. It is not the first time that Belgium had considered legalizing the voluntary euthanasia of minors; in fact, when the Euthanasia Act of 2002 was first proposed, minors were included in the bill but were later removed to ease opposition.117 The original act defines euthanasia as intentionally terminating life by someone other than the person concerned, at the latters request.118 While voluntariness is a crucial element in both acts,119 the new legislation extending this right to minors differs significantly from the 2002 Act. 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. 135. 34. . She traveled to find her sister on her own. Generally speaking, minors are presumed to be incompetent to consent to their own medical treatment, but some states accept the mature minor doctrine, which allows minors to independently consent to certain medical procedures if certain criteria are met.5 But even in the states where this doctrine is accepted, there is no universal standard that dictates when a minor is mature enough to consent to medical procedures without the involvement of her parents.6 Although My Sisters Keeper is a work of fiction, it presents a compelling narrative of a minor who is desperate to have agency over her body and the medical treatment that her body undergoes. Abigail Breslin and Sofia Vassilieva received good reviews for their performances in the movie, and they replaced the originally cast, real-life siblings Dakota and Elle Fanning (The Neon Demon).Dakota Fanning was set to play Kate, but dropped out . The main event is the bubonic plague which turns an entire city upside down in fear, sorrow, and hatred. Parl. 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. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. It was also based on a novel of the same name. 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 was a drama film released in 2009, which touched numerous amounts of ethical issues that caused a dilemma between the family and their kids. 2009 | Maturity rating: 13+ | 1h 44m | Films Based on Books. Given the subject matter, how could it not be? Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . 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. Anna has to deal with many different people accusing her of wrong doing to benefit herself or somebody else in letting somebody die. Introduction My Sister's Keeper is a movie that explores the clinical and ethical issues of compelled organ donations. Similar factors appear in other early cases that helped shape the mature minor doctrine. See Christyne L. Neff, Woman, Womb, and Bodily Integrity, 3 Yale J.L. The movie surrounds a family in turmoil after they have a baby and realize the baby is sick (Kate). Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. See Amy T.Y. 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 Second, there is a strong moral theme regarding the morality (or lack thereof) of Anna's parents continuously using Anna's body as a resource for Kate. In the movie Kate says to Anna that is okay if she doesn't want to donate her kidney because Kate didn't want to live anymore, she wanted to die. Article Images Copyright , California - Do Not Sell My Personal Information. It's time to renew your membership and keep access to free CLE, valuable publications and more. 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. The Massachusetts Supreme Judicial Court authoritatively introduced this list in In re Guardianship of Roe, 421 N.E.2d 40 (Mass. Meanwhile, the. The two brothers were each other's keeper. 137. Answers: 1. tit 13, 707(b)(5) (West 2017). See supra note 42 and accompanying text. Latest answer posted October 22, 2010 at 3:25:56 AM. Massachusetts and Oregon were introduced to the issue of a minor refusing lifesaving treatment in the context of religious freedom in In re Rena53 and In re Connor.54 Massachusetts best interests standard takes into consideration a minors expressed religious preferences as part of its balancing test,55 and, in In re Rena, the Massachusetts Appeals Court found that the lower court had erred in ordering the petitioner to receive the blood transfusions without weighing her religious objections as a component of the mature minor doctrine.56 However, the respondent-minor had turned eighteen by the time this issue reached the appellate court, and it vacated the final order because the issue had become moot,57 thereby declining to hold definitively whether the respondent-minor was a mature minor or whether her constitutional rights had been violated. Kate slowly started to get sicker and eventually died. For the uninitiated: If you're looking for a happy-go-lucky beach read, Jodi Picoult's novels are never the way to go. cheyennebatista. 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. 2 . Kate goes on a date with Taylor. My siblings matter to me and I wouldn't want to see them out of my sight ever. 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. Picoult uses the story of Anna and her sister Kate, who has been diagnosed with leukemia, to explore various moral issues. With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. In the town of Upper Derby, Rhode Island in 2004, Brian and Sarah Fitzgerald, the parents in the book, have a sick daughter and learns that she only has a limited amount of time to live. 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. 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. The principles that stem out of My Sister's Keeper are difficult to face as they challenge morality and humanity. 705 N.E.2d 1155 (Mass. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. 2022 American Bar Association, all rights reserved. 122. 2023 eNotes.com, Inc. All Rights Reserved. Eur. 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? 2d 548, 553 (Fla. Dist. And now Anna's parents are insisting that she give her sister a kidney. 1. 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. "Most babies are accidents, not me. If you have not read the book then a good film, if you have read the book the the film will disappoint, the book gives more detail and goes a lot deeper and the ending it totally different, watch the film then read the book. More than that, however, is a renewed sense of thankfulness for my faith as an anchor in life's most challenging moments. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. 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. 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 . What is the theme. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. She wanted to find her sister because thats the only family she has. 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. Sara believes that the social, emotional and psychological best interests of a person depend upon the happiness in the family in which they grow up in. In American jurisprudence generally, the best interests of the child are often intertwined with familial and paternal interests, which is exemplified by Massachusettss mature minor doctrine.132 Instead, the standard for best interest of the child should focus primarily and perhaps solely on the child, especially when the child is experiencing profound physical suffering. My Sister's Keeper examines what it means to be a good parent, a good sister, and a good person. As Anna enters her teen years, she starts to question the entire purpose of . In this film, Anna Fitzgerald is a. 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. 1981). My Sister's Keeper is interlaced with flashbacks which develop its plot through different family relationships. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. 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. If the child welfare agency reasonably believed that the parent unduly influenced the minor, the state would then have a basis for removing the minor from that parents care. The film "My Sister's Keepers" poses a moral dilemma concerning the predestined life of a girl who was conceived to save her sister. 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. My teeth are chattering I try to tell her but my jaw and teeth are chattering so much, I cant make the words. (Frank 26) The day after the car accident, Anna learns that Ellen passed out after the were hit, and this resulted in her having a collapsed lung, some cracked ribs, and a broken leg. Although informed consent rights include rights to informed refusal,46 the right to informed consent is, as with most child rights, curtailed for minors. See Andr Janssen, The New Regulation of Voluntary Euthanasia and Medically Assisted Suicide in the Netherlands, 16 Intl J.L., Poly & Family 260 (2002). Jodi Picoult received an AB in creative writing from Princeton and a master's degree in education from Harvard. Union Pac. She is the only hope for Kate to get better. 1295, 130203 (2015). 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. Belgian Senate Votes to Extend Euthanasia to Children, BBC News (Dec. 12, 2013), http://www.bbc.com/news/world-europe-25364745. Throughout the movie, 926 Words 4 Pages Decent Essays Read More Better Essays Jodi Picoult, My Sisters Keeper 38990 (2004). Jodi Picoult. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. dominant kinds of moral values found in the film My Sister's Keeper by Nick Cassavetes is Bravery. 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. Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. & Feminism 327, 338 n.60, 339 (1991). : Law, Children, and Compelled Donation, 29 W. New Eng. My Sister's Keeper Review and Study Guide. 3. 23 terms. 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. See id. 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. 39. So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. 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. 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. from Franciscan University of Steubenville M.A. In foreign jurisdictions, however, minors have recognized rights against parental decision-making that are based in their bodily integrity rights. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. Last updated by jill d #170087 3 years ago 9/8/2019 5:59 PM. Kaye had gotten to the point where she couldnt cope physically. Her cross-cultural traditional themes can be vouched in her fictions beginning with The Mistress of Spices (1997), Sister of my Heart (1999) and its sequel The Vine of Desire (2002). 76. 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. Mother forces Anna to donate her kidney Mother allows Anna to decide if she wants to donate her Kidney Gives her kidney to Kate Doesn't give her kidney to Kate Latest answer posted October 24, 2019 at 3:11:22 PM. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. 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. This is in line with American notions of informed consent and easily transferable to a minors right to refuse treatment. View My sisters keeper reflection paper.docx from PHIL MISC at Wesleyan University-Philippines in Cabanatuan City. of Soc. 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. 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. In order to explain the theory efficiently, defining the theory and then applying it to a literary work will be necessary. 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 for whatever reason filmmakers decided My Sister's Keeper had big-screen potential, they also agreed that Picoult's original ending was a little too much for the masses. 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