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. Anna, on the other hand, desires her medical freedom. 115. Kaye had gotten to the point where she couldnt cope physically. "Sister" with no punctuation is singular, meaning only one "sister" is present. of personal autonomy and bodily integrity,97 characterized the newly recognized right to abortion as an extension of the powerful right of physical liberty. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. 53. 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. 101. Other Quizlet sets. 42. Although the age of a minor does not necessarily speak to capacity, in order to make the right to refuse lifesaving medical treatment more agreeable to American jurisprudence, the right should only be available to minors who are not close to the age of majority unless the minor meets additional criteria that help demonstrate capacity to give informed consent. It's phrase that comes Genesis 4:9, Cain had just murdered his brother Abel out of a jealousy to be God's favourite. However, if the procedure that the minor is refusing to undergo would produce a very good prognosis, the States interests in the preservation of life may overrule the childs desires. 4. tracyt. Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. Based on the constitutional right to bodily integrity, a minor should have the right to invoke the mature minor doctrine in order to refuse lifesaving medical treatment. 2002). Belgiums Parliament Votes Through Child Euthanasia, BBC News (Feb. 14, 2014), http://www.bbc.com/news/world-europe-26181615. 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. I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. The character of Sara is most adamant that it is in Annas best interests to act as a donor for Kate. against her mother, relying on the dire circumstances that lack of medical treatment would create.49 The appellate court reversed the trials courts order to appoint E.G. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. at 1304 (discussing cases where a minors right to bodily integrity against the state has been applied in contexts outside schools and detention centers). My Sister's Keeper examines what it means to be a good parent, a good sister, and a good person. 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. While the story itself is particularly bleak, there are a few nice cinematic touches that prevent My Sister's Keeper from being a total bummer. 122. In this scenario what would be the subsequent possibility? With the 's ending, "sister's" is the singular possessive form. Introduction My Sister's Keeper is a movie that explores the clinical and ethical issues of compelled organ donations. Coleman & Rosoff, supra note 17, at 79091 tbl.1. Cloud State University M.A. Anna Fitzgerald, the main character of the novel, is being used as body parts to keep her sister Kate alive rather than being loved and appreciated for the person she truly is. Kate goes on a date with Taylor. from Franciscan University of Steubenville M.A. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. 136. . Anna eventually sues her parents for medical emancipation after years of painful procedures. Starring: Cameron Diaz,Abigail Breslin,Alec Baldwin. INTRODUCTION Literary work produced by people is a medium to express ideas, feeling, or to describe someone or something. 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. Few cases have recognized a minors right to refusal, and the circumstances under which this refusal right is granted are limited. Kate Fitzgerald had been ill since her childhood. My Sister's Keeper is a 2009 film that focuses on the story of a family where a daughter has a severe illness. 116. Nick Cassavetes' 'My Sister's Keeper' explores ethical questions surrounding the use of genetic science to design organ donors through in vitro fertilization. Throughout the novel she sues her mother for the right to her own body, she develops as an individual away from her sister. Jodi Picoults My Sisters Keeper is a novel that explores the difficult topic of the terminal illness of a sixteen-year-old girl and the lengths her family goes through in order to preserve her life. Similarly, the Oregon Court of Appeals declined to consider the constitutional issues raised in In re Connor because the issue had become moot when the petitioner turned eighteen.58. Sara and Brian are always prepared to rush to the . . The two brothers were each other's keeper. All rights reserved. In Bertens theory, it describes that moral value that must be separated with other values because moral value is different with other values. 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. LIVING IN THE MOMENT & HOPE. My Sister's Keeper is interlaced with flashbacks which develop its plot through different family relationships. First, we have the moral issue surrounding Anna's birth. What is the theme. The Diaspora life can be traced further in her work Queen of Dreams (2004) and Oleander Girl (2013). 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. Sara and Brian live an idyllic life with their young son and daughter. Given the subject matter, how could it not be? Answers: 1. I remember in the first few months of grad school, I became friends with a group of women that I believe God sent to help carry me through the next two years. : Law, Children, and Compelled Donation, 29 W. New Eng. Article Images Copyright , California - Do Not Sell My Personal Information. 1. Kate slowly started to get sicker and eventually died. Director Nick Cassavetes has coaxed amazing performances from his first-rate cast, including Diaz, who surprises with the strength of her rage and melancholy as a mother determined not to see her child die. 359, 38789 (2000). The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . 34. 1981). 705 N.E.2d 1155 (Mass. 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). 135. It made me wonder, though, what would have happened if Kate had been healthy. 36. Based in St. Paul, Minn., she also weighs in on various aspects of pop culture on her personal blog. Introduction: On Bridging the Divide Between Family Law and Family Life, Multipartner Fertility in a Disadvantaged Population: Results and Policy Implications of an Empirical Investigation of Paternity Actions in St. Joseph County, Indiana, American Bar Association Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. 66. 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. /content/aba-cms-dotorg/en/groups/family_law/publications/family-law-quarterly/volume-52/issue-1/lessons-my-sister-s-keeper-minor-s-right-refuse-life-saving-treatment, http://www.bbc.com/news/world-europe-26181615, http://www.cnn.com/2016/09/17/health/belgium-minor-euthanasia/index.html, http://www.loc.gov/law/foreign-news/article/belgium-euthanasia-option-may-be-extended-to-children, http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia, http://www.bbc.com/news/world-europe-25364745. 741, 754 (1977). Animal Farm Vocab. Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). Genesis 4:8. 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