Some Victories and Welcome Developments This Week – Quebec and New Hampshire

A fair amount of news this week. Most of it is good news. And none of it’s really bad.

First – the good.  Not one, but three assisted suicide measures were voted down in New Hampshire! (You can read about specifics regarding the main bill – HB 1325 – here.)

Here is info on 2 of the 3 bills – kind of  “back door” assisted suicide bills – from the March 6 edition of the New Hampshire Union Leader:

The House Wednesday killed legislation that would have lessened the criminal responsibility of the who help terminally ill people commit suicide.
Current law makes it a crime for someone to aids or “solicits” another to commit suicide.
House Bill 1216 would have eliminated reference to solicitation, but the House killed it on an overwhelming vote of 259-45.

More here on the second “back door” bill:

Also, the House killed House Bill 1292, which would have created an “affirmative defense” for a person charged with “causing” or “aiding” the suicide of another person who has a life expectancy of two years or less as certified by a physician, provided the person who aides the suicide “did so to alleviate the terminally ill person’s pain and suffering.”‘

I wonder if there’s a tie-in with the Final Exit Network here somehow, especially regarding the first of the two bills.  Certainly, these two bills together would have given the underground group of assisted suicide vigilantes virtual freedom and immunity from their activities – supporting and facilitating the suicides of old, ill and disabled people.

And here’s an excerpt from the Union Leader on March 6 published about 8:30 pm.:

The House Thursday soundly rejected legislation that would have allowed a terminally ill patient to seek a lethal prescription from cooperating physicians.

Under House Bill 1325, the “Death with Dignity Act,” the patient must have received a prognosis of six months or less to live by two physicians. The vote against the bill was 219-66.
But the House approved establishing a new seven-member committee to study “end-of-life” decisions and the state’s medical directive law. The vote to pass House Bill 1226 was 162-126.

The “end-of-life” committee would also investigate “the positive and negative effects of legislation in states that have enacted aid-in-dying laws,” and “how to encourage careful and responsible deliberation about this complex and emotional issue.”

I’ll try to find out more later, but it sounds like the bill was amended to strike the earlier and expansive eligibility criteria for criteria that really are more in line with the Oregon law.

News from Quebec is that opponents of Bill 52 now have more time to organize against the expansive bill that would legalize both assisted suicide and euthanasia if passed.  Amy Hasbrouck gives a short summary of issues with Bill 52 here:

Bill 52 was filed on June 12 of 2013 and would allow passive euthanasia (“continuous palliative sedation”) and active euthanasia (“medical aid in dying”) for Québec residents who have incurable illnesses and physical or psychological suffering.  An amendment to the bill requires that the person be at the “end of life,” though the term is undefined.

“When such ‘benefits’ are only available to a particular group, what does that say about the value that society puts on our lives if we are old, ill or disabled?” she asks.

Hasbrouck notes that, though more than 90% of suicide attempts fail, bill 52 would guarantee such wishes of ill and disabled people would result in death.  “What about the right to cry for help?” she said.

The vote has been delayed until sometime after April 7. I understand Canadian politics and parliamentary procedure even less than I understand US politics, but there will be a call for an election and there will be no vote on Bill 52 until after that election.  That doesn’t mean anyone can rest, though- the other side probably has the votes they need. We just have time to – maybe – turn things around.

Many thanks to all the various activists and advocates across a broad coalition that have been fighting legislation in Quebec and New Hampshire – and all the other fronts that keep us all very busy.

Press Release: Not Dead Yet Joins National Day of Mourning Vigils Tomorrow in 23 U.S. Cities

As part of a nation-wide Day of Mourning, Not Dead Yet will be among disability activists in 23 U.S. cities holding vigils on Saturday, March 1, 2014 to honor the lives of disabled people murdered by their families and caregivers.

Over 40 such murders have been reported in the United States in the last five years, ten in the last year alone. In the year since the last Day of Mourning, the national disability community has lost at least ten more victims. In January of 2014 alone, two more people with disabilities were lost in murder-suicides at the hands of their parents:  Damien Veraghen, age nine, and Vincent Phan, age twenty four. The total number of killings is likely higher than the number reported in news media. In addition, this count does not include elder homicides which which often involve elders who also have disabilities.

In a horrifying trend, parents and caregivers, those whom one should be able to trust most, are committing murder against people with disabilities in their care. We must address violence against people with disabilities and speak out against the dangerous cultural prejudice that says a disabled life is not worth living.

The Autistic Self-Advocacy Network, Not Dead Yet, and the National Council on Independent Living held the first Day of Mourning in 2012 as a response to the murder of George Hodgins, a 22-year-old autistic man from California, by his mother.

Little public attention is paid to the disabled victims of these violent acts. Media coverage and public discourse about such killings frequently seems to justify them as “understandable” and sometimes “merciful,” rather than appropriately condemning these crimes and those who commit them.

“Researcher Dick Sobsey has documented an increase in the murders of children by their parents in Canada in relation to well-publicized and sympathetic coverage of the murders of children with disabilities,” said Stephen Drake, Not Dead Yet’s research analyst. “Articles about the alleged murder of a person with a disability should not contain more about the disability than about the victim as a person. More space should be devoted to grieving family members than sympathetic friends of the accused killer.”

The National Day of Mourning is a time for the disability community to commemorate the many lives cut short. By honoring disabled victims of murder and celebrating the lives that they lived, these events send a message that disability is not a justification for violence.

The Rochester vigil will be held at the Center for Disability Rights at 497 State Street, and begins at 1:00 p.m. Speakers will include both Diane Coleman and Stephen Drake of Not Dead Yet, which is headquartered in Rochester and a co-sponsor of the national Day of Mourning effort.

[Editor’s Note:  For a PRWeb version of this release in pdf format, go here.]

Announcing The Disability Rights Leadership Institute on Bioethics

A groundbreaking event for disability rights advocates to advance the disability rights perspective on bioethics issues:

— Withholding Medical Treatment
— Assisted Suicide Laws
— Reproductive Technologies
[and more]

… and to develop our advocacy strategies on these issues.

April 25 and 26, 2014
8:45 AM to 5:30 PM –
Participants are requested to stay for the full two–day Institute.

Crystal City Marriott, Arlington, VA
Across from Crystal City Metro
1999 Jefferson Davis Hwy, Arlington, VA 22202
(703) 413-5500

Space is limited! Please Register ASAP: 
The Institute registration deadline is March 28. 
The deadline for hotel registration at the Crystal City Marriott is April 3.

Join us for this exciting and first-ever Disability Rights Leadership Institute on Bioethics (DRLIB), where disability rights advocates will gather for two focused days of learning, discussion, and honing our advocacy skills on the key bioethics issues facing the disability community in the United States (some speakers will provide an international perspective as well).

Speakers will include:

Liz Carr, Comedian, Actor in a BBC drama series, and NDY activist from the United Kingdom
Diane Coleman, President, Not Dead Yet (NDY)
Marcy Darnovsky, PhD, Executive Director, Center for Genetics and Society (CGS)
Dr. Kevin Fitzpatrick, Director, Euthanasia Prevention Coalition, Europe (EPC Europe)
Marilyn Golden, Senior Policy Analyst, Disability Rights Education & Defense Fund (DREDF)
Ari Ne’eman, President and co–founder, Autistic Self Advocacy Network (ASAN)

Costs:
Registration for the Institute itself: $175, which will help cover a number of meals as well as other DRLIB expenses including meeting space, speaker expenses, and disability accommodations.

How to register for the DRLIB:
1. First, register on-line for the Institute itself.
2. Second, if you need a hotel room at the Crystal City Marriott, you must book your own hotel reservation. The hotel deadline is April 3. Call (703) 413-5500 and mention our group name, the Disability Rights Leadership Institute on Bioethics. Hotel room rate is $139 per night plus tax.

Questions?
Contact Tim Fuchs:
E-mail: tim@ncil.org

The Disability Rights Leadership Institute on Bioethics is sponsored by:

• National Disability Leadership Alliance (NDLA)
• Autistic Self Advocacy Network (ASAN)
• Disability Rights Education & Defense Fund (DREDF)
• Euthanasia Prevention Coalition (EPC)
• National Council on Independent Living (NCIL)
• Not Dead Yet (NDY)

For the complete Announcement, go to here.

American Bar Association Newsletter Features Margaret Dore Article on Elder Financial Abuse and Assisted Suicide

In a new article that appeared in The Voice of Experience newsletter of the American Bar Association, Washington State elder law attorney Margaret Dore explained how she got involved in the fight against legalization of assisted suicide.  The ABA newsletter is only available to subscribers, but the article, Preventing Abuse and Exploitation: A Personal Shift in Focus. An article about guardianship, elder abuse and assisted suicide, also appears on Dore’s Choice Is An Illusion website.

Dore recounted some early experiences in handling guardianship cases involving elders.  Initially, she worked within the system, but then things changed:

. . . I got a case involving a competent man who had been railroaded into guardianship.  The guardian, a company, refused to let him out.  The guardian also appeared to be churning the case, i.e., causing conflict and then billing for work to respond to the conflict and/or to cause more conflict. . . .

At this point, the scales began to fall from my eyes.  My focus started to shift from working within the system to seeing how the system itself sometimes facilitates abuse.  This led me to write articles addressing some of the system’s flaws.  See e.g., Margaret K. Dore, Ten Reasons People Get Railroaded into Guardianship, 21 AM. J. FAM. L. 148 (2008), available at http://www.margaretdore.com/pdf/Dore_AJFL_Winter08.pdf.  

Dore’s career as an elder law attorney brought new elements to the discussion of potential issues affecting elders who might be victimized.  As Dore noted in her ABA article:

In 2011, Met Life released [a . . ] study . . . , which described how financial abuse can be catalyst for other types of abuse and which was illustrated by the following example.  “A woman barely came away with her life after her caretaker of four years stole money from her and pushed her wheelchair in front of a train.  After the incident the woman said, “We were so good of friends . . . I’m so hurt that I can’t stop crying.”   [The study is available at www.metlife.com/assets/cao/mmi/publications/studies/2011/mmi-elder-financial-abuse.pdf.]

Dore went on to connect the dots between elder financial abuse and assisted suicide:

In the United States, physician-assisted suicide is legal in three states:  Oregon, Washington and Vermont. . . .

All three laws are a recipe for abuse.  One reason is that they allow someone else to talk for the patient during the lethal dose request process.  Moreover, once the lethal dose is issued by the pharmacy, there is no oversight over administration.  Even if the patient struggled, who would know?

In this and other legal articles, Dore has brought new analysis and valuable insights to the public debate over legalization of assisted suicide.  The majority of reported cases in Oregon and Washington involved people with education and resources.  Unfortunately, an elder’s resources are no safeguard against abuse.  In fact, Dore’s voice of experience would suggest that resources may instead be a motivation for it. – Diane Coleman

 

Response to NYT Front Page Public Relations “Article” Promoting Assisted Suicide

(Editor’s note: The following is a revised version of an op-ed I drafted in response to the front page story published in the New York Times on February 8.  ‘Aid in Dying’ Movement Takes Hold in Some States was written by reporter Erick Eckholm. We’ve been informed that that the Times isn’t considering any op-eds in response to this article.)

I was disappointed but not surprised when I discovered that the Times published a front page article on February 8 promoting and praising assisted suicide advocates and their goals.  At first, I was tempted to think it was ghost-written by the communications staff at Compassion and Choices, the assisted suicide advocacy group that featured prominently in the article.  After a little research, it seems more probable that the promotional piece pretending to be journalism is the fault of reporter Erik Eckholm and the editors who felt the article represented real journalism.

Eckholm relied almost entirely on two sources for his article – Barbara Coombs Lee of Compassion and Choices and Robert Mitton, a 58-year-old man who started a blog late last year talking about his impending death due to a serious heart condition – and his wish to be able to kill himself when he decides it’s not worth it to live any more.  Although it’s glossed over in Eckholm’s article, Mitton’s shaky finances weigh heavily on his mind and in how long he thinks he’ll be able to afford to stick around. His blog contains a paypal button for people to contribute so that he can meet expenses for a few more months.

The one voice of opposition in the article is lifted from an unnamed article quoting a Catholic Archbishop. Obviously, there are others – aside from the Catholic Church – who have opposed the assisted suicide movement for decades.  Statewide coalitions opposing legalization of assisted suicide have all included a variety of religious organizations, medical organizations and disability rights organizations.  It would seem that Compassion and Choices – and Mr. Eckholm – only want you to know about the religious opposition.

The ways in which Eckholm’s article parrots the talking points of Compassion and Choices – or an enumeration of misinformation in the article aren’t the point of this essay.  In any case, Wesley Smith has already written that kind of post – and I’m not sure what more I could add to it.

For now, I’d like to point out the total lack of critical analysis that was applied to the discussion of terminology in the article.  It might also help some people understand why many nonreligious disability activists like myself have been opposing assisted suicide advocacy for years and even decades.

Eckholm’s article discussed the hugely significant impact of the omission of the word “suicide” on Gallup poll results, yielding much higher levels of support.  What the poll documents, of course, is the effectiveness of using fuzzy euphemisms when promoting a political agenda.  Unfortunately, the article’s subsequent discussion suggests that the growing success of the term “aid in dying” rests on its accuracy rather than its soft fuzzy distance from reality.

This kind of wordsmithing is not unique to the assisted suicide movement. Back in 2010, Chris Hayes – an editor of The Nation and currently the host of MSNBC’s  “All In,” gave a great example of pushing alternative language toward a political end while subbing for Ed Shultz on his show.  Hayes related the effectiveness of the Bush administration’s promotion of what he called “the pro-torture euphemism ‘enhanced interrogation techniques.’” According to a Harvard study he described:

From the 1930s to the last decade, “The New York Times” called or characterized waterboarding as torture 82 percent of the time.  But from 2002 to 2008, that number dropped to 1 percent of the time.  From 82 percent to 1 percent.  

Although it wasn’t covered, it can probably be presumed that the adoption of the “pro-torture euphemism” also resulted in weakening public opposition to the practice.

That’s essentially what Compassion and Choices seeks to accomplish with getting the courts and the press to embrace “aid in dying” as distinct from assisted suicide.  “Aid in dying” sounds like the comfort of hospice and palliative care for terminally ill people.  The usage of the term divorces the public’s attitudes, values and emotions regarding suicide from assisted suicide. And the social distinction is the real one that assisted suicide advocates are after. As a society, we embrace the view that suicides are preventable tragedies. Assisted suicide advocates want us to embrace their terminology so that we’ll view old, ill and disabled people living too long as preventable tragedies.

But it turns out that “aid in dying” may already be on the way to obsolescence.  Assisted suicide advocates have put themselves in a bind by insisting “aid in dying” refers to assisting the suicides of people whose deaths are imminent.  That means new terminology is needed for the next step.

By the “next step” I mean broader eligibility in terms of who gets a “hastened” death. If you read the quotes from Ms. Coombs Lee in Eckholm’s article carefully you’ll find that when talking about Compassion and Choices’ VSED – voluntarily stopping eating and drinking – program, she doesn’t mention anything about death being imminent to qualify. In fact, the first highly publicized instance of their program involved an elderly couple ending their lives together this way, when neither was imminently terminal. We’ve even heard that some people with spinal cord injury have gotten hospice assistance to die this way, although it’s unknown if Compassion and Choices was involved.

Saturday’s article also failed to take note that right now legislators in New Hampshire have introduced HB 1325, a bill that would legalize assisted suicide for the “terminally ill,” incredibly broadly defined as “an incurable and irreversible condition, for the end stage for which there is no known treatment which will alter its course to death, and which, in the opinion of the attending physician and consulting physician competent in that disease category, will result in premature death.”

That definition makes anyone with a significant chronic illness or disability “eligible” under this proposed statute, no matter how far off their “premature death” may be. Diabetes, spinal cord injury, multiple sclerosis – to name a few – can all shorten your life expectancy.

Obviously, assisted suicide advocates can’t refer to VSED and the NH bill as “aid in dying” if they stay true to their previous assertions about their rationale for the term. So what’s next?  “Death with dignity” is. It’s already part of the language of many of the bills.  And the term is even farther removed from the reality of helping a human being kill him or her self.

It’s not just hypothetical.  Last month, the website governing.com published an article by David Levine promoting the use of “death with dignity” over any other term in pushing assisted suicide legislation.  The article has been featured and lauded on Compassion and Choices’ Facebook page.

More and more, it looks like there’s a lot more enthusiasm for old, ill and disabled people having “death with dignity” (assisted suicide) available.  Meanwhile, due to stagnant or shrinking supports through the social safety net, it’s getting harder to live – with or without dignity – if you’re old, ill and disabled.

Saturday’s article got enthusiastic responses from people supportive of Robert Mitton’s plan to commit suicide but didn’t drive many people to his blog – at least people who left comments.  Meanwhile, at last report, he’s received a whole 45 dollars in donations.  Like a lot of other disability activists, I suspect that’s pretty representative of society’s relative support, enthusiasm and commitment to helping us live compared to the enthusiasm to “compassionately” offer us “death with dignity.”