Council of Europe rejects Surrogacy Resolution YET adopts draft recommendation


No Maternity Traffic and Alliance VITA are keeping a vigilant eye on surrogacy after the Committee on Social Affairs of the Council of Europe rejected the resolution on surrogacy. Indeed the Committee adopted a recommendation to be submitted for a vote at the plenary session of the Parliamentary Assembly at the beginning of October.  

No Maternity Traffic  welcomes the rejection of the draft resolution on surrogacy by the Committee on Social Affairs of the Council of Europe Parliamentary Assembly (PACE). This text is dangerous since it endorses the practice of surrogacy.

This rejection proves that it is achievable to obtain a parliamentary majority in favor of expressly prohibiting any form of surrogacy since this practice is indeed contrary to human rights.

No Maternity Traffic notes that the recommendation attached to the resolution was nonetheless adopted, after having been amended. The Assembly will discuss this amended text at its next plenary session in October.

This project recommends for European member States to draw up guidelines to safeguard the rights of children born to a surrogate mother.

No Maternity Traffic agrees with this main concern to protect children’s rights. However, if one sincerely wishes to protect children’s rights, the very principle of surrogacy , whether commercial or not, should be forbidden.

It is useless, and even blatantly dishonest, to pretend to fight the consequences of surrogacy for children, without first condemning the original cause.

Surrogacy is unquestionably a step backwards as regards to women’s rights and the best interest of the child. All forms of Surrogacy are exploiting women and propagating child-trafficking, thereby depriving children of all or part of their filiation.

The international group No Maternity Traffic will continue its commitment and appeal to all the deputies of the Parliamentary Assembly of the Council of Europe to adopt a recommendation, as the European Parliament did last December, to condemn in clear words all forms of surrogacy, and to recommend for each country to adopt a joint policy on a European level.”

http://www.nomaternitytraffic.eu/cp-gpa-le-debat-continue-au-conseil-de-leurope/
For further information on this report: http://assembly.coe.int/nw/xml/News/News-View-FR.asp?newsid=6316&lang=1&cat=133

Belgium Euthanizes its First Child


 

This past September 17, the head of Belgium’s Federal Control and Evaluation Committee on Euthanasia, Professor Wim Distelmans, confirmed to the Dutch newspaper “Het Nieuwsblad” the first case of euthanasia performed on a minor in Belgium.

No specific information concerning his case was revealed, except the fact that this young 17-year old person was suffering the final stages of a terminal disease.

Since the February 28, 2014 law decriminalizing euthanasia and extending the original law dated February 28, 2002, Belgium is the only country in the world to have legalized euthanasia on minors without any age restrictions.

Nonetheless, some specific criteria must be met:

  • The minor must «possess the capacity of discernment”, which means he must be able to make life and death decisions rationally.
  • The minor must be in “a medically futile condition with constant and unbearable physical suffering which cannot be alleviated, resulting from an accidental injury or a serious incurable pathology, with death foreseeable in the near future.”
  • The minor must be examined by a child psychiatrist or psychologist to specify the reasons for his choice.
  • The minor must obtain agreement in writing from his legal representatives (usually the parents).

Since the law was adopted, a few requests from minors had already been received, but until now, no cases had been granted the right for euthanasia. “Fortunately there are very few children who are in such a situation but this does not mean we should refuse them the right to a dignified death,”  Professor Wim Distelmans told the Het Nieuwsblad newspaper.

In its report on euthanasia of minors, the European Institute of Bioethics recalls that almost 200 pediatricians stated, shortly before the extension of the law: “As of today we are perfectly capable of controlling physical pain, smothering or anguish in the throes of death. Established palliative care teams for children are fully able to relieve pain, whether in hospital or at home.” And: “Even the most complex medical cases can be addressed through available means and expertise within the present legal framework.  For whom, then, is this law intended?”

Henri de Soos, Crisis Center Manager for Alliance VITA’s SOS End-of-Life hotline

“We can easily imagine the heartbreaking anguish and frustration felt by this young person and his family in making such a decision on euthanasia. Based on our crisis center listening experience and on the statements of pain specialists, we can confidently state that it is not legitimate to claim that euthanasia is the only possible solution. If physical pain – which in legal terms is the only valid criteria to justify euthanasia of a minor in Belgium – was too unbearable, how could we be sure that all alternatives proposed by palliative care were attempted, including if necessary, using sedation for terminal stages? There is an enormous difference between doing everything possible to relieve pain, even at the risk of hastening death, and causing death deliberately in a few minutes time by injecting a lethal substance. Unfortunately this new case is an example of the slippery slope that Belgium started in 2002, with a constant increase in the number of euthanasia cases, the persistence of numerous unreported cases of euthanasia, the distortion of highly publicized assisted suicides, the controversy over organ donations, and the obstination to eliminate the freedom of conscience clause, etc.”

For further information: Decoder N° 35, Euthanasia in Belgium, November 27, 2013 (currently being revised).

Web site SOS End of Life: http://www.sosfindevie.org/

Surrogacy alert: the Council of Europe will vote again


On September 21, the Council of Europe will debate again on a report and a draft resolution on Surrogacy. The danger is to endorse this practice in Europe.

This highly controversial new report is once again presented by Petra De Sutter, Belgian senator and gynecologist. This is a repeat performance for this rapporteur, who was accused to face a conflict of interest: she herself is involved in surrogacy practices in her professional activity and her connections with an Indian Clinic have also been unveiled. Her first report which was rejected last March 15, was intended to set forth European guidelines for surrogacy; in other words to legitimize this practice in contradiction to Human Rights and human dignity.

After the examination of a new report was suspended last June, it was finally scheduled for September 21, 2016, and will be held in Paris, where exceptionally, the Social Affairs Committee will meet in private proceedings.

Caroline Roux, VITA International’s director states: « We are extremely concerned about the presentation of this « modified » report which is kept completely secret, and reserved for parliament committee members only. Furthermore it has been decided that, exceptionally, it will be debated in private proceedings. The rapporteur, gynecologist, Petra De Sutter, herself practices surrogacy and makes a “subtle” distinction between a surrogacy which would be acceptable if strictly controlled, and a so-called commercial surrogacy which she condemns. Commercial surrogacy, whether it is controlled or not, is a form of mistreatment to children that can never be repaired, and a modern slavery for women by exploiting their bodies. Surrogacy is definitely a step backwards against women’s rights and the best interest of the child. Alliance VITA is confronted to couples who experience infertility and sterility. We are aware of their suffering and extremely sensitive to this difficult ordeal. But as a guarantor of Human Rights, the Council of Europe cannot endorse surrogacy since this method of procreation constitutes a violation of fundamental human rights and has serious consequences for women and children. We request for the elected representatives of the Parliamentary Assembly of the Council of Europe, and especially the French parliamentarians, to reject this text and to actively work toward a universal ban on surrogacy, as promised by the French Prime Minister, Manual Valls.

Alliance VITA is a member of No Maternity Traffic and actively supports the call for demonstration on Wednesday September 21 in Paris, from 8:15 to 9:15 am in front of the Council of Europe, 55 Ave. Kléber 75016 Paris. The international collective group No Maternity Traffic officially presented to the Parliamentary Assembly of the Council of Europe a petition which was found receivable by the Council, with more than 100,000 signatures from European citizens calling for a universal ban on all forms of surrogacy.

Alliance VITA Calls to March on October 16, 2016


The Alliance VITA association announces its support for the call to march launched by “La Manif Pour Tous ” on Sunday October 16, 2016.

For Alliance VITA a new national march during the French pre-election year is more vital than ever, since the Valls’ government has not kept its promises to act on an international level against the surrogate mothers’ traffic and procreative tourism which is insidiously being implanted in France. The latest initiatives concerning the transformation of marriage and family policies turn human relationships and social cohesion completely upside down. Urgent action is needed to correct such injustice. Politicians must be bold enough to change a legislation which does not serve the best interest of the child nor the families.    

Tugdual Derville, General Delegate, who will take part in the demonstration on Sunday October 16, and is also a guest at the Annual Convention of La Manif pour Tous, on September 18, for a debate with Dr. Laurent Alexandre* states:

« If there is one topic which justifies our huge demonstration, it is that of surrogacy, which I associate with the menace for children, of Assisted Reproductive Technology “for women”, leaving fathers out. In France and throughout the world, Surrogacy has become the key issue for civilization; insofar as what is simultaneously being contested here is the status of women, children and of the human body. Are human beings objects or subjects? Whether biotechnologies will serve us or enslave us tomorrow really depends on how we answer this question. Alliance VITA is aware that the promise of these do-it-yourself procreative projects give rise to more and more outrageous claims, for which the weakest will bear the cost. It is no longer enough for electoral candidates for the next election, to parade proclaiming to be against surrogacy, we must adopt tangible initiatives to stop this inhuman business even if it means opposing the European courts that intend to force France to abide by these practices. In these troubled times we are facing, France must insist again on the sacrosanct respect for human dignity. Unbridled consumerism and utilitarianism are threatening the identity of France and its’ worldwide influence .”        

Alliance VITA teams will be active during the entire pre-electoral period promoting ethical policies respecting human dignity, in all political parties. The association runs two crisis centers: SOS baby and SOS End of Life, and makes a critical analysis, day after day of the ethical and humanitarian challenges, of political programs and decisions related to human life.

*Surgeon, specialist on « Transhumanism, founder of « Doctissimo », author « The Death of Death »; JC Lattès 2011.

The Jean Mercier Case: defending a cause shouldn’t hide the true facts


The criminal appeal process for Jean Mercier started in Lyon on Thursday September 8. A penalty of one year suspended sentence was requested for “punishment as a matter of principle” for this 88-year-old man, who helped his wife put an end to her life in 2011.

On October 27, 2015, this octogenarian was convicted of failure to assist a person in danger to a one year suspended sentence. In spite of receiving a lesser sentence than the 3-year suspended sentence received in the first instance, he filed an appeal for his conviction, and so did the prosecutor, and his case was retried in Lyon.

The General Counsel, Fabienne Goget, noted that Josanne Mercier was not at the end of life, that she did not have an incurable disease, but suffered from osteoarthritis and anxiety and that death was not the only solution for this 83-year-old woman. The Magistrate emphasized that “Jean Mercier acted according to philosophical convictions and that he assumes the responsibility of his action», citing” the couple’s membership in the Association for the Right to Die in Dignity” (ADMD) which is permanently present in this case. The association’s supporters, including their president, Jean-Luc Romero, were present to show their support for the defendant.

The General Counsel specified however that “this case should not be manipulated to defend a cause, and hide the true facts”. And that what should count there « is the principle of a symbolic minimum sentence under which we should not go”. She concluded by requesting for the Court to confirm the Criminal Court’s ruling in Saint Etienne.

Jean Mercier recalled the facts of the morning of November 10, 2011, when his wife, having broken her wrist, woke up complaining. She asked him to “bring her medicine” and some morphine, and to help her take off the capsules. According to Jean Mercier, “it was the first time she was imploring me, and as we had promised (to help each other die)”, continued the octogenarian,” I had no other choice to do otherwise”.  

Evoking the « dominant-dominated » relationship in this couple married for 55 years, his lawyer Mickaël Boulay asserted that he had “kept his word to his spouse” and pleaded for his acquittal.

Outside the courtroom, Jean Mercier declared: « I don’t care about the sentence, I prefer to be acquitted but what counts, is the struggle that I’m waging to move things forward. »

According to Tugdual Derville, Alliance VITA’s General Delegate:

« One thing is to try to understand this woman’s suffering, in a position of dependence and distress, without adding to her husband’s suffering, who since this tragedy has been confined in his self-justification. Another thing is to point out how this “assisted suicide” tragedy is purposely being exploited in order to advocate euthanasia. Mr. Mercier has come out from hiding. As for the other cases that we have analyzed (The Euthanasia Battle, an investigation of 7 upsetting French cases*) euthanasia promoters focus on victimization, thereby camouflaging any alternative to suicide or euthanasia.  

On the one hand we are tempted to keep silent in front of such private situations, but on the other hand, in this particular case as well as in others, we have to say that suicide is never the right solution. The humane solution to suffering is rather to offer an adequate assistance to vulnerable individuals. »