Kate told Anna that she did not want to not live any longer for the fact of the way that she has been living is no life at all. The Maine Supreme Court discussed its approach to the mature minor doctrine in In re Swan,59 a case involving a nonreligious refusal of lifesaving (or, more accurately, life-preserving) treatment. 123. Anna, on the other hand, desires her medical freedom. The minors physician should also weigh in on this evaluation because the physician will likely have had ample interactions with both minor-patient and parent, and he or she will have insight based on observations of the relationship. Throughout the novel she sues her mother for the right to her own body, she develops as an individual away from her sister. Similar factors appear in other early cases that helped shape the mature minor doctrine. With the 's ending, "sister's" is the singular possessive form. Casey is considered the case that fixed the legal recognition of abortion rights. Anna also explains that Kate asked her not to donate her kidney because she was bored of being ill and expecting to die. In October 2013, the Parliamentary Assembly of the Council of Europe adopted Resolution 1952, which concerned childrens rights to physical integrity.111 The focus of this resolution was on the protection of a child from unnecessary and nonmedically justified procedures, including male and female circumcision, genital surgery on intersex children, and piercing, tattooing, and plastic surgery.112 The Parliamentary Assembly based its resolution on the United Nations Convention on the Rights of the Child, which protects children against all forms of violence.113 The Convention on the Rights of the Child also recognizes a minors right to privacy,114 which is sometimes considered a companion to the right to bodily integrity.115, Belgium made headlines in 2014 when it became the first country in the world to legalize the euthanasia of any terminally ill minor, regardless of age.116 This decision, of course, has been met with its fair share of controversy. All rights reserved. INTRODUCTION Literary work produced by people is a medium to express ideas, feeling, or to describe someone or something. Eur. Ry. ISBN 978-4-15-208763-8. My Sister's Keeper. 105. Work Licensure, 791 A.2d 125, 128 n.4 (Me. Kate slowly started to get sicker and eventually died. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. They're tearjerkers, but never inThe Notebook sense. In American jurisprudence generally, the best interests of the child are often intertwined with familial and paternal interests, which is exemplified by Massachusettss mature minor doctrine.132 Instead, the standard for best interest of the child should focus primarily and perhaps solely on the child, especially when the child is experiencing profound physical suffering. Id. Below is an explanation of the virtue ethics as a theory. Ann. My Sister's Keeper Essay Topics & Writing Assignments. At this particular moment, Campbell suffered an epileptic. What is the theme. In Cruzan v. Director, Missouri Department of Health,99 the Supreme Court recognized that the informed consent requirement in medical treatment was derived from the right to bodily integrity.100 Quoting Justice Cardozo in a decision he authored during his tenure on New York States highest court, the Court affirmed that a competent adult has a right to determine what shall be done with his own body, and an invasion of ones body without consent constitutes assault.101 Although the issue decided in Cruzan ultimately concerned the constitutionality of the clear and convincing evidence standard that Missouri required to prove that the patient would not have wanted to remain on life support, the Court declared that [i]t cannot be disputed that the Due Process Clause protects an interest in life as well as an interest in refusing lifesaving treatment.102 In his dissenting opinion, Justice Brennan stated that a State has no legitimate general interest in preserving life that could outweigh a persons decision to refuse lifesaving medical treatment,103 and that, in order for the State to have a legitimate interest, it must be established that the patient wishes to be treated.104, Minors rights to bodily integrity have been recognized in certain contexts but are generally less robust than adults rights. Do you think it would work? I asked. In . The novel "My Sister's Keeper" by Jodi Picoult explores the medical, legal, ethical and moral issues related to long term illness and discusses some of the bioethical issues around the experimental technique known as pre-implantation genetic diagnosis. "Moral value is value that must be separated with other values. It is not the first time that Belgium had considered legalizing the voluntary euthanasia of minors; in fact, when the Euthanasia Act of 2002 was first proposed, minors were included in the bill but were later removed to ease opposition.117 The original act defines euthanasia as intentionally terminating life by someone other than the person concerned, at the latters request.118 While voluntariness is a crucial element in both acts,119 the new legislation extending this right to minors differs significantly from the 2002 Act. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. 3. Why we resist accountability; look at 2. Warmly told from each character's point of view, a move that mirrors Picoult's own writing style, the audience has a better opportunity to connect with everyone involved. 2002). She wanted to find her sister because thats the only family she has. Even in those jurisdictions that employ the mature minor doctrine, minors have the burden of proving their maturity using standards that are sometimes paradoxical and often circular in logic. In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. 359, 38789 (2000). One of the primary concerns that opponents of any child euthanasia law have is that it is merely a legalized version of infanticide.136 To avoid the possibility that the law would be used in this way, the psychologist making the minors determination of capacity should also make an independent determination of voluntariness by observing the interactions between the minor and the consenting parent. 39. Another major theme in this novel is "The importance of living in the moment.". But without hope of an afterlife spent with Jesus in heaven, struggling through a family member's terminal illness just becomes that much more hopeless without knowing the true Hope. Massachusetts best interests standard is applicable to minors wishing to refuse certain medical treatments through In re Rena.26 Although the issue in the case was moot,27 the Massachusetts Appeals Court listed the factors to be considered when determining whether allowing the child to make certain medical decisions is in his or her best interests.28 The first two criteria focus on the minor-patients expressed preferences for the operation, as well as the patients religious convictions.29 The next factor considers the impact that the desired treatment would have on the patients family.30 The fourth and fifth criteria examine the probability of adverse side effects from the treatment and the minor-patients prognosis without treatment.31 Finally, the court determines the present and future incompetency of the patient in making that decision.32 The factors that focus on the minor-patient (i.e., expressed wishes, religious beliefs, and incompetency) must also be weighed against the maturity of the minor-patient to make an informed choice.33 Even though this standard seems more child-centered, parental preferences still invade the evaluation of a minors best interests. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. The moral agent, Ana, faces moral obligations to save her sister by serving as an organ bank. Her pram is empty, there's no trace of the child. The Biblical solution; and 3. 705 N.E.2d 1155 (Mass. By limiting the euthanasia laws to minors whose ailments are incurable, who are terminally ill, and who are in a state of unbearable physical suffering, Dutch and Belgian legislatures implicate a standard of the minors best interests. Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. Much of the literature written on this novel focuses on Anna, the sister who was born in order to become a donor for her sister, Kate, and the ethics of forcing such donations from a child.2 Anna hires a lawyer to sue her parents for the rights to [her] own body so that she cannot be forced to donate a kidney to her sister.3 While Anna is providing testimony in court, however, it is revealed that Kate had appealed to Anna and asked her to let her die.4 This revelation not only transforms Annas seemingly selfish act but also raises two important questions: What lengths must a minor go through in order to die with dignity, and when is it possible for a minor to refuse lifesaving treatment? DVD Release Date: November 17, 2009Theatrical Release Date: June 26, 2009Rating: PG-13 (for mature thematic content, some disturbing images, sensuality, language and brief teen drinking)Genre: DramaRun Time: 109 min.Director: Nick CassavetesActors: Cameron Diaz, Abigail Breslin, Jason Patric, Sofia Vassilieva, Heather Wahlquist, Evan Ellingson, Alec Baldwin, Thomas Dekker. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. Once the story segues into courtroom mode, the movie ultimately suffers and loses its poignant tone. But their family is rocked by sudden, heartbreaking news that forces them to make a difficult and unorthodox choice in order to save their baby girl's life. 457, 459 (1997). My Sister's Keeper Review and Study Guide. 36. eNotes.com will help you with any book or any question. The main event is the bubonic plague which turns an entire city upside down in fear, sorrow, and hatred. As the summary on the back of the book states, "Anna is not sick, but she might as well be.". : Medical Decision-Making Autonomy and the Mature Minor Doctrine, 13 Ind. tit 13, 707(b)(5) (West 2017). She is a housemaid and a widow that is stuck on her own trying to heal many people. Minors should have the right to refuse treatment to avoid subjecting themselves to unwanted bodily invasion. As with the human body, each part is fully dependent upon the other part to function optimally. 37. Best interests of the child is a varying, paternalistic standard that complicates a minors access to certain medical treatment, including the refusal of medically accepted, lifesaving treatment. my sister's keeper moral issues Category: Business Paper Type: Homework Reference: APA Words: 1500 Ethical Issues in the Movie "My Sister's Keeper" There are following ethical issues in the in the movie The ethics of Breeding The ethical issue of breeding Anna as a Donor for Kate 65. Really, there are no happy endings when a child has cancer in the advanced stages, and My Sister's Keeper doesn't hold back on how awful and debilitating the disease really is. 2018; judicial law clerk, Mashantucket Pequot Tribal Nation, Mashantucket, Connecticut; admitted to practice in Connecticut and the Mashantucket Pequot Tribal Nation. Download the entire My Sister's Keeper study guide as a printable PDF! I think she was only intent on doing what had to be done to keep her family intact by preserving the life of Kate. Parl. Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . 122. Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . Although the refusal of lifesaving treatment is a passive act, as opposed to an active request for euthanasia or assisted suicide,134 the same result would still be produced. See id. Id. In this film, Anna Fitzgerald is a. . 60 terms. For some, such genetic engineering would raise both moral and ethical ques-tions; for the Fitzgeralds, Sara in particular, there is no choice but to do whatever it takes to keep Kate alive. Doriane Lambelet Coleman & Philip M. Rosoff, The Legal Authority of Mature Minors to Consent to General Medical Treatment, 131 Pediatrics 786, 79091 tbl.1 (2013). My siblings matter to me and I wouldn't want to see them out of my sight ever. . Anna would constantly give blood to Kate in order to save her life. In jurisdictions where the mature minor doctrine can be invoked in all medical decision-making, an analysis of the minors best interests includes a greater variety of criteria. A healthy family in this stage is challenged with the tasks of loosening family ties, couple relationship, parent-teen communication, maintenance of family moral and ethical standards, and . A minors right to refuse lifesaving treatment is limited, even when that minor can otherwise demonstrate his or her maturity. I would want somebody to let me leaveto go in peace.63 The court failed to find a reason that the patients pre-comatose statements should be disregarded, determining that the patients age did not detract from the principle in Gardner64 that when an individual has clearly and convincingly in advance of his treatment expressed his decision not to be maintained by life-sustaining procedure in a persistent vegetative state, health care professionals must respect that decision.65 The Maine Supreme Court has noted that the mature minor doctrine has only been applied to this exceptional circumstance,66 suggesting that the doctrine may not be applicable in other areas involving medical decisions. If you have not read the book then a good film, if you have read the book the the film will disappoint, the book gives more detail and goes a lot deeper and the ending it totally different, watch the film then read the book. Please explain the quote, "You don't love someone because they're perfect. Through the biggest fight of their lives, all this fictional family has is one another, which is an amazing foundation that many people aren't quite so fortunate to have. Statutes that grant minors certain rights to consent to medical treatment are sometimes called medical emancipation statutes. Ct. App. Lawrence Schlam & Joseph P. Wood, Informed Consent to the Medical Treatment of Minors: Law and Practice, 10 Health Matrix 141, 148 (2000). Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. at 745. a guardian who would consent to the blood transfusions and determined that E.G. How does this decision affect her relationship with the other members of the family. Health L. Rev. In ''My Sister's Keeper'', author Jodi Picoult explores the ethics and morality of having one sibling do something against their wishes in hopes of providing a better future for the other. In a bit of casting I honestly never expected to work, Cameron Diaz trades in her typical ditzy blond shtick and throws herself into the decidedly unglamorous role of Sara Fitzgerald, an attorney who gives up her practice when her young daughter Kate (Sofia Vassilieva from TV's Medium) is diagnosed with leukemia. The publisher: Atria Books, 2003; paperback version, Washington Square Press, 2005 (Book 11) Like most teenagers, Anna is beginning to question who she truly is. Belgian Senate Votes to Extend Euthanasia to Children, BBC News (Dec. 12, 2013), http://www.bbc.com/news/world-europe-25364745. Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. Print Word PDF. 19. References CMN4100. This would give the court a disinterested partys opinion of that capacity, which is necessary in proceedings that have the potential to be highly charged and emotional. Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. Ct. 1999). Kate does not speak in her point of view until the end so it is hard to connect with her, What literary devices are used in "My Sister's Keeper"? My grad school experience felt very much like a roller coaster ride. Id. Asked by Isabel B #907456. In the past, several of Picoult's novels have been adapted for the small screen, namely for slightly cheesy Lifetime movies, and the subject matter has generally had "made for TV" written all over it. Anna was an orphan. Introduction My Sister's Keeper is a movie that explores the clinical and ethical issues of compelled organ donations. After the procedure was successful and Anna (Abigail Breslin) was born, the younger sister has served as the spare parts factory her older sister has needed along the way. An Ethical Theme Of Genetic Engineering In The Movie My Sister's Keeper: [Essay Example], 557 words GradesFixer. These criteria may include a requirement, such as the one in the Netherlands, that minors under the age of sixteen have the approval of their parents to refuse the treatment. The book tells the story of Anna Fitzgerald, a 13 years old girl that was genetically selected to be a savior sibling to save her older sister's life. . Communicative Competence 1 Linguistic 2 3 4. 1. Name a treatment Kate has, and tell me some of the side effects she has to deal with. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. Minors are only allowed to seek whatever treatment they need if they are emancipated22 or if they are seeking treatment for venereal disease, pregnancy, substance abuse, or emotional disturbance.23 An exception can be made for emergency medical treatment,24 but the statute is limited to the aforementioned circumstances. A minor can prove that refusal is in his or her best interest by giving evidence of the terminality and incurability of the diagnosed illness, which must cause him or her great suffering. This would mean that in order for a minors right to refuse lifesaving treatment to be introduced into American jurisprudence, the standards that a minor has to meet must be high. Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. My Sister's Keeper clearly demonstrates how modern scientific advances have resulted in disputes between parents and children. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. 1295, 130203 (2015). Aug 8, 2009. Latest answer posted October 24, 2019 at 3:11:22 PM. Because court involvement in a minors end-of-life decision is inevitable, it should be required that a psychologist make a determination of the minors capacity. , 2013 ), http: //www.bbc.com/news/world-europe-25364745 to find her Sister be a determination that refusal! Once the story segues into courtroom mode, the movie ultimately suffers loses... My sight ever expecting to die emancipation statutes courtroom mode, the movie ultimately suffers and loses poignant. No trace of the virtue ethics as a theory relationship with the hand! News ( Dec. 12, 2013 ), http: //www.bbc.com/news/world-europe-25364745 s no trace of the cases earlier... 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