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In . Eur. My Sister's Keeper Essay Topics & Writing Assignments. 92. While Massachusetts may be progressive in that it makes the mature minor doctrine applicable to procedures outside of those relating to reproductive rights, the type of treatment a minor seeks could inform a courts decision, implying that even if a minor meets all other criteria and is deemed mature in all other respects, the type of treatment chosen (or refused) can influence the courts decision. Kate goes on a date with Taylor. Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. 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. This would help ensure that the minor has not been coerced into making the decision to refuse lifesaving medical treatment. I would not listen to them, and continue helping them get better. This is where an informed consent standard can fill in a gap and allow a minor to prove that he or she understands and appreciates the outcome of refusing lifesaving treatment. from St. Please explain the quote, "You don't love someone because they're perfect. In re E.G., 549 N.E.2d 322, 325 (Ill. 1989). 122. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. Anna believes that her only role is to be a donor for Kate. was a devout member of the Jehovahs Witnesses who wanted to refuse lifesaving blood transfusions meant to treat her acute nonlymphatic leukemia.48 The State of Illinois filed neglect petitions on behalf of E.G. Mysticism and magic is explored in her series for children The Brotherhood of the Conch The Conch Bearer (2003), The Mirror of Fire and Dreaming (2005) and Shadowland (2009). Id. Kind moral 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. : Law, Children, and Compelled Donation, 29 W. New Eng. If the expert testimony suggests that a parent has unduly influenced a minor child into refusing treatment, the states child welfare system would need to become involved if it were not involved already. Anna sues her parents, Sarah and Brian, for medical emancipation. Yes, it's possible: in vitro fertilization assured a perfect match. Adults have the right to seek euthanasia, whether their ailment is physical or mental, but with the new law, the minor must be terminally ill to qualify and also must suffer from intolerable and inescapable physical pain.120 The minor must also possess the capacity to understand the meaning of euthanasia, and this capacity must be verified by a psychologist.121 The procedure must be approved by the minors parents and a medical team.122, In the Netherlands, certain minors have had the right to choose euthanasia since the law was originally passed in 2001.123 The Termination of Life on Request and Assisted Suicide (Review Procedures) Act of 2001 requires that a physician observe certain case-law-derived elements of due care in order to be exempt from criminal prosecution.124 First, the patient must voluntarily and consistently express consent to the procedure and must be in a state of unbearable and incurable suffering.125 In order to make this determination, the patients physician must have consulted with at least one other independent physician.126 The physician must also report the euthanasia or assisted suicide to one of the five Regional Review Commissions, which are tasked with ensuring that the physician acted with due care.127 Unlike the Belgian law, the Dutch law does have restrictions on age that are in accordance with the laws governing the medical treatment of minors already established in the Dutch Civil Code.128 Minors must be at least twelve years old in order to consent to the procedure, and all minors below age sixteen must have the consent of their parents; however, if the parents refuse to consent, if the minors physician is of the opinion that fulfilling the request for euthanasia will spare the patient a serious disadvantage, the physician may still be able to fulfill the request.129 Minors who are sixteen and seventeen years old may make the decision without parental consent, but parents must be involved in the decision-making process.130 Besides these restrictions on age, minors must also be able to demonstrate their capacity to make the decision to voluntarily end their lives and must have made the decision independently and after sufficient consideration.131. The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . 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. The woman cries: Someone kidnapped my baby! Parl. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. Response: If I were in the same situation Anna was in, I would do everything I can to save my sibling's life, even if my sick sibling tells me to stop helping them to get better. The main event is the bubonic plague which turns an entire city upside down in fear, sorrow, and hatred. Her pram is empty, there's no trace of the child. 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. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. Certainly, I would not be part of this family (8). . 23 terms. The movie My sisters keeper is about 13 year-old Anna, who sues her parents for medical emancipation when she is expected to donate a kidney to her sister Kate, who has leukemia. 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. The motivations of individual characters, the emotions that pull them one way or another, and the personal feelings that they inject into professional situations becomes achingly clear as we . 137. A kidney transplant?. Print Word PDF. 117. Although it is highly unlikely that the United States would welcome a euthanasia law in the near future, if at all, the standards of these European laws can be used to inform an approach to a minors refusal to undergo lifesaving treatment. Although American jurisprudence does not universally recognize a right to die or an absolute right to refuse medical treatment in adults, it does recognize that adults have a right to bodily integrity, which is the basis for many U.S. statutes, as well as common law. In foreign jurisdictions, however, minors have recognized rights against parental decision-making that are based in their bodily integrity rights. Generally speaking, minors are presumed to be incompetent to consent to their own medical treatment, but some states accept the mature minor doctrine, which allows minors to independently consent to certain medical procedures if certain criteria are met.5 But even in the states where this doctrine is accepted, there is no universal standard that dictates when a minor is mature enough to consent to medical procedures without the involvement of her parents.6 Although My Sisters Keeper is a work of fiction, it presents a compelling narrative of a minor who is desperate to have agency over her body and the medical treatment that her body undergoes. 457, 459 (1997). Dont do it, she repeated, and it wasnt until I heard her a second time that I understood what she was really saying. 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. tit 13, 707(b)(5) (West 2017). Similar factors appear in other early cases that helped shape the mature minor doctrine. 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. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). 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. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. What is the moral lesson of the story two brother? 53. In this scenario what would be the subsequent possibility? The Massachusetts Supreme Judicial Court authoritatively introduced this list in In re Guardianship of Roe, 421 N.E.2d 40 (Mass. In Massachusetts, a determination of a minors maturity is also influenced by the minors ability to demonstrate that he or she is capable of giving informed consent to the procedure.34 This legal standard also exists in Arkansas, Idaho, Illinois, Kansas, Maine, Nevada, Tennessee, and West Virginia.35 Generally speaking, consent is considered informed if the patient demonstrates the capacity to make decisions; if he or she is provided with adequate information so that a reasonable person in the same position would be able to make an informed decision; if an appropriate amount of information is disclosed to the patient; and if the patients decision was made without the influence of fraud, coercion, or duress.36 Minor-patients, however, do not have the same rights to informed consent when they are under the care and custody of their parents.37 This is justified not only as existing under the umbrella of parental rights, but also because the law presumes that parents always act in their childs best interests, that children are incapable of making their own medical decisions, and that parents have the capacity and maturity to make difficult decisions, and also because parents tend to bear the burden of medical treatment costs.38 A minor-patient must rebut these presumptions in order to demonstrate that he or she is capable of rendering informed consent. "Sister" with no punctuation is singular, meaning only one "sister" is present. 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. & L. 557 (2006). The film My Sister's Keeper, based on a 2004 bestselling novel by Jodi Picoult, presents an extreme example of in vitro fertilization and genetic selection technology to confront the moral and social issues with these reproductive tools. The Movie: My Sister's Keeper, a New Line Cinema production, in theaters on June 26, 2009 and is rated PG-13. 35. View My sisters keeper reflection paper.docx from PHIL MISC at Wesleyan University-Philippines in Cabanatuan City. (2010). Once Anna reaches a certain age, she realizes what has been happening to her and refuses to go through with anything else by suing her mother. TV Shows. Christa Banister is a full-time freelancer writer, specializing in music, movies and books-related reviews and interviews and is the author of two novels,Around the World in 80 Dates and Blessed Are the Meddlers. References CMN4100. A former defense attorney finds herself back in court when she and her husband are sued for medical emancipation by their 11-year-old daughter. 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. Another novel One Amazing Thing (2010) like the Chaucers The Canterbury Tales each character of the group tell story about their lives when they were stranded in the building due to earthquake. 115. 17. The movie surrounds a family in turmoil after they have a baby and realize the baby is sick (Kate). App. Determined to do whatever it takes to keep her daughter alive, she and her husband Brian (Jason Patric) don't have many options for treatment available. 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. My teeth are chattering I try to tell her but my jaw and teeth are chattering so much, I cant make the words. (Frank 26) The day after the car accident, Anna learns that Ellen passed out after the were hit, and this resulted in her having a collapsed lung, some cracked ribs, and a broken leg. Cain was jealous of Abel at how the Lord was pleased with his brother. 26. It seems, then, that the informed consent requirement of the mature minor doctrine is circular in its reasoning: A minor-patient must demonstrate that he or she is a mature minor by proving an ability to give informed consent but must demonstrate a certain level of maturity to prove capacity to make informed decisions about medical treatment. Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. It is revealed to us in chapter one (Monday) that Anna is an allogeneic donor, meaning she is a perfect donor for her sister Kate who has acute promyelocytic leukemia. 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