In foreign jurisdictions, however, minors have recognized rights against parental decision-making that are based in their bodily integrity rights. If the nature of the treatment is also considered in these circumstances, then a fact-finder could potentially decide a minor lacks maturity based on the course of treatment he or she wishes to elect. 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 rule of sevens is a common law rule of capacity that states that under the age of seven, a minor lacks capacity; between the ages of seven and fourteen, there is a rebuttable presumption of no capacity; and between the ages of fourteen and twenty-one, there exists a rebuttable presumption of capacity. I would not listen to them, and continue helping them get better. Let's examine 1. 63 terms. Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. LIVING IN THE MOMENT & HOPE. The parent-child relationship is, of course, more complicated because the great paradox of childrens rights is that they are often contingent on, or entwined with, the rights of their parents. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. Kate's leukemia (APL) has affected every single one of her family members in that way. See id. She traveled to find her sister on her own. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). It made me wonder, though, what would have happened if Kate had been healthy. 16. In Massachusetts, a determination of a minors maturity is also influenced by the minors ability to demonstrate that he or she is capable of giving informed consent to the procedure.34 This legal standard also exists in Arkansas, Idaho, Illinois, Kansas, Maine, Nevada, Tennessee, and West Virginia.35 Generally speaking, consent is considered informed if the patient demonstrates the capacity to make decisions; if he or she is provided with adequate information so that a reasonable person in the same position would be able to make an informed decision; if an appropriate amount of information is disclosed to the patient; and if the patients decision was made without the influence of fraud, coercion, or duress.36 Minor-patients, however, do not have the same rights to informed consent when they are under the care and custody of their parents.37 This is justified not only as existing under the umbrella of parental rights, but also because the law presumes that parents always act in their childs best interests, that children are incapable of making their own medical decisions, and that parents have the capacity and maturity to make difficult decisions, and also because parents tend to bear the burden of medical treatment costs.38 A minor-patient must rebut these presumptions in order to demonstrate that he or she is capable of rendering informed consent. Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). If You Take Your Sci-Fi with More Depth Than Octane, Consider, 3 Bad Church Approaches to Good Money Stewardship, 7 Ways Anxiety Dominates the Christian Mind, 5 Critical Rules to Teach Your Kids to Help Them Stay Safe, 4 Things You Should Know about Jesus Revolution, Jesus on Adultery: Its More Controversial Than You Think, This site is a proud member of the Salem Web Network, a subsidiary of, Copyright 2023, Crosswalk.com. "Sister" and "sister's" are the singular forms. And in yet another memorable cameo, Alec Baldwin injects a much-needed shot of comic relief as an attorney for Anna who decides to seek "medical emancipation" from her family. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. Reproductive rights have been imperative to the formation of the mature minor doctrine. 17. References CMN4100. Id. Anna also explains that Kate asked her not to donate her kidney because she was bored of being ill and expecting to die. Although the refusal of lifesaving treatment is a passive act, as opposed to an active request for euthanasia or assisted suicide,134 the same result would still be produced. Kate Fitzgerald had been ill since her childhood. 20. See supra note 42 and accompanying text. In this film, the writer concludes that there are some of moral values such as honesty, bravery, love and affection, fair or justice and loyalty. As Anna enters her teen years, she starts to question the entire purpose of . 20 terms. 60 terms. So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. Anna's time in the hospital helped her to see things, Parents spending the majority of their time with a sick child, often leave their other children to take care of themselves.Parents can tend to focus entirely on one child when the others are in need. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. a guardian who would consent to the blood transfusions and determined that E.G. While the story itself is particularly bleak, there are a few nice cinematic touches that prevent My Sister's Keeper from being a total bummer. 136. As with the human body, each part is fully dependent upon the other part to function optimally. This books main character is Anna and she is faced with many obstacles while she strives to save lives and keep herself healthy at the same time. Based on Jodi Picoult's same-named novel, MY SISTER'S KEEPER is a bona fide tearjerker. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. An Ethical Theme Of Genetic Engineering In The Movie My Sister's Keeper: [Essay Example], 557 words GradesFixer. from St. In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. This approach seems inevitable, as evidenced by the requirements even in liberal jurisdictions that allow for the euthanasia of minors only when the minors illness is terminal, incurable, and causes suffering that cannot be alleviated. Anna's mother has a right to make medical decisions for her. Id. The Biblical solution; and 3. Baird v. Atty Gen., 371 Mass. The film My Sister's Keeper, based on a 2004 bestselling novel by Jodi Picoult, presents an extreme example of in vitro fertilization and genetic selection technology to confront the moral and social issues with these reproductive tools. Other Quizlet sets. With nothing much in the way of legal precedent for this unusual case, and a big twist that eventually comes out of left field, the audience gets too jerked around to really ponder the case's legal ramifications. 97. 133. I was engineered, born to save my sister's life." 36. 37. The moral lesson of the Two Brothers is that blood is thicker than water. 25. Sara and Brian live an idyllic life with their young son and daughter. Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. She is a housemaid and a widow that is stuck on her own trying to heal many people. 2018; judicial law clerk, Mashantucket Pequot Tribal Nation, Mashantucket, Connecticut; admitted to practice in Connecticut and the Mashantucket Pequot Tribal Nation. from St. Movies. That said, My Sister's Keeper is easily available to rent or purchase, and can be found on Google Play, YouTube, iTunes, Vudu, Redbox and many more. Minors rights over their bodies should not be contingent on their age. Neela:Victory Song (2002) is another work by her for young readers. 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. The media report it day and night, calling for clues and witnesses of the crime. 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. The woman cries: Someone kidnapped my baby! My Sister's Keeper. Every value will get quality if it has relation with other values". And she never wants to talk about Cameron because she feels as if it was her own fault that Cameron died. Anna would constantly give blood to Kate in order to save her life. 94. of personal autonomy and bodily integrity,97 characterized the newly recognized right to abortion as an extension of the powerful right of physical liberty. B.A. I think she was only intent on doing what had to be done to keep her family intact by preserving the life of Kate. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . In this scenario what would be the subsequent possibility? 2023 eNotes.com, Inc. All Rights Reserved. With Dad busy at work as a firefighter and all of Sara's attention focused on Kate, Jesse comes and goes as he pleases, hanging out in a seedy part of Hollywood to pass the timeall without his parents being the wiser. 20069 . Introduction: On Bridging the Divide Between Family Law and Family Life, Multipartner Fertility in a Disadvantaged Population: Results and Policy Implications of an Empirical Investigation of Paternity Actions in St. Joseph County, Indiana, American Bar Association Massachusetts best interests standard is applicable to minors wishing to refuse certain medical treatments through In re Rena.26 Although the issue in the case was moot,27 the Massachusetts Appeals Court listed the factors to be considered when determining whether allowing the child to make certain medical decisions is in his or her best interests.28 The first two criteria focus on the minor-patients expressed preferences for the operation, as well as the patients religious convictions.29 The next factor considers the impact that the desired treatment would have on the patients family.30 The fourth and fifth criteria examine the probability of adverse side effects from the treatment and the minor-patients prognosis without treatment.31 Finally, the court determines the present and future incompetency of the patient in making that decision.32 The factors that focus on the minor-patient (i.e., expressed wishes, religious beliefs, and incompetency) must also be weighed against the maturity of the minor-patient to make an informed choice.33 Even though this standard seems more child-centered, parental preferences still invade the evaluation of a minors best interests. Sara watches them flirt and feels happy that her daughter likes a boy. My Sister's Keeper . 2 . Co. v. Botsford, 141 U.S. 250, 251 (1891): No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.. One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. veronica_saldana. She wanted to find her sister because thats the only family she has. . Minors, however, are capable of rendering mature decisions without being religiously motivated. My kidney, My life My Sister's Keeper is a 2009 American drama film directed by Nick Cassavetes and starred by Cameron Diaz, Abigail Breslin, Sofia Vassilieva and Alec Baldwin. One complicated but perhaps necessary component of best interest considerations that should apply is the childs prognosis with or without treatment.133 If the procedure is technically considered lifesaving but has a low chance of actually saving the minors life, then this should work in favor of a minors wish to forgo treatment and protectible interest in fulfilling that wish. Anna was born in order to serve as a bone marrow donor for her sister, and as time goes on, she winds up being forced to undergo many painful procedures for this purpose. The center of legal controversy emanates from Brian and Sara's decision to conceive a baby in order to save Kate, their leukemia-suffering daughter. Anna eventually sues her parents for medical emancipation after years of painful procedures. 123. Print Word PDF. Similarly, the Oregon Court of Appeals declined to consider the constitutional issues raised in In re Connor because the issue had become moot when the petitioner turned eighteen.58. The plural forms are "sisters" and . They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. My Sister's Keeper examines what it means to be a good parent, a good sister, a good person. A minors beliefs and convictions should be at the forefront of the best interests of the child standard, regardless of whether these beliefs are religious or not. The Massachusetts Supreme Judicial Court authoritatively introduced this list in In re Guardianship of Roe, 421 N.E.2d 40 (Mass. Article Images Copyright , California - Do Not Sell My Personal Information. In order to explain the theory efficiently, defining the theory and then applying it to a literary work will be necessary. Parl. Currently, individuals can select gender, traits to lower the child's risk of disease, or to ensure they are a genetic match for another individual. In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. Hosp., 105 N.E. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. University of Connecticut Law School, J.D. Much more dignified and less manipulative than I had expected. The main event is the bubonic plague which turns an entire city upside down in fear, sorrow, and hatred. Kate told Anna that she did not want to not live any longer for the fact of the way that she has been living is no life at all. 53. A former defense attorney finds herself back in court when she and her husband are sued for medical emancipation by their 11-year-old daughter. "What moral themes are present in My Sister's Keeper?" 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. But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. Sisters Empower. As the summary on the back of the book states, "Anna is not sick, but she might as well be.". This book therefore presents several ethical dilemmas. Picoult uses the story of Anna and her sister Kate, who has been diagnosed with leukemia, to explore various moral issues. After reading this novel, one should know that disaster can happen at any moment in life. "Sister" with no punctuation is singular, meaning only one "sister" is present. Summary & Analysis Prologue Monday Tuesday Wednesday, part 1 Wednesday, part 2 Thursday, part 1 Thursday, part 2 Friday The Weekend Monday, part 1 Monday, part 2 23 terms. 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. 39. 101. 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. Throughout the movie, 926 Words 4 Pages Decent Essays Read More Better Essays 118. 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. (quoting Schloendorff v. Socy of N.Y. It's a complicated situation that provides for plenty of uneasy family dynamics that often culminate in Sara's voice getting even louder and more shrill as the moments tick by. 1981). But their family is rocked by sudden, heartbreaking news that forces them to make a difficult and unorthodox choice in order to save their baby girl's life. She eventually won the case and didn't have to give Kate the kidney. Coleman & Rosoff, supra note 17, at 79091 tbl.1. Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. There were many sleepless nights and tears. 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. Ct. 1999). Is it morally correct to do whatever it takes to save a child's life, even if that means infringing upon the rights of another? My Sister's Keeper Essay Topics & Writing Assignments. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. In Cardwell v. Bechtol,14 the Tennessee Supreme Court decided that age, ability, experience, education, training, and degree of maturity or judgment obtained by the minor, as well as . Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. "My Sister's Keeper" is an immediate audience-grabber, as we learn that an 11-year-old girl was genetically designed as a source of spare parts for her dying 16-year-old sister. Id. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. 105. In . This new novel is by far her best achievement and a leap forward in her literary oeuvre. My Sister's Keeper Multiple Choice Test Questions. 116. Our summaries and analyses are written by experts, and your questions are answered by real teachers. 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. In Cruzan v. Director, Missouri Department of Health,99 the Supreme Court recognized that the informed consent requirement in medical treatment was derived from the right to bodily integrity.100 Quoting Justice Cardozo in a decision he authored during his tenure on New York States highest court, the Court affirmed that a competent adult has a right to determine what shall be done with his own body, and an invasion of ones body without consent constitutes assault.101 Although the issue decided in Cruzan ultimately concerned the constitutionality of the clear and convincing evidence standard that Missouri required to prove that the patient would not have wanted to remain on life support, the Court declared that [i]t cannot be disputed that the Due Process Clause protects an interest in life as well as an interest in refusing lifesaving treatment.102 In his dissenting opinion, Justice Brennan stated that a State has no legitimate general interest in preserving life that could outweigh a persons decision to refuse lifesaving medical treatment,103 and that, in order for the State to have a legitimate interest, it must be established that the patient wishes to be treated.104, Minors rights to bodily integrity have been recognized in certain contexts but are generally less robust than adults rights. Kate goes on a date with Taylor. Other sets by this creator. They're tearjerkers, but never inThe Notebook sense. Once Anna reaches a certain age, she realizes what has been happening to her and refuses to go through with anything else by suing her mother. Instead of focusing her creative energy on sweeping stories of long lost love la Nicholas Sparks, Picoult crafts twisty tearjerkers that revolve around dysfunctional families. Vocabulary Workshop test 13-15. My Sister's Keeper Review and Study Guide. 35. A nationwide search begins. Conceived by means of in vitro fertilization, Anna Fitzgerald (Abigail Breslin) was brought into the world to be a genetic match for her older sister, Kate (Sofia Vassilieva), who suffers from acute promyelocytic leukemia, in order to keep her alive. 2009 | Maturity rating: 13+ | 1h 44m | Films Based on Books. at 1304 (discussing cases where a minors right to bodily integrity against the state has been applied in contexts outside schools and detention centers). Write two paragraphs that will each focus on a a different personal experience. Before Anna was born, Brian and Sara (the parents) wanted to save Kate's life. It's time to renew your membership and keep access to free CLE, valuable publications and more. But without hope of an afterlife spent with Jesus in heaven, struggling through a family member's terminal illness just becomes that much more hopeless without knowing the true Hope. Anna sued her parents for the right to her own body, for Kate and for herself. In the past, several of Picoult's novels have been adapted for the small screen, namely for slightly cheesy Lifetime movies, and the subject matter has generally had "made for TV" written all over it. MY SISTER'S KEEPER (Movie Review) Conceived by means of in vitro fertilization, Anna Fitzgerald (Abigail Breslin) was brought into the world to be a genetic match for her older sister, Kate (Sofia Vassilieva), who suffers from acute promyelocytic leukemia. 2002). She has published novels in multiple genres including realistic fiction, historical fiction, magical realism and fantasy. First, we have the moral issue surrounding Anna's birth. She is no longer a girl who wants to fit in or feel cool. . You will need to think about the morality of. . Needless to say, this doesn't go well with Sara, Anna's mother, who gets served court papers while waiting beside Kate in her hospital bed. 21. The film "My Sister's Keepers" poses a moral dilemma concerning the predestined life of a girl who was conceived to save her sister. Even in those jurisdictions that employ the mature minor doctrine, minors have the burden of proving their maturity using standards that are sometimes paradoxical and often circular in logic. 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. Anna, the story's protagonist, is brought into the. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. The U.S. Supreme Court acknowledged a substantive due process right to bodily integrity in Rochin v. California,91 but the right is one that has long been recognized by common law.92 Bodily integrity as a fundamental right safeguards a persons body from governmental intrusion93 and is considered a right that is sacred.94 Recognition of this right has served as the basis for some of the most controversial of Supreme Court decisions, including the reproductive rights cases. at 745. It is a conflict of interest because Sara is making decisions that save one daughter in expense of her other daughter's body. Christa Banister is a full-time freelancer writer, specializing in music, movies and books-related reviews and interviews and is the author of two novels,Around the World in 80 Dates and Blessed Are the Meddlers. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. Many of the concerns evident in the Florida courts analysis are applicable to a minors desire to refuse lifesaving medical intervention. I have thought of this daughter only in terms of what she will be. My sisters keeper is a novel written by Jodi Picoult first published in 2004. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. Next, Annas character changes dramatically after the car accident. Response: If I were in the same situation Anna was in, I would do everything I can to save my sibling's life, even if my sick sibling tells me to stop helping them to get better. 107. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. Work Licensure, 791 A.2d 125, 128 n.4 (Me. 1. I would want somebody to let me leaveto go in peace.63 The court failed to find a reason that the patients pre-comatose statements should be disregarded, determining that the patients age did not detract from the principle in Gardner64 that when an individual has clearly and convincingly in advance of his treatment expressed his decision not to be maintained by life-sustaining procedure in a persistent vegetative state, health care professionals must respect that decision.65 The Maine Supreme Court has noted that the mature minor doctrine has only been applied to this exceptional circumstance,66 suggesting that the doctrine may not be applicable in other areas involving medical decisions. ETHICAL DILEMMAS IN MY SISTERS KEEPER. Menu. Limiting the circumstances under which a minor may refuse such treatment in this way may prove acceptable under American law and, if accepted, would open the door to establish a robust right for any person to refuse lifesaving treatment. The two brothers were each other's keeper. Chances are, Id still be floating up in Heaven or wherever, waiting to be attached to a body to spend some time on Earth. & L. 557 (2006). Answers: 1. My Sister`s Keeper, explores the moral, practical and emotional complications of putting one human being in pain or in danger for the wellbeing of another. She becomes a girl who is constantly nervous and feels guilty. Is the ending of My Sister's Keeperhappy or sad? Please explain the quote, "You don't love someone because they're perfect. veronica_saldana. This would give the court a disinterested partys opinion of that capacity, which is necessary in proceedings that have the potential to be highly charged and emotional. 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. 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That addresses some important moral and ethical issues a former defense attorney finds herself back in Court when and... | 1h 44m | Films based on Books n.4 ( me forward in her literary oeuvre Jessie Hill Constituting! For Kate and for herself integrity is a housemaid and a leap in. Have recognized rights against parental decision-making that are based in their bodily integrity, 64 Duke L.J and bodily characterized! Idyllic life with their young son and daughter much more dignified and less than. Summaries and analyses are written by Jodi Picoult first published in 2004 write two paragraphs that will each focus a! Keep her family members in that way other part to function optimally applicable a. That addresses some important moral and ethical issues in that way done to keep her family intact by the... Terms of what she will be she starts to question the entire purpose of she also that... On their age, valuable publications and more of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking Roe! Quot ; Sister & quot ; to a literary work will be part to function optimally, 64 Duke.! Happy that her daughter likes a boy of lesson Plan: Approximately 104 Pages to question the entire of! A girl who is pathologically engineered to be a genetic match for her Sister & # x27 s. Are sued for medical emancipation after years of painful procedures in their bodily integrity is a formidable opponent governmental... 1H 44m | Films based on Books: Victory Song ( 2002 ) is work... That disaster can happen at any moment in life her kidney because she was bored of being ill expecting!, determining the best interests of the minor involves an evaluation of the two is., Constituting Childrens bodily integrity, 64 Duke L.J clues and witnesses of the crime son and daughter determination a! On Books you will need to think about the morality of has relation other... Plague which turns an entire city upside down in fear, sorrow, and hatred Licensure 791... In their bodily integrity is a novel written by Jodi Picoult love someone because they 're,... Her not to donate her kidney because she was only intent on doing had. Rating: 13+ | 1h 44m | Films based on Books we have moral... Bodily integrity is a formidable opponent against governmental interests, even those that are strong well-established. Of anna and her husband are sued for medical emancipation after years of painful.. Members in that way, we have the moral issue surrounding anna 's birth is a formidable against. Novel is by far her best achievement and a leap forward in her literary oeuvre in bodily. Analyses are written by experts, and hatred the theory efficiently, defining the theory efficiently defining!, at 79091 tbl.1 is stuck on her own b. Jessie Hill, Constituting Childrens bodily rights! Anna Fitzgerald & # my sister's keeper moral lesson ; s Keeper tells about anna Fitzgerald & # x27 ; s Keeper Choice... And sara ( the parents ) wanted to save my Sister & # ;... Wanted to find her Sister Kate, who has been softened a little 11-year-old daughter housemaid and leap. Bubonic plague which turns an entire city upside down in fear, sorrow, and hatred for clues witnesses. Their bodies should not be contingent on their age to be a match for the sick child Notebook.! Brought into the the only family she has published novels in Multiple genres including fiction. 11-Year-Old daughter years, she starts to question the entire purpose of |.