by NexDev | July 8, 2016 | Disabled, Palliative care, Press Releases
Alliance VITA is troubled by the confirmation by the Reims Appeals Court designating Vincent Lambert’s spouse as his legal guardian on Friday July 8, 2016.
It should be noted that one of the major issues involved in this decision is not only for continuing or discontinuing artificial nutrition and hydration, allowing Vincent Lambert to continue living despite his heavy dependency and his poorly-relating state, it is now also a question of which Medical Center will care for him. Vincent’s parents have requested for him to be admitted to a center specialized for patients in “poorly-relating and neuro-vegetative states”. This would allow Vincent to benefit from physical therapy, occupational therapy and have outdoor access for fresh air that he has been deprived of for years.
Contrary to the recommendations from the General Counsel, Brigitte Montambault, the Reims Appeals Court did not re-equilibrate Vincent Lambert’s guardianship by taking into account the deeply divided views between his spouse and one part of his family, and on the other side his parents and some family members.
Tugdual Derville, General Delegate for Alliance VITA and author of ‘‘The Battle of Euthanasia ’’ (Salvador 2012) notes:
« It’s not a question here of pretending to decide between painful differences between a spouse and parents. It’s a question of giving Vincent, via an independent guardian, every chance to be accommodated favorably, in accordance with his condition, and not the personal desires of different family members. The debate regarding the alleged urgency to see him die has in fact eclipsed the genuine scandal of his confinement and being deprived of necessary care for his heavy dependency. Don’t forget that Vincent’s case also concerns thousands of patients today in France who live in comparable state, although family situations are always unique. If, from a distance, many French believe these conditions to be unbearable, one should admire the courageous commitment to care-givers and their family members who remain devoted at their bedsides. More than one can imagine, taking care of dependant family members is an honor to society and one of the most uncontestable signs of humanity.”
Alliance VITA hopes that beyond the worrisome legal decision, an alternative solution devoid of emotion will be found for Vincent, which would truly render service to Vincent Lambert and his loved ones.
by NexDev | July 6, 2016 | Medically Assisted Procreation
The President of the French Republic announced this past June 30th, his desire to repeal a circular reminding gynecologists not to encourage Medically assisted procreation (MAP) abroad since it is forbidden in France.
The French Minister for Families, Laurence Rossignol, who is strongly opposed to this circular, was nonetheless published by her colleague, Marisol Touraine, Minister of Health, who gave large media coverage to this announcement, explaining in the Public Senate “there is no reason to complicate the lives [of lesbian couples] ». Several other public figures have since expressed their opinion, notably on July 6th, Nathalie Kosciusko-Morizet.
In fact, the circular in question is a letter from the Health Minister addressed to the National Order of Doctors on December 12, 2012, and forwarded to the Order’s Departmental Council on January, 13, 2013. This letter is intended to fight against the commodification of procreation and against foreign companies soliciting surrogate business. It underlines that it is illegal to encourage such practices abroad and recalls that the criminal code punishes “mediation for fostering the procurement of gametes” (article 511-9 of the criminal code). But if the text was repealed tomorrow, it would not signify that the sanctions set out would be abolished: only a new law would be able to do that. Repealing the circular is first and foremost a political and ideological message.
Recall that a recent informational report from two members of the Senate’s Legal Committee, Yves Détraigne (UDI party ) et Catherine Tasca (Socialist), dated February 17, 2016 and dealing with the consequences of having recourse to medically assisted procreation (MAP) and surrogacy abroad, concluding that MAP should not be allowed for same-sex couples. The rapporteurs underline that by eliminating the prerequisites of medical infertility and sexual alterity, the French conception of MAP is turned upside down, paving the way for “the right to a child” and “procreation of convenience”. In reality this practice is a serious infringement on filiation rules and children’s rights.
Alliance VITA’s opinion :
Tugdual Derville, Alliance VITA’s General Delegate notes: « This maneuver by the government is simultaneously cacophonic, deceptive and unfair. Cacophonic: because Laurence Rossignol is pleased to take the opposite stance of Marisol Touraine. Deceptive: because she would have us believe that the executive power is capable of suppressing the impact of criminal law. Abolishing a circular letter that only emphasizes the seriousness of commodification practices for procreation abroad, has no affect whatsoever on the law banning this practice. The government cannot place itself above the legislative provisions, which continue to be in force. What is preoccupying is the particularly confusing signal addressed to the public: practices which are illegal in France are being encouraged abroad, since it is announced that promoting these practices should go unpunished. It must be reaffirmed that it is of no interest to any child, to be deliberately deprived of his paternal filiation. Turning a blind eye to fraud of French law by “procreative tourism” is to encourage the de facto decriminalization of these practices contrary to children’s rights. This is as appalling as it is unfair. This is why today we encourage all legal and political initiatives capable of protecting children from this libertarian shifting, especially as it is accelerating one year before the national elections.”
Caroline Roux, who coordinates the SOS Baby Listening Services for Alliance VITA on maternity issues, reminds that MAP by donors poses ethical and human considerations. “Pretending that women alone or in couples can have recourse to in vitro insemination or fertilization with a donor to give birth to children “without a father” is the same as misappropriating the practices reserved for cases of medical infertility to make it a way of trivializing procreation. It constitutes a double penalty for the children: in addition to the original abuse of seeing children deliberately deprived of their biological origins, is added that of being cut off from all paternal relationships”.
by NexDev | July 1, 2016 | Bioethics
On June 30, 2016, the revue Cell Stem Cell published a study on the use of stem cells in the United States. It revealed that 570 U.S. clinics offer care based on using stem cells which are not authorized by the FDA.
In 61% of the procedures proposed by the clinics, the stem cells are derived from fatty tissue, and for 48% of the clinics, it comes from bone marrow. One per cent use pluripotent cells made in laboratory from adult cells and one clinic proposes embryonic stem cells. Therefore every year, tens of thousands of Americans are treated by stem cells that have not been officially approved by the FDA.
The clinics involved are spread out throughout almost every state of the U.S. “This business is exploding in front of our eyes and I don’t think we are aware of its extent or its size”, notes Leigh Turner, co-author and member of the Center for Bioethics at the University of Minnesota. Businesses are promoting these treatments, which are still experimental, for orthopedic conditions, spinal cord injuries, neurological disorders, and pulmonary problems as well as for cardiac diseases and even for cosmetic applications.
« This therapy is available in almost every state (…) so Americans no longer need to go to Mexico”, explained Paul Knoepfler, researcher at the University of California and principle co-author of the survey. He emphasizes: “This means there is a change regarding typical medical tourism for care using stem cells” compared to what was previously seen.
For the authors of the study, this phenomenon could have a negative impact: “Patients using this treatment with unapproved stem cells may experience negative side-effects, and the public may become distrustful”.
The FDA specifies they will organize two public meetings in September on stem cells and human tissue as well as cell-and-tissue-based medical products and therapies.
Major and confirmed risks:
Regarding risks, the New England Journal of Medicine reported in the June 22 edition a dramatic case of a patient who was attracted by promises of being cured. At the age of 66, he was suffering residual deficits from an ischemic stroke. By visiting different commercial stem-cell clinics in China, Argentina and Mexico, he received infusions in the cerebrospinal fluid supposedly originating from embryonic and fetal neural stem cells. After these “treatments”, progressive lower back pain, paraplegia and urinary incontinence subsequently developed. Further analysis revealed he had developed an “unclassifiable” tumor which could not be assigned to any category of previously described tumors, from the foreign stem cells injected.
In a forum in the International Journal of Medicine, Dr. Anastasia Roublev specifies that this case “confirms the major risks that can be associated to the introduction of stem cells in the organism, risks especially related to the proliferation of these embryonic cells and thus the rapid appearance of mutations which could enhance malignant transformation”.
by NexDev | July 1, 2016 | Uncategorized
In the June 24, 2016 press release, Defender of Rights Jacques Toubon expressed his opinion in favor of simplifying the administrative procedure for gender reassignment on the civil registry. He recommends modifications be accomplished by a simple, rapid and clearly-stated declaration, in front of the Office of the Local Civil Registrar.
This opinion stance has been voiced while the subject is being debated in the bill “Justice for the 21st Century” which has been the focus of an expedited procedure. Although the initial bill had no provisions for this area, the National Assembly adopted in first reading article 18 quater which already greatly facilitates the procedure for reassigning gender.
In re-examining the text in the second reading, after being rejected by the Joint Committee, the Legal Committee of the French National Assembly adopted several amendments on June 29, 2016. The procedure is aimed at further simplifying the process of reassigning gender, especially by completely “eliminating medical criteria”. The individual requesting the reassignment no longer has to produce a medical certificate (to demonstrate that he/she has the attributes of the requested gender). Moreover, no condition of irreversibility such as sterilization is demanded.
A rapid and easy procedure:
To summarize, an individual can now request gender reassignment for the civil registrar by appealing to the District Court. The judge’s role has yet to be decided; the rules will have to be addressed by a decree from the State Council. The procedure will be extremely simple and very rapid, since the adopted amendment specifies that the mention of gender reassignment be noted on the civil registry within three months of the court order.
If these initiatives are conclusively voted, in France a woman who is reclassified as a man on the civil registry, and maintains her feminine physiology could carry a child and give birth. Equally, a man could be classified as a woman on the civil registry, all the while keeping the status of being a father.
For further information:
– June 29, 2016 Amendments at the Legal Committee of the French National Assembly
by NexDev | July 1, 2016 | Uncategorized
Starting July 1, 2016, in addition to ‘ordinary’ contraceptives, medical consultations for prescriptions and laboratory testing related to prescriptions for contraception (pills, implants, and intrauterine device) will become free and anonymous for 15-18-year-olds.
The decree N° 2016-865 concerning the financial sharing for costs related to contraception for minors who are at least 15 years old was published on June 29, 2016 in the Official Journal.
Effective starting July 1, it defines the conditions under which the financial participation for health insurance related to contraception for minors is eliminated. It specifies that certain costs will be eliminated such as those for biological laboratory exams, annual medical consultation, follow-up consultation, as well as having intrauterine devices inserted or removed. Therefore, these costs will be covered by national health insurance.
« Emergency contraception » has already been available with certain limitations for youth since May 26, 2016.
