Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. & Feminism 327, 338 n.60, 339 (1991). ETHICAL DILEMMAS IN MY SISTERS KEEPER. She also gave her a bone marrow. eNotes.com will help you with any book or any question. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. 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. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. You love them in spite of the fact they're not". Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. In moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. This gives the idea that Annas best interests and welfare are closely tied to those of her family, who. Ct. 1999). 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. Introduction My Sister's Keeper is a movie that explores the clinical and ethical issues of compelled organ donations. 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. At this particular moment, Campbell suffered an epileptic. 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 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. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. 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. Ry. But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. The events that will be discussed are: how being brought into the world to save Kate affected Annas psychosocial development, how having to undergo many surgeries at a very young age affected Annas physical development, and also how Annas cognitive development was affected by her sisters sickness and death. My siblings matter to me and I wouldn't want to see them out of my sight ever. Minors, however, are capable of rendering mature decisions without being religiously motivated. Kaye had gotten to the point where she couldnt cope physically. Accessed 1 Mar. For some, such genetic engineering would raise both moral and ethical ques-tions; for the Fitzgeralds, Sara in particular, there is no choice but to do whatever it takes to keep Kate alive. 5. veronica_saldana. Answers: 1. Ann. Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. My Sister's Keeper Multiple Choice Test Questions. 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. 20 terms. 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. tit 13, 707(b)(5) (West 2017). TV Shows. The operation takes place, but something goes wrong. 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. B.A. See id. Anna sues her parents, Sarah and Brian, for medical emancipation. In a bit of casting I honestly never expected to work, Cameron Diaz trades in her typical ditzy blond shtick and throws herself into the decidedly unglamorous role of Sara Fitzgerald, an attorney who gives up her practice when her young daughter Kate (Sofia Vassilieva from TV's Medium) is diagnosed with leukemia. Jodi Picoult's novel My Sister's Keeper explores several different moral issues. 135. 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. Although the age of a minor does not necessarily speak to capacity, in order to make the right to refuse lifesaving medical treatment more agreeable to American jurisprudence, the right should only be available to minors who are not close to the age of majority unless the minor meets additional criteria that help demonstrate capacity to give informed consent. Id. 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 jurisdictions where the mature minor doctrine can be invoked in all medical decision-making, an analysis of the minors best interests includes a greater variety of criteria. Kind moral 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. Baird v. Atty Gen., 371 Mass. 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. My Sister . Minors should have the right to refuse treatment to avoid subjecting themselves to unwanted bodily invasion. She wanted to find her sister because thats the only family she has. Much more dignified and less manipulative than I had expected. Many of the concerns evident in the Florida courts analysis are applicable to a minors desire to refuse lifesaving medical intervention. The two brothers were each other's keeper. 2018; judicial law clerk, Mashantucket Pequot Tribal Nation, Mashantucket, Connecticut; admitted to practice in Connecticut and the Mashantucket Pequot Tribal Nation. Doriane Lambelet Coleman & Philip M. Rosoff, The Legal Authority of Mature Minors to Consent to General Medical Treatment, 131 Pediatrics 786, 79091 tbl.1 (2013). Arguably, a minors right to refuse lifesaving treatment is grounded in his or her right to bodily integrity. 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. Jodi Picoult's My Sister's Keeper is a novel that explores the difficult topic of the terminal illness of a sixteen-year-old girl and the lengths her family goes through in order to preserve her life. The plural forms are "sisters" and . 2002). 103. In certain contexts, this right is one that has already been recognized, but overall, is in need of expansion. While Sarah is pregnant she says, Although I am nine months pregnant, although I have had plenty of time to dream, I have not really considered the specifics of this child. 17. My Sister's Keeper examines what it means to be a good parent, a good sister, a good person. 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. Lai, To Be or Not to Be My Sisters Keeper?, 32 J. Union Pac. Best interests of the child is a varying, paternalistic standard that complicates a minors access to certain medical treatment, including the refusal of medically accepted, lifesaving treatment. . References CMN4100. See Christyne L. Neff, Woman, Womb, and Bodily Integrity, 3 Yale J.L. Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. 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. Casey is considered the case that fixed the legal recognition of abortion rights. 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. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. at 1304 (discussing cases where a minors right to bodily integrity against the state has been applied in contexts outside schools and detention centers). 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. These criteria may include a requirement, such as the one in the Netherlands, that minors under the age of sixteen have the approval of their parents to refuse the treatment. Inside you'll find 30 Daily Lessons, 20 Fun Activities, 180 Multiple Choice Questions, 60 Short Essay Questions, 20 Essay Questions, Quizzes/Homework Assignments, Tests, and more. 65. 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. Coleman & Rosoff, supra note 17, at 79091 tbl.1. This would help ensure that the minor has not been coerced into making the decision to refuse lifesaving medical treatment. 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. Every value will get quality if it has relation with other values". Sara and Brian live an idyllic life with their young son and daughter. Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. Judi Picoult had successfully published My Sister's Keeper in the year 2004. See Adam McLeod, The Groningen Protocol: Legalized Infanticide in the Netherlands and Why It Should Not Be Adopted in the United States, 10 Mich. St. J. Med. 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. Sure, the time-honored truth about the frailty of life certainly springs to mind. My Sister's Keeper examines what it means to be a good parent, a good sister, and a good person. of Soc. 111. My Sister's Keeper. Id. What is the moral lesson of the story two brother? Anna has to deal with many different people accusing her of wrong doing to benefit herself or somebody else in letting somebody die. Anna believes that her only role is to be a donor for Kate. She has published novels in multiple genres including realistic fiction, historical fiction, magical realism and fantasy. 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. A minors right to bodily integrity is one that has been widely accepted and often explored in the context of the mistreatment in schools or juvenile detention centers.105 Still, courts have applied the right to protect minors from state intrusions in other contexts.106 In In re E.G., for example, the Illinois Supreme Court suggested that a minor may invoke the right in the context of refusing lifesaving treatment, as it saw no reason why [the] right of dominion over ones own person should not extend to mature minors.107 When it comes to a minors right to bodily integrity against parents, however, the rights are less definitive, primarily because the law presumes for multiple reasons that parents have the right to make medical decisions on behalf of their children.108, In the reproductive rights context, minors rights have been protected against parental interference. 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. You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. against her mother, relying on the dire circumstances that lack of medical treatment would create.49 The appellate court reversed the trials courts order to appoint E.G. There is a moral dilemma here as well, and we are invited to reflect upon how much medical treatment is too much. Sarah and Brian conceived Anna almost exclusively for the reason that Kate needed the umbilical cord blood in order to live. Kate Fitzgerald had been ill since her childhood. Kate slowly started to get sicker and eventually died. 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. Our summaries and analyses are written by experts, and your questions are answered by real teachers. 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. : Law, Children, and Compelled Donation, 29 W. New Eng. 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. Last updated by jill d #170087 3 years ago 9/8/2019 5:59 PM. 19. With the 's ending, "sister's" is the singular possessive form. 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. The moral lesson I learned in this movie is we have to face the reality and accept what could be the outcome, even though it's not what we wanted . 36. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. They're tearjerkers, but never inThe Notebook sense. Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. The woman cries: Someone kidnapped my baby! 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? The media report it day and night, calling for clues and witnesses of the crime. Let's examine 1. 261 (2011); Michele Goodwin, My Sisters Keeper? My Sister's Keeper . The court was asked to consider statements that a patient in a persistent vegetative state had made prior to a life-threatening accident, which occurred when he was seventeen-and-a-half years old.60 Coincidentally, the patient had a tangential connection to the case controlling this decision, In re Gardner,61 and in light of the publicity surrounding it, had made a statement to his mother that, were he to become comatose, he would want his mother to let [him] go to sleep.62 While accompanying his brother on a hospital visit for a comatose friend, the patient again made similar remarks, stating, I dont ever want to get like that . Del. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. 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