specific advice and issuing guidelines on matters relating to any kind of assisted reproductive procedures and human reproductive research, we believe that wide public debate and input is essential. The need for wide public consultation on issues in which the whole community has a stake must be an integral part of the legislation. It is unacceptable that the need to consult be left to the discretion of the advisory committee or the Minister.

    Part 4  Information about donors of donated cells and donor offspring 

    34. The principle that we have a right to know our lineage or genetic heritage, and the requirement that the health and well-being of children be paramount, requires that legislation provide for the sharing of information between all those involved in any form of assisted reproduction. Where there is a conflict between the privacy rights of a donor and the rights of a resulting child to know its heritage, the rights of the child should prevail. 

    35. As a result of assisted reproductive technologies, a child may have as many as five “parents”. Without condoning the practice, we believe that it is the right of children who are born by way of assisted reproductive procedures involving donor gametes to have access to full information about their origins. We note that the proposed legislation does not require donor offspring to be told about the circumstances of their conception, and accepts that the child’s family may   - or may not - share information at any stage. This right should not be at the discretion of parents.   Research into the effects of adoption on children has taught us the negative effects of a system that is less than totally open from a child’s earliest years on. In its current form this part of the SOP clearly falls short of the stated aim to uphold as paramount the principle that actions be guided by what is best for the child.

    Section 38; Advisory committee to consider desirability of activities

    36. The desirability of research, or its intended outcome, is not a sufficient determinant of what is ethical.   This principle, often expressed in terms of the maxim ‘the end does not justify the means’, has been consistently upheld in our society.   Lack of regard for this maxim has resulted in well documented abuse of human rights.   We believe that the notion that research must proceed as quickly as possible must be challenged because such research may reflect values that are not balanced by ethical, cultural and spiritual concerns. 
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