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Dutch doctor cleared in case of euthanasia without final consent

September 11, 2019 CNA Daily News 2

The Hague, The Netherlands, Sep 11, 2019 / 04:29 pm (CNA).- A Netherlands court acquitted a doctor involved in a controversial euthanasia case who had been accused of breaching the consent requirements for ending a woman’s life.

A district court in The Hague issued a decision on Wednesday. Judge Mariette Renckens said the now-retired doctor – whose name was not given – did not need a final consent for the euthanasia of a 74-year-old woman because of the severity of the patient’s dementia. The doctor instead relied upon a desire for euthanasia expressed four years earlier.

“We conclude that all requirements of the euthanasia legislation had been met. Therefore the suspect is acquitted of all charges,” said Renckens, who presided over the case.

“We believe that given the deeply demented condition of the patient the doctor did not need to verify her wish for euthanasia,” she said, according to the Guardian.

Euthanasia was legalized in the Netherlands in 2002, The procedure is available for terminally ill patients who experience unbearable suffering and face no foreseeable improvement. Under the Termination of Life on Request and Assisted Suicide Act, patients are required to give consent in writing and persistently over time.

The patient in question suffered from Alzheimer’s disease and was euthanized in 2016. When she was diagnosed with the disease four years prior, she requested the procedure occur at a time she deemed appropriate and before she was placed in a nursing home.

“I want to be able to decide (when to die) while still in my senses and when I think the time is right,” she told the public broadcaster NOS, according to Courthouse News.

Before the patient was moved to a nursing home, the Dutch doctor initiated the euthanasia process. The doctor confirmed her decision with two other medical professionals.

On the day of the patient’s euthanasia, the doctor gave her a sedative to put her to sleep. However, the patient woke up, and her daughter and husband had to restrain her while the procedure was completed.

Prosecutors said the doctor violated the Netherlands’ law by not ensuring the consent of the patient, who might have changed her mind, the BBC reported. They said that a more in-depth discussion should have taken place.

“A crucial question to this case is how long a doctor should continue consulting a patient with dementia, if the patient in an earlier stage already requested euthanasia,” said Sanna van der Harg, a spokeswoman for the prosecution.

According to the BBC, the court said it was impossible to further identify the patient’s consent, since the elderly patient no longer understood the definition of “euthanasia.” The court ruled that a decision made during a time of sound judgment is valid even after the patient loses their mental capacities.

Religious freedom and pro-life advocates decried the court’s decision and emphasized that legal euthanasia has dangerous consequences for society, the National Catholic Register reported.

“With regulators and euthanasia campaigners closely intermingled, this case shines a spotlight on the weakness of safeguards and review procedures, as well as, frighteningly, on the whole culture around attitudes to end-of-life care in the Netherlands,” said Gordon Macdonald, CEO of Care Not Killing.

“The case in the Netherlands exposes the threat that legalizing euthanasia poses to individuals and the society as a whole,” said Andreas Thonhauser, spokesman for Alliance Defending Freedom International. “Once a country allows euthanasia, as in the Netherlands, there is no logical stopping point.”

 

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News Briefs

Moroccan woman jailed on suspicion of procuring abortion

September 11, 2019 CNA Daily News 1

Rabat, Morocco, Sep 11, 2019 / 02:58 pm (CNA).- A Moroccan journalist has been jailed for allegedly procuring an abortion and for fornication. The country’s penal code bars abortion except in cases when the mother’s life is endangered.

Hajar Raissouni, 28, was arrested Aug. 31 as she left a clinic in Rabat, AFP reported. Also arrested were her fiance, Rifaat al-Amin, and a doctor, nurse, and secretary from the obstetrics-gynecology clinic.

Her trial was due to begin Sept. 9, but has been postponed to Sept. 16 following protests.

All five are being held until next week’s hearing.

Raissouni writes for Akhbar Al-Yaoum, which is reportedly critical of the Moroccan government.

Prosecutors have said her arrest has “nothing to do with her profession as a journalist,” but some worry it is politically motivated.

Raissouni could face as much as two years imprisonment if found guilty.

The doctor, nurse, and secretary have been charged with carrying out and complicity in abortion, and face up to 10 years imprisonment, The Independent reported.

Saad Sahli, a lawyer for Raissouni and al-Amin, said that Raissouni had been receiving treatment for internal bleeding at the clinic where she was arrested.

After her arrest, Raissouni was taken to hospital where she was given a gynecological exam, another of her lawyers said, according to The Independent.

Prosecutors say there were indications of pregnancy and that she had received a “late voluntary abortion.”

Rabat officials have also indicated the clinic where the five were arrested if being surveilled, after reports that abortions are regularly procured there.

Raissouni and al-Amin have been religiously, but not legally, married, according to AFP.

Sunni Islam is the established religion of Morocco.

According to a group that support abortion rights, most abortion-related arrests in the country involve medical officials, and only rarely do they include the women who procure abortions.

In 2018, Moroccan courts tried more than 14,500 people for debauchery; 3,048 for adultery; 170 for homosexuality; and 73 for abortions, AFP reported.

Brunei, another Muslim country, adopted a penal code in April that punishes anyone who commits qatl (homicide) on a fetus by intentionally causing its miscarriage with diya (monetary compensation to the child’s heirs) and with up to 15 years imprisonment.

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News Briefs

Florist appeals to Supreme Court for second time over same-sex wedding case

September 11, 2019 CNA Daily News 0

Washington D.C., Sep 11, 2019 / 01:00 pm (CNA).- A florist in Washington state sued for declining to serve a same-sex wedding is once again appealing her case to the U.S. Supreme Court. In a statement issued Sept. 11, lawyers from the Alliance Defending Freedom said that Barronelle Stutzman’s case must be considered by the court for a second time.

Stutzman’s appeal comes after the Washington state Supreme Court ruled against her for the second time earlier this year, saying that “the adjudicatory bodies that considered this case did not act with religious animus” in ruling against Stutzman.

“Regardless of what one believes about marriage, no creative professional should be forced to create art or participate in a ceremony that violates their core convictions. That’s why we have taken Barronelle’s case back to the U.S. Supreme Court,” Kristen Waggoner, senior vice president of the U.S. Legal Division of ADF and attorney for Stutzman, said on Wednesday.

In 2013, the 74 year-old florist declined to make flower arrangements for the same-sex wedding of long-time customer and friend Rob Ingersoll, saying that she believed marriage to be a sign of relationship between Christ and His Church and she could not make a floral arrangement for a same-sex wedding. Stutzman referred Ingersoll to several nearby florists. 

Although Ingersoll did not file a complaint with the state, Stutzman was later sued by the American Civil Liberties Union (ACLU) and the attorney general of Washington state for discrimination.

“The Attor­ney General concocted a one-of-a-kind lawsuit, prompt­ing others to threaten and harass her,” ADF’s petition to the U.S. Supreme Court states.  

In 2017, the Washington state Supreme Court upheld a lower court’s ruling against Stutzman. In June of 2018, the U.S. Supreme Court vacated the ruling and sent the case back to the state supreme court, ruling that Stutzman’s case should be reconsidered in light of the Court’s Masterpiece Cakeshop decision.

In that decision, the Court decided that the Colorado Civil Rights Commission showed a constitutionally unacceptable hostility toward religion in ruling that Masterpiece Cake Shop baker Jack Phillips violated anti-discrimination law.

In June of 2019, the Washington supreme court again ruled against Stutzman saying the lower courts had not acted with impermissible hostility towards her religious beliefs.

“Although settled law compelled us to reject Arlene’s Flowers and Barronelle Stutzman’s claims the first time around, we recognized Stutzman’s ‘sincerely held religious beliefs’ and ‘analyze[d] each of [her] constitutional defenses carefully,’” the court’s decision stated. “And on remand, we have painstakingly reviewed the record for any sign of intolerance on behalf of this court or the Benton County Superior Court, the two adjudicatory bodies to consider this case.”

“After this review, we are confident that the two courts gave full and fair consideration to this dispute and avoided animus toward religion,” the ruling stated. “We therefore find no reason to change our original decision in light of Masterpiece Cakeshop.”

According to ADF, the state supreme court issued largely the same decision that it had previously, despite the U.S. Supreme Court’s order to reconsider the case in light of a new decision.

The Washington court said that the U.S. Supreme Court’s ruling against the Colorado Civil Rights Commission applied only to “adjudicatory bodies” and not executive officials like the state’s Attorney General, who brought the case against Stutzman. 

“In any event, we decline to expansively read Masterpiece Cakeshop to encompass the ‘very different context’ of executive branch discretion,” the Washington state supreme court’s decision stated.

In the petition to the U.S. Supreme Court, the ADF argues that the state court effectively excused religious hostility by a state executive official, and that the Supreme Court “should reaffirm that the Free Exercise Clause binds all state actors, not only adjudicators,” and citing four federal circuit court rulings that applied rules barring religious hostility to executive officials.

Stutzman says she stands to lose almost everything that she owns if she loses her case.

“This case is an ideal opportunity for the U.S. Supreme Court to reaffirm that the First Amendment protects people who continue to believe that marriage is the union of a man and a woman,” ADF vice president of appellate advocacy John Bursch stated.

“Particularly at a time when society is becoming more confrontational and less civil, it is critical that the courts honor the rights of citizens to speak and act freely, including those who strive to live consistently with their faith,” Bursch said.

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News Briefs

US bishops mark 9/11 with prayers

September 11, 2019 CNA Daily News 1

Washington D.C., Sep 11, 2019 / 12:00 pm (CNA).- On the anniversary of the September 11 terrorist attacks, Catholic leaders in the United States has spoken in honor of those who lost their lives, and praised the country’s resolve and unity.
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The Dispatch

Australian justice in the dock

September 11, 2019 George Weigel 19

Consider this sequence of events, familiar to some but evidently not to others: March 2013: Prior to any credible reports of misbehavior being made against Cardinal George Pell, police in Australia’s state of Victoria launch […]