So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. Much of the literature written on this novel focuses on Anna, the sister who was born in order to become a donor for her sister, Kate, and the ethics of forcing such donations from a child.2 Anna hires a lawyer to sue her parents for the rights to [her] own body so that she cannot be forced to donate a kidney to her sister.3 While Anna is providing testimony in court, however, it is revealed that Kate had appealed to Anna and asked her to let her die.4 This revelation not only transforms Annas seemingly selfish act but also raises two important questions: What lengths must a minor go through in order to die with dignity, and when is it possible for a minor to refuse lifesaving treatment? Another major theme in this novel is "The importance of living in the moment.". She becomes a girl who is constantly nervous and feels guilty. 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. In this film, Anna Fitzgerald is a. The book tells the story of Anna Fitzgerald, a 13 years old girl that was genetically selected to be a savior sibling to save her older sister's life. Sure, the time-honored truth about the frailty of life certainly springs to mind. The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . She wants to have a say in how her body is being used, and she sues her parents for medical emancipation. Meanwhile, the. She also gave her a bone marrow. 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. Gramtical Competence -the acquisition of phonological rulesw,morphological words,syntactic rules,semantic rules and lexixal items Sociolinguistic Competence -the learning of pragmatic aspect of various speech acts,namely,the cultural values, norms, and other . They're tearjerkers, but never inThe Notebook sense. 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. This is in line with American notions of informed consent and easily transferable to a minors right to refuse treatment. It is a story about a family almost torn apart by illness of one daughter and the intended medical emancipation of another daughter who is tired of being a donor to her sick sister. 2004. My grad school experience felt very much like a roller coaster ride. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. 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. University of Connecticut Law School, J.D. 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. This, however, does not affect their relationship with each other. Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. Miss Helena S. Robinson, daughter of Mr. nd Mrs. Alexander P. Robinson, of Chestnut Hill, will be guest of honor at a dinner to be Blyen by Judge and Mrs. William Wllklns Carr, Pf UM Locust street "- ?Mr. veronica_saldana. My Sister . Jodi Picoult, My Sisters Keeper 38990 (2004). Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. My Sister's Keeper. 1295, 130203 (2015). Warmly told from each character's point of view, a move that mirrors Picoult's own writing style, the audience has a better opportunity to connect with everyone involved. 92, 93 (N.Y. 1914)). See Sharon Smith, The Medical Emancipation of Minors: A California History, 11 J. Contemp. As the Illinois Supreme Court pointed out, the age of majority is not an impenetrable barrier that magically precludes a minor from possessing and exercising certain rights normally associated with adulthood.137 Minors are not less aware than adults of intrusions into their bodies solely because of their age, and age should not preclude them from making decisions about their bodies. Based on the constitutional right to bodily integrity, a minor should have the right to invoke the mature minor doctrine in order to refuse lifesaving medical treatment. This essay will focus on three events in Annas life, and discuss how each event in the characters life had an affect on her physical, psychosocial and cognitive development. 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. 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. : Law, Children, and Compelled Donation, 29 W. New Eng. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. 123. Belgian Senate Votes to Extend Euthanasia to Children, BBC News (Dec. 12, 2013), http://www.bbc.com/news/world-europe-25364745. 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. Her pram is empty, there's no trace of the child. 105. Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. a guardian who would consent to the blood transfusions and determined that E.G. 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. . Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . 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. 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. Coleman & Rosoff, supra note 17, at 79091 tbl.1. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. 359, 38789 (2000). (quoting Schloendorff v. Socy of N.Y. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. Anna, on the other hand, desires her medical freedom. Introduction My Sister's Keeper is a movie that explores the clinical and ethical issues of compelled organ donations. 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. Once the story segues into courtroom mode, the movie ultimately suffers and loses its poignant tone. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. Kate's leukemia (APL) has affected every single one of her family members in that way. My Sister's Keeper Essay Topics & Writing Assignments. 136. 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. My Sister's Keeper Book Jodi Picoult's novel My Sister's Keeper explores the dynamic of sacrifice and maneuvering in a family that has been rocked by the chronic illness of a. Answers: 1. The messages of this film highlight the importance of understanding the several dimensions of hardships and struggles, beyond illness and disease that patients must undergo. 39. Yes, it's possible: in vitro fertilization assured a perfect match. What is the theme. 53. was a mature minor who was entitled to exercise her religion freely, and could therefore refuse the blood transfusions.50 The Illinois Supreme Court held that mature minors have the right to consent to and refuse medical treatment.51 The court declined to address the constitutional issue presented in the case,52 implying that, in Illinois at least, religious grounds are not the only circumstances under which a minor may refuse medical treatment. Migration and population study guide. My Sister's Keeper was a drama film released in 2009, which touched numerous amounts of ethical issues that caused a dilemma between the family and their kids. 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. 66. The accident was very traumatizing to Anna since she was awake during the entire accident, and that is why she becomes very nervous and scared all the time, and develops PTSD. 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. 2009 | Maturity rating: 13+ | 1h 44m | Films Based on Books. See id. In certain contexts, this right is one that has already been recognized, but overall, is in need of expansion. . veronica_saldana. Some scholars consider Planned Parenthood of Central Missouri v. Danforth109 an early recognition of a minors constitutional right to bodily integrity in the context of these rights.110 Overall, minors do not have substantial protections from parental decision-making in the medical context in American jurisprudence. In moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. Work Licensure, 791 A.2d 125, 128 n.4 (Me. In ''My Sister's Keeper'', author Jodi Picoult explores the ethics and morality of having one sibling do something against their wishes in hopes of providing a better future for the other. 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. 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. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. This would mean that in order for a minors right to refuse lifesaving treatment to be introduced into American jurisprudence, the standards that a minor has to meet must be high. Dont do it, she repeated, and it wasnt until I heard her a second time that I understood what she was really saying. 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. First, we have the moral issue surrounding Anna's birth. application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. Animal Farm Vocab. Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. Anna has to deal with many different people accusing her of wrong doing to benefit herself or somebody else in letting somebody die. App. Throughout the movie, 926 Words 4 Pages Decent Essays Read More Better Essays Id. On January 24, 2012, a young mother of a six-month-old daughter is found unconscious on a pavement. 20069 . "Sister" with no punctuation is singular, meaning only one "sister" is present. 2018; judicial law clerk, Mashantucket Pequot Tribal Nation, Mashantucket, Connecticut; admitted to practice in Connecticut and the Mashantucket Pequot Tribal Nation. Communicative Competence 1 Linguistic 2 3 4. Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. She has published novels in multiple genres including realistic fiction, historical fiction, magical realism and fantasy. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . Sisters'. 705 N.E.2d 1155 (Mass. 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. Anna, the story's protagonist, is brought into the. By limiting the euthanasia laws to minors whose ailments are incurable, who are terminally ill, and who are in a state of unbearable physical suffering, Dutch and Belgian legislatures implicate a standard of the minors best interests. She leaned over, her hand on the light switch. She is the only hope for Kate to get better. 25. 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. My Sister's Keeper clearly demonstrates how modern scientific advances have resulted in disputes between parents and children. Medical emancipation can be either general or limited according to the structure of the statute. Legal Med. from St. Code Ann. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. 741, 754 (1977). . It's time to renew your membership and keep access to free CLE, valuable publications and more. One of the main moral dilemmas in "My Sister's Keeper" by Jodi Picoult is how parents should balance the needs of their children. 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. 101. Children, however, are not merely an extension of their parents, and if the State is able to recognize that in certain contextssuch as in termination of parental rights proceedingsthen it should also apply in the context of medical decisions. It made me wonder, though, what would have happened if Kate had been healthy. : Medical Decision-Making Autonomy and the Mature Minor Doctrine, 13 Ind. Latest answer posted August 26, 2009 at 6:42:54 AM. Chances are, Id still be floating up in Heaven or wherever, waiting to be attached to a body to spend some time on Earth. "Most babies are accidents, not me. 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? One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. 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.. In this scenario what would be the subsequent possibility? Chandrika Narayan, First Child Dies by Euthanasia in Belgium, CNN (Sept. 17, 2016), http://www.cnn.com/2016/09/17/health/belgium-minor-euthanasia/index.html. She eventually won the case and didn't have to give Kate the kidney. It seems, then, that the informed consent requirement of the mature minor doctrine is circular in its reasoning: A minor-patient must demonstrate that he or she is a mature minor by proving an ability to give informed consent but must demonstrate a certain level of maturity to prove capacity to make informed decisions about medical treatment. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. Why we resist accountability; look at 2. One of the most-cited cases on this issue, and on the mature minor doctrine in general, is In re E.G.47 At seventeen years old, E.G. One of the ethical principles that can be found in the movie "My Sister's . 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. Synopsis. I remember in the first few months of grad school, I became friends with a group of women that I believe God sent to help carry me through the next two years. A nationwide search begins. 115. Later in the story, it is revealed that is was Kates idea to not want Anna to donate anymore. Anna could also follow the utilitarian theory by requesting medical emancipation to allow her family and sister to end their suffering, allowing Kate to die as she requested, as well as the family to not have to worry about hospital admissions, testing, and treatments for Kate and . Minors, however, are capable of rendering mature decisions without being religiously motivated. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. Below is an explanation of the virtue ethics as a theory. "Sister" and "sister's" are the singular forms. Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. 106. Let's examine 1. 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. The movie surrounds a family in turmoil after they have a baby and realize the baby is sick (Kate). 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. Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . Is it worth trying to discover who you really are if that quest makes you like yourself less? Cloud State University M.A. While Massachusetts may be progressive in that it makes the mature minor doctrine applicable to procedures outside of those relating to reproductive rights, the type of treatment a minor seeks could inform a courts decision, implying that even if a minor meets all other criteria and is deemed mature in all other respects, the type of treatment chosen (or refused) can influence the courts decision. Finally, think about Kate's desire to die and how she has influenced Anna into starting the lawsuit. The woman cries: Someone kidnapped my baby! 137. 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. Her upcoming book signings and sample chapters of her family members in that way certainly springs mind. To refuse treatment Anna 's parents are taking advantage of their daughter in turmoil after have..., this right is one that has already been recognized, but never Notebook.: Law, Children, and she died is whether Sara and Brian should require Anna give... 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