& L. 557 (2006). 13. Kate slowly started to get sicker and eventually died. 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. Anna sued her parents for the right to her own body, for Kate and for herself. 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. In Alabama, for example, any person aged fourteen and over has the authority to consent to medical procedures.18 In Delaware, any minor may lawfully consent to certain medical treatments if reasonable efforts were made to first obtain consent from the parents.19 For some states that provide the mature minor doctrine by judicial decision, the minor must meet certain criteria to prove that he or she can provide informed consent to the procedure, and sometimes it must be determined that the medical procedure would be the in the minors best interests.20. Parl. What are the social issues in the movie or book My Sister's Keeper? Sure, the time-honored truth about the frailty of life certainly springs to mind. After viewing the video, My Sister's Keeper (Johnson & Goldman [Producers], Cassavetes [Director], 2009), students explored the ethics of genetic selection, personal/professional values and the . Kaye had gotten to the point where she couldnt cope physically. 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. Before Anna was born, Brian and Sara (the parents) wanted to save Kate's life. Second, there is a strong moral theme regarding the morality (or lack thereof) of Anna's parents continuously using Anna's body as a resource for Kate. Later in the story, it is revealed that is was Kates idea to not want Anna to donate anymore. Is it ethical to create a child with specific genetic factors? Migration and population study guide. 21. My siblings matter to me and I wouldn't want to see them out of my sight ever. Accessed 1 Mar. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. It is important as a health care provider to make sure the patient keeps their autonomy while informing them about what the best options are even if it is against what they want. Sara and Brian live an idyllic life with their young son and daughter. Vocabulary Workshop test 13-15. The mature minor doctrine should ultimately be available to all minors in all situations, and they should enjoy the most freedom from state interference and intrusion. Cain was jealous of Abel at how the Lord was pleased with his brother. 705 N.E.2d 1155 (Mass. The most obvious struggle for Anna In her desicion to pursue legal action . : Medical Decision-Making Autonomy and the Mature Minor Doctrine, 13 Ind. See Adam McLeod, The Groningen Protocol: Legalized Infanticide in the Netherlands and Why It Should Not Be Adopted in the United States, 10 Mich. St. J. Med. 122. My Sister's Keeper examines what it means to be a good parent, a good sister, a good person. 20069 . 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. Please explain the quote, "You don't love someone because they're perfect. And now Anna's parents are insisting that she give her sister a kidney. Casey is considered the case that fixed the legal recognition of abortion rights. Chances are, Id still be floating up in Heaven or wherever, waiting to be attached to a body to spend some time on Earth. Name a treatment Kate has, and tell me some of the side effects she has to deal with. 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. Anna, the story's protagonist, is brought into the. A sister is not jealous of her sibling's calling: Now Cain said to his brother Abel, "Let's go out to the field.". 2002). 1. My Sister's Keeper Review and Study Guide. And her best work, like the 2004 bestseller My Sister's Keeper, also poses timely ethical questions that ultimately leave the reader with plenty of food for thought. 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. And the film does well what many other dramas about . This is in line with American notions of informed consent and easily transferable to a minors right to refuse treatment. Other sets by this creator. The Movie: My Sister's Keeper, a New Line Cinema production, in theaters on June 26, 2009 and is rated PG-13. Movies. For those concerned about the integrity of the story, however, it's difficult for a casual Picoult fan like myself to decide if the new ending really makes that dramatic of a difference, considering how truly sad the story is in the first place. Id. 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. at 745. She wants to have a say in how her body is being used, and she sues her parents for medical emancipation. Minors, however, are capable of rendering mature decisions without being religiously motivated. 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. 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. The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). LIVING IN THE MOMENT & HOPE. Download the entire My Sister's Keeper study guide as a printable PDF! 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. My Sister's Keeper (2009) cast and crew credits, including actors, actresses, directors, writers and more. 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. In the book, My Sisters Keeper, by Jodi Picoult, a family goes through something many people couldn't even imagine, their daughter being seriously sick. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. More than that, however, is a renewed sense of thankfulness for my faith as an anchor in life's most challenging moments. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. For the uninitiated: If you're looking for a happy-go-lucky beach read, Jodi Picoult's novels are never the way to go. I was engineered, born to save my sister's life." Cloud State University M.A. Well, until the doctor gives them a bit of controversial, off-the-record advice that could potentially make a significant differencehave another baby that's genetically engineered to perfectly match all of Kate's needs, whether it's for blood, bone marrow or even a kidney. Latest answer posted August 26, 2009 at 6:42:54 AM. 106. Minors should have the right to refuse lifesaving treatment based on their right to bodily integrity if they can show that it is in their best interests. 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"? In Bertens theory, it describes that moral value that must be separated with other values because moral value is different with other values. My Sister's Keeper Published by Admin at 19 , 2561 76. App. My Sister's Keeper. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. The moral agent, Ana, faces moral obligations to save her sister by serving as an organ bank. As Anna enters her teen years, she starts to question the entire purpose of . Communicative Competence 1 Linguistic 2 3 4. 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. 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. from Franciscan University of Steubenville M.A. the conduct and demeanor of the minor at the time of the incident involved would determine whether a minor had the capacity to consent to medical treatment.15 Other states have adopted the doctrine by judicial decision or statute,16 although with slight variations.17 In some states, the criteria of the doctrine are more accommodating than others. All rights reserved. "my sister's keeper"). Judi Picoult had successfully published My Sister's Keeper in the year 2004. eNotes.com will help you with any book or any question. Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. One of the ethical principles that can be found in the movie "My Sister's . In re E.G., 549 N.E.2d 322, 325 (Ill. 1989). 2d 548, 553 (Fla. Dist. She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. 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. 92. of Soc. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. Throughout the movie, 926 Words 4 Pages Decent Essays Read More Better Essays from St. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. 66. View My sisters keeper reflection paper.docx from PHIL MISC at Wesleyan University-Philippines in Cabanatuan City. Based on Jodi Picoult's same-named novel, MY SISTER'S KEEPER is a bona fide tearjerker. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). 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. Similar factors appear in other early cases that helped shape the mature minor doctrine. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. 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. The moral lesson of the Two Brothers is that blood is thicker than water. Id. Below is an explanation of the virtue ethics as a theory. The Fitzgerald's have been ethically right in the donations they have taken from Anna up until the . Reproductive rights have been imperative to the formation of the mature minor doctrine. 105. I would not listen to them, and continue helping them get better. Is the ending of My Sister's Keeperhappy or sad? My sisters KeeperCan someone help me formulate the cultural context of this novel? But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. . 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. 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. "Moral value is value that must be separated with other values. Instances where moral values would be in conflict would be when the parents must ask themselves, does it make them bad parents to use one child to save another? 39. 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. Anna would constantly give blood to Kate in order to save her life. 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. 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. 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. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. Kate goes on a date with Taylor. 20 terms. 359, 38789 (2000). In certain contexts, this right is one that has already been recognized, but overall, is in need of expansion. Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. INTRODUCTION Literary work produced by people is a medium to express ideas, feeling, or to describe someone or something. The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . (2010). . But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. They're tearjerkers, but never inThe Notebook sense. Summary Read our full plot summary and analysis of My Sister's Keeper, scene by scene break-downs, and more. Step 2) Discuss and explore central . L. Rev. Every value will get quality if it has relation with other values". of personal autonomy and bodily integrity,97 characterized the newly recognized right to abortion as an extension of the powerful right of physical liberty. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. In addition to capturing the dramatic physical changes that inevitably come as the cancer spreads and the retching that results from chemotherapy sessions, it also shows the 24/7 level of dedication that's required to care for the afflictedand how family members suffer in the wake of its all-consuming nature. 123. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. 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