ART Procreation Business in Belgium: It’s Already There

ART Procreation Business in Belgium: It’s Already There

In order to know the current rates being offered for oocyte donations, a Belgian journalist visited several fertility clinics throughout the country.

None of the clinics openly displayed their prices, since the Belgian law of July 6, 2007 concerning assisted reproductive techniques (ART) prohibits human gametes from being bought and sold. As stated in Article 51: “Gametes may be lawfully donated. Nevertheless travelling expenses or salary losses, as well as an allowance to cover any hospitalization costs for sampling the donor’s eggs may be reimbursed according to the King.

Some clinics offer lump sums of approximately 500 € as compensation to donors. According to a specialist at a private clinic, even greater sums of money are offered since: “if no money was offered, there would not be any donors.”  The highest rates are paid by the UZ Brussels clinic, where egg donations can be paid up to 2,000 €.

The journalist interviewed a 23-year-old student, who acknowledges: “A friend told me it was an easy way to make money (…). With 2000 €, I could buy a small car, help out my mother or pay for a holiday.” To meet the ever-growing demand for eggs, some hospitals turn a blind eye to donors’ motivations.

In the light of these lucrative offers, how can we be sure that young women are not donating eggs for the money?

In China, students donate their eggs to pay for their studies and can earn up to 50,000 € per procedure for oocyte sampling! The young women are chosen according to criteria based on aesthetics and their educational level. Although punishable by law in the event of an accident, this has visibly not deterred the procreation business traffic.

UN Requests that France Not Condemn Vincent Lambert to Death

UN Requests that France Not Condemn Vincent Lambert to Death

The UN Committee on the Rights of Persons with Disabilities (CRPD), is composed of independent experts in charge with implementing the UN Convention on the Rights of Persons with Disabilities (UNCRPD). On May 3, this UN Committee requested from France “interim measures”: the decision, rendered by the French Council of State on April 24, to stop nutrition and hydration for Vincent Lambert, should not be executed.

The Council of State rules unreasonable obstinacy

Indeed the French Council of State upheld Dr. Sanchez’s decision made a year ago on April 9, 2018, “to stop treatment” (nutrition and hydration) for Vincent Lambert, ruling it to be a medical case of unreasonable obstinacy.

Earlier this year on January 31, the Administrative Court of Châlons-en-Champagne had upheld this decision as being legitimate, based on three experts’ opinion. The report confirmed Vincent Lambert’s irreversible pauci-relational state, although continuing his food and water was not considered to be unreasonable obstinacy and furthermore, if deemed appropriate, he could be transferred to a specialized health care unit.

Following the French State Council’s recent ruling to stop Lambert’s food and water, his parents’ lawyers lodged two final and decisive appeals: to the ECHR and the CRPD.

New Appeal Refused by the ECHR

On April 30, the ECHR refused “the requests for interim measures that were submitted in order to suspend enforcing the French State Council’s ruling on April 24 2019, which would ban Vincent Lambert from leaving France” and stop his nutrition and hydration.

This ruling thus substantially confirmed the first decision made in June 2015 after multiple legal proceedings, which validated Dr Kariger’s decision (April 2013) to stop Vincent Lambert’s feeding and hydration.

Remember that Dr. Sanchez took over the Lambert case, when Dr. Kariger left the University Hospital in Reims. Sanchez then reinitiated the collegial procedure, rendering an identical decision as that made in April 2018. (Click here for a summary of the legal procedures dating from 2013 onwards).

 

Lambert’s state of health complies with UN committee’s definition of disability

The appeal for “provisional measures” lodged by Lambert’s parents’ was accepted by the Committee on the Rights of Persons with Disabilities (CRPD). Their objective is to keep Vincent Lambert alive, by maintaining his food and water. These emergency measures do not constitute any anticipated prejudgment of the Committee’s decision regarding the admissibility or the merits of the case which will be examined later.

This Committee is composed of 18 independent experts appointed by the member states. Like the ECHR, it can be called upon whenever national recourses have been depleted. It is charged with monitoring that the International Convention on the Rights of Persons with Disabilities (CIDPH) is properly enforced. France has adhered to this convention since 2010.

The French Human Rights Defender Jacques Toubon, responsible for ensuring France’s compliance with the CIDPH, states in the guidebook (dated December 2016, page 10): “After examining the communication and investigating the case within the State in question, the Committee issues the recommendations deemed necessary, for the State to implement the appropriate measures to correct the situation.”

France ratified this international convention for the protection of disabled people, and the additional protocol which establishes the CIDPH’s competence, allowing groups or individuals to seize this committee to intervene on their behalf. France now has six months to provide explanations.  French Health Minister, Mrs. Buzyn, considers that France is not obliged to follow the recommendation of the Committee adding that France intends to respect this procedure and take into account, in good faith, the recommendations which could be made.

As a human rights expert explains: “According to international law, compliance with the UN committees’ opinions are not compulsory, although the UN committees endeavor for their decisions to be binding. Generally, the States show their willingness to comply. Otherwise, the committee’s authority would be undermined.”

[Press Release] Alliance VITA Will Launch National Campaign in November to Protect Children’s Best Interest

[Press Release] Alliance VITA Will Launch National Campaign in November to Protect Children’s Best Interest

Even prior to the major associations’ hearing at the French National Assembly (Alliance VITA will only be auditioned on Wednesday, October 24th), Agnès Buzyn has already announced that the new bioethics bill will allow ART without a father, for single women and female couples.

Alliance VITA has decided to react vigorously to protect children’s rights and their best interests. In opposition to ART promoters, who demand to relinquish the criterion of medical infertility and exclude the father, Alliance VITA asserts that the French people are overwhelmingly and deeply attached to the father’s role, and for a child born via ART to be guaranteed the right to have both a father and a mother (IFOP survey, June 2018).

Tugdual Derville, Alliance VITA’s General Delegate states:

“Just a few months before the European elections, the French President cannot overlook the risk of provoking a clash in society due to deeply divided opinions. Macron cannot disregard the fact that only a small minority lobbies to relinquish the infertility criteria and accept ART without a male partner. This minority has already spoken out with masculine claims for surrogacy, although this practice essentially treats women’s bodies as instruments, exploited as suppliers of raw materials. Following Mrs. Buzyn’s announcements, our teams will organize widespread campaigns throughout France as early as November, to protect children’s rights and their best interests. ”

Vincent Lambert, surprising and worrisome appointment for his tutor

Vincent Lambert, surprising and worrisome appointment for his tutor

For Alliance VITA, the decision of the Reims’ judge to appoint Vincent Lambert’s wife as his tutor is surprising and worrisome, even if the implementation of such a measure for 10 years proves that he is not at the end of life and that his condition requires appropriate protection.

This judgment is surprising because the nomination of a third party, outside of the immediate family, completely torn apart for years due to this painful situation, seemed to be the wisest decision. The Public Prosecutor himself had proposed this solution, with Mrs. Rachel Lambert as substitute tutor. The guardianship judge esteemed better to decide the opposite, meaning Mrs. Rachel Lambert as tutor and the Union for the Department and Association of Family services (UDAF) in the Marne as substitute tutor. It is to be feared that this decision will not ease tension however necessary this may be to search for consensual solutions.

This decision is also worrisome for the future, since Mrs. Lambert gave her approval in 2013 to stop hydration and feeding of her husband, until his death according to an “end of life protocol”. Implemented by Dr. Kariger, this protocol was stopped after a month at the request of Vincent’s parents.

Tugdual Derville, General Delegate for Alliance VITA states « for us what seems to be the most surprising in this painful affair, is that Vincent Lambert for such a long time, no longer benefits from specialized care adapted to his condition. It would be disappointing if the new appointment for his tutor should prevent his transfer to a unit for severe cranial trauma. After years of hearing Vincent Lambert presented as a dead man with a suspended sentence, the French risk to forget that he is truly alive. As nearly two thousand other individuals live in a neuro-vegetative or semi-conscious state, and their humanity cannot be denied.”

Abortion: the continuous build-up

Abortion: the continuous build-up

The future health law was voted on April 14, 2015 by the National Assembly and the 57 articles will be presented to the Senate. But few have realized the implications concerning abortion. Tugdual Derville, Alliance Vita’s General Delegate clarifies this point.

What’s your analysis of the Health law measures concerning abortion?

Tugdual Derville: Generally speaking, the government left the most ideological parliamentary members of its’ majority party unrestricted, as if they were sheltered by the more prominent debate surrounding direct payment of health fees by national health insurance. Under Catherine Coutelle’s leverage, as president of the National Assembly delegation for women’s rights, the previous delay for reflection of one week before an abortion has thus been eliminated.

The measure was officially voted against the government’s counsel, but without Marisol Touraine demonstrating any real resistance. However, the executive was supporting additional measures which have been voted: the possibility of having an abortion performed in health centers and the unconditional access for minors to the alleged “emergency contraception”. Allow me to recall that the partially abortive characteristic of the widely used day-after pills remains largely disguised. A minor needs his parents’ signature to take an aspirin, but can obtain an early abortion in complete anonymity. Under these conditions, it’s not easy to ask parents to exercise their responsibility; and if their daughter breaks down psychically or mentally, they are the first to be confronted, without knowing the reason for her distress.

What is the objective of these changes?

All of the measures are obstinately lined up to “facilitate abortion” more and more, trying to gradually eliminate all boundaries, going so far as to vote an amendment which defines, for health centers, a ‘quota’ of abortions to be performed per year. Family Planning succeeds in putting through the same victimization argument for over 40 years, in contradiction to statistics: access to abortion would be “an obstacle course for women.” Many being “still condemned to go abroad”! The only change: Family Planning doesn’t envisage that contraception makes abortion “an exception” and henceforth refuses the idea of reducing the number of abortions. They affirm “Women abort; don’t make a tragedy out of it.” It’s true that almost 4 out of 10 French women of child-bearing age have had recourse at least once to a voluntary interruption of pregnancy.

The so-called ‘Veil law’ is virtually considered as sacred, either by the history books or by the political class, thus infringing on secularity. It’s the archetypical icon of our democracy that gives homage to an act deprived of public honor, a strange conclusion of the republican slogan applied to women. But the legal procedure in vigor today doesn’t have much to do with that which was promised to be “a balanced equilibrium” in 1975. By successive slidings, abortion has become the uncontestable norm.

And what about the mid-wives?

If the text is voted in its’ actual state, mid-wives will soon be up to deliver pills for medication abortion. It’s a complete change of paradigm, because up until now, the essence of the profession has been to take care of the pregnant woman and her child up until birth. In years past, the constitutional Counsel had invalidated the same reform voted by the preceding majority, for reasons due to its form.

Where can this lead us, using this sort of thinking?

It’s a political scheme of taking baby steps, always going as far possible, to “advance” without shocking the public. The Health Minister admitted having abdicated her support for shortening the legal delay to 48 hours for a convoluted reason: to not give the impression of benefitting from the January 11th atmosphere to push forward some policies that are “difficult for some to accept”!

Regarding possible forth-coming aggravations, “it’s not up to me to give any new ideas to the liberal lobby.” The example of certain laws which are even more transgressive than ours, (British, American…) provide a sufficient source of inspiration. What is most sad, it is that this libertarian thirst is all the more unquenchable than it doesn’t produce any relief… Thus it isb destined for failure. An irremediable act which finalizes the destiny of a human being by provoking his premature death can be hidden under all sorts of justifications; it will never be a source of inner peace or true freedom for women. France will only be liberated from such a denial by facing the true facts…

How can Alliance VITA contribute?

By giving women the liberty of speech, and by never judging them. The key issue for us, who have accompanied more than 10, 000 women concerned by the subject of abortion, is that awareness be not a source of despair but a true consolation.

What concerns us, is the inevitability that weighs on numerous women who find themselves faced with unplanned pregnancies. And also on those women who have already experienced abortion. More and more often we here pregnant women tell us “I’m ashamed not to know what I should decide!” and many of those who have experienced an abortion confide: “I’m ashamed of suffering!” There’s a pressure for pretending to feel well that weighs on them. “Just abort and shut up” is the essence of the public’s message.

By refusing them the right to hesitate, we deny that there are emotional complexities linked to pregnancy; and minimize the natural ambivalence faced with one of life’s essential upheavals that we ordinarily recognize for other ordinary circumstances…Ultimately, by denying women’s suffering, we condemn them to suffer in silence. This is very brutal. To appear emancipated, women must renounce their identity, in the area which is the most precisely feminine: maternity. And one speaks about women’s liberation!

What can we expect from an alternate policy on this subject?

Courage, but above all political lucidity… One still needs a certain amount of courage to confront the still popular lobbyists who monopolize the media “in favor of the women’s movement” and paralyze the ruling party.

It would suffice for politicians with just a bit of lucidity, to understand that they can reach French men and especially French women by employing a different political discourse. As verified by several public questionnaires, a majority of French women expect public authorities to propose other alternatives to help them avoid abortion. As I said to Nathalie Kosciusko-Morizet : her analysis of the subject appears indigent, as if in such a domain, we should try to force private convictions to co-exist with opposing public ones. As if, somehow, the debate surrounding abortion were only confined to the realm of religion. Would one suggest the same thoughts about the death penalty? Whatever opinion one might have about the Simon Veil’s intentions, one should be honest enough to recognize that the breach opened by this law has proved unmanageable: the argument using exceptions for cases of distress was just a decoy. To date, the right-wing governments – for example, Roselyne Bachelot during the preceding 5-year term – have become largely subservient to Family Planning’s doctrine, whereas the latter systematically calls to vote for left-wing MP’s…

With Alliance VITA we provide an important social service aimed at helping pregnant women and those who need to be heard and accompanied because of an abortion that troubles them. Our guide “I’m pregnant’ is a public service mission that we accomplish in place of the successive governments that have abandoned this aid.

We continue to remain hopeful of convincing politicians to finally provide a real abortion prevention policy. This requires liberation from mainstream conformist thinking, which acts a straight-jacket. Looking from the standpoint of the current government, we are still far away. On the contrary it goes on building up. The legalization – thankfully controversial -, for ‘drug consumption rooms’ is the result of the same libertarian thinking.

Interview by Frédéric Aimard