Is it morally correct to do whatever it takes to save a child's life? 101. First, we have the moral issue surrounding Anna's birth. 457, 459 (1997). The events that will be discussed are: how being brought into the world to save Kate affected Annas psychosocial development, how having to undergo many surgeries at a very young age affected Annas physical development, and also how Annas cognitive development was affected by her sisters sickness and death. That night, Sara overhears Kate gushing about it to Anna. Gramtical Competence -the acquisition of phonological rulesw,morphological words,syntactic rules,semantic rules and lexixal items Sociolinguistic Competence -the learning of pragmatic aspect of various speech acts,namely,the cultural values, norms, and other . Under the Belgian law, a psychologist must determine the minors capacity to make an end-of-life decision, while in the Netherlands, capacity seems to be presumed in minors that reach certain ages and is therefore more akin to the common law rule of sevens.135. You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. But for whatever reason filmmakers decided My Sister's Keeper had big-screen potential, they also agreed that Picoult's original ending was a little too much for the masses. Children, however, are not merely an extension of their parents, and if the State is able to recognize that in certain contextssuch as in termination of parental rights proceedingsthen it should also apply in the context of medical decisions. My Sister's Keeper. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. You will need to think about the morality of. 20069 . 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. Once the story segues into courtroom mode, the movie ultimately suffers and loses its poignant tone. 2004. Being dishonest with themselves and dishonest with their children is a conflict. of personal autonomy and bodily integrity,97 characterized the newly recognized right to abortion as an extension of the powerful right of physical liberty. The recipient of the 2003 New England Book Award for her entire body of work, she is the author of twenty-seven novels, including the #1 New York Times bestsellers House Rules, Handle With Care, Change of Heart, and My Sister's Keeper, for which she received the American Library . The character of Sara is most adamant that it is in Annas best interests to act as a donor for Kate. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. Although informed consent rights include rights to informed refusal,46 the right to informed consent is, as with most child rights, curtailed for minors. 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. N.C. Gen. Stat. 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. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. 105. 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. Last updated by jill d #170087 3 years ago 9/8/2019 5:59 PM. Cain's response was, "Am I my brothers keeper?" and it has become a catch phrase for the last 7000 years. Anna, on the other hand, desires her medical freedom. 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. In North Carolina, a judge may choose to waive the parental consent requirement for a minor seeking an abortion if it would be in the minors best interests that [it] not be required.21 However, North Carolinas statute concerning a minors consent to other medical procedures does not have such a bypass. An Ethical Theme Of Genetic Engineering In The Movie My Sister's Keeper: [Essay Example], 557 words GradesFixer. Anna was an orphan. 1, 3 (2016). Health L. Rev. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. 2. As the Illinois Supreme Court pointed out, the age of majority is not an impenetrable barrier that magically precludes a minor from possessing and exercising certain rights normally associated with adulthood.137 Minors are not less aware than adults of intrusions into their bodies solely because of their age, and age should not preclude them from making decisions about their bodies. & L. 557 (2006). As the summary on the back of the book states, "Anna is not sick, but she might as well be.". How does it affect the kidney donation issue? In this film, the writer concludes that there are some of moral values such as honesty, bravery, love and affection, fair or justice and loyalty. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. 23 terms. 137. MY SISTER'S KEEPER (Movie Review) Conceived by means of in vitro fertilization, Anna Fitzgerald (Abigail Breslin) was brought into the world to be a genetic match for her older sister, Kate (Sofia Vassilieva), who suffers from acute promyelocytic leukemia. There is a moral dilemma here as well, and we are invited to reflect upon how much medical treatment is too much. My grad school experience felt very much like a roller coaster ride. 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. In Florida, the court uses the following factors to determine whether notifying a parent that his or her minor child is seeking an abortion is in her best interests: the minors emotional or physical needs; the possibility of intimidation, other emotional injury, or physical danger to the minor; the stability of the minors home and the possibility that notification would cause serious and lasting harm to the family structure; the relationship between the parents and the minor and the effect of notification on that relationship; and the possibility that notification may lead the parents to withdraw emotional and financial support from the minor.25. The Diaspora life can be traced further in her work Queen of Dreams (2004) and Oleander Girl (2013). The parent-child relationship is, of course, more complicated because the great paradox of childrens rights is that they are often contingent on, or entwined with, the rights of their parents. and Mrs. Samuel D. Riddle have recalled fthjlr Invitations to a. dinner at the RlU-Carlton Itetore the Bal Masque owing to the death of Mfv . The moral lesson I learned in this movie is we have to face the reality and accept what could be the outcome, even though it's not what we wanted . Our summaries and analyses are written by experts, and your questions are answered by real teachers. There were many sleepless nights and tears. Article Images Copyright , California - Do Not Sell My Personal Information. Kate, Anna's older sister has an aggressive type of, Hesitantly, Anna takes the stage and confess that she filed the lawsuit against her parents because her sister Kate told her to do so. My Sister's Keeper is a 2009 film that focuses on the story of a family where a daughter has a severe illness. 2022 American Bar Association, all rights reserved. 28. On January 24, 2012, a young mother of a six-month-old daughter is found unconscious on a pavement. Ann. My Sister's Keeper Multiple Choice Test Questions. "What moral themes are present in My Sister's Keeper?" Running out of options, the family agrees to create a so-called savior sibling who will donate blood, organs, and tissues to support their daughter's life. (2010). Constance Johnson, Belgium: Euthanasia Option May Be Extended to Children, Global Legal Monitor (Dec. 17, 2013), http://www.loc.gov/law/foreign-news/article/belgium-euthanasia-option-may-be-extended-to-children. See supra note 42 and accompanying text. Latest answer posted April 26, 2010 at 11:54:50 PM. Kate has realized that Anna has been sacrificing a lot for her. 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. Anna was born in order to serve as a bone marrow donor for her sister, and as time goes on, she winds up being forced to undergo many painful procedures for this purpose. Jodi Picoult's My Sister's 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. : Law, Children, and Compelled Donation, 29 W. New Eng. I think she was only intent on doing what had to be done to keep her family intact by preserving the life of Kate. Other Quizlet sets. 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. 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. Statutes that grant minors certain rights to consent to medical treatment are sometimes called medical emancipation statutes. Minors rights over their bodies should not be contingent on their age. My Sister's Keeper was a drama film released in 2009, which touched numerous amounts of ethical issues that caused a dilemma between the family and their kids. 60 terms. 90-21.8(e)(2) (West 2017). This set of Lesson Plans consists of approximately 104 pages of tests, essay questions, lessons, and other teaching materials. at 745. 2018; judicial law clerk, Mashantucket Pequot Tribal Nation, Mashantucket, Connecticut; admitted to practice in Connecticut and the Mashantucket Pequot Tribal Nation. 120. Belgiums Parliament Votes Through Child Euthanasia, BBC News (Feb. 14, 2014), http://www.bbc.com/news/world-europe-26181615. 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. 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. 1295, 130203 (2015). See Shawna Benston, Not of Minor Consequence? 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. Kate goes on a date with Taylor. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. Starring: Cameron Diaz,Abigail Breslin,Alec Baldwin. She becomes a girl who is constantly nervous and feels guilty. One complicated but perhaps necessary component of best interest considerations that should apply is the childs prognosis with or without treatment.133 If the procedure is technically considered lifesaving but has a low chance of actually saving the minors life, then this should work in favor of a minors wish to forgo treatment and protectible interest in fulfilling that wish. 2009 | Maturity rating: 13+ | 1h 44m | Films Based on Books. a guardian who would consent to the blood transfusions and determined that E.G. veronica_saldana. Jodi Picoult. In the Dutch and Belgian laws, informed consent is implicated by the requirement that the minor understand and appreciate the nature and permanency of euthanasia. Latest answer posted August 26, 2009 at 6:42:54 AM. 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. The movie surrounds a family in turmoil after they have a baby and realize the baby is sick (Kate). The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). The media report it day and night, calling for clues and witnesses of the crime. 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 . I would not listen to them, and continue helping them get better. tit 13, 707(b)(5) (West 2017). Her pram is empty, there's no trace of the child. "Most babies are accidents, not me. Kate Fitzgerald had been ill since her childhood. Anna could also follow the utilitarian theory by requesting medical emancipation to allow her family and sister to end their suffering, allowing Kate to die as she requested, as well as the family to not have to worry about hospital admissions, testing, and treatments for Kate and . App. The woman cries: Someone kidnapped my baby! Some scholars consider Planned Parenthood of Central Missouri v. Danforth109 an early recognition of a minors constitutional right to bodily integrity in the context of these rights.110 Overall, minors do not have substantial protections from parental decision-making in the medical context in American jurisprudence. Anna eventually sues her parents for medical emancipation after years of painful procedures. 4. tracyt. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. My Sister . Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. 92, 93 (N.Y. 1914)). It's phrase that comes Genesis 4:9, Cain had just murdered his brother Abel out of a jealousy to be God's favourite. Belgian Senate Votes to Extend Euthanasia to Children, BBC News (Dec. 12, 2013), http://www.bbc.com/news/world-europe-25364745. Work Licensure, 791 A.2d 125, 128 n.4 (Me. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. 36. One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. Co. v. Botsford, 141 U.S. 250, 251 (1891): No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.. It is a story about a family almost torn apart by illness of one daughter and the intended medical emancipation of another daughter who is tired of being a donor to her sick sister. Under Tennessee law, in order for a minor-patient to give valid consent to a medical procedure, he or she must demonstrate the capacity to consent to and appreciate the nature, the risks, and the consequences of the medical treatment involved.39 In the leading case addressing this issue, parents on behalf of their minor child sued an osteopath who had treated for subluxation of the spine and bilateral sacroiliac slip.40 The minor-plaintiff sought treatment with the defendant by herself after informing her parents of her intent to see him so that he could treat her back pain.41 The court determined that, under the rule of sevens,42 the minor-plaintiff was presumed to have the capacity to consent to the defendants treatment.43 Additionally, the court stated that a minors capacity to consent is also contingent upon the minors abilities, experiences, education, training, and degree of maturity, as well as upon the minors ability to understand the risks and consequences of treatment.44 The court also elected to consider the totality of the circumstances, as well as the actual nature, risks, and probable consequences of the treatment sought.45. Minors who are terminally ill may feel trapped in their bodies and feel forced to prolong what is ultimately their physical suffering. 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. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. 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. Parl. veronica_saldana. The U.S. Supreme Court acknowledged a substantive due process right to bodily integrity in Rochin v. California,91 but the right is one that has long been recognized by common law.92 Bodily integrity as a fundamental right safeguards a persons body from governmental intrusion93 and is considered a right that is sacred.94 Recognition of this right has served as the basis for some of the most controversial of Supreme Court decisions, including the reproductive rights cases. Summary Read our full plot summary and analysis of My Sister's Keeper, scene by scene break-downs, and more. Del. 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. 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. 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. 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 This means one sister owns an item (i.e. was a mature minor who was entitled to exercise her religion freely, and could therefore refuse the blood transfusions.50 The Illinois Supreme Court held that mature minors have the right to consent to and refuse medical treatment.51 The court declined to address the constitutional issue presented in the case,52 implying that, in Illinois at least, religious grounds are not the only circumstances under which a minor may refuse medical treatment. 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. 106. Sisters Empower. A kidney transplant?. "My Sister's Keeper" is an immediate audience-grabber, as we learn that an 11-year-old girl was genetically designed as a source of spare parts for her dying 16-year-old sister. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. 111. . Kaye had gotten to the point where she couldnt cope physically. Sincerely apologetic toward Anna for always dragging her down with her when she and her husband are for! B. Jessie Hill, Constituting Childrens bodily Integrity, 64 Duke L.J of Dreams 2004... S birth tests, essay questions, lessons, and other benefits almost been forgotten all. Themselves and dishonest with themselves and dishonest with themselves and dishonest with themselves dishonest! 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