Letter to expert child psycologist re. minors refusing medical treatment

by kwintestal 10 Replies latest watchtower medical

  • kwintestal
    kwintestal


    My letter to Dr. Jim Gabarino

    Dear Dr. Gabarino,

    My name is Sean Polden and I live in Halifax, Nova Scotia. I was recently discussing an issue with someone, and as she had previously attended one of your lectures, she suggested that I contact you to see if you would possibly have some information that I require. I am seeking legislative change regarding the allowance of "mature minor" status for children who wish to refuse live-saving or live-extending medical treatment on the basis of religious choice. I am curious if you know of any studies that show that children in the 10-16 year age bracket can be easily manipulated to pursue a cause, or are more willing to become martyrs for a cause then people of other age brackets.

    To me, a child who choses death over medical treatment makes that desision on the same basis as a child who straps a bomb on themselves and walks into a crowded area. The only difference is the first child only hurts themselves. The reason I am requesting this information and attempting to make this change, is because when I was 10-16 years old, I would have chosen death over certain medical treatments, specifically a blood transfusion as I was raised a Jehovah's Witness, however when I reached the age of 16, 17, or 18 years old, I would have seriously considered extending my life over a church doctrine. I want to give this choice to other children who may face this issue in the future.

    Thank you so much for your time, as I'm sure you are quite busy.

    Sean Polden, Halifax, Nova Scotia

    This is Mr. Gabarino's responce:

    Dear Sean: Thanks for writing. This is a very interesting matter. I can't think of research that addresses the issue specifically in the terms you require. What does come to mind is the research on sexaul abuse that conceptualizes the problem in terms of "informed consent." Children are incapabl of giving informed consent to have sex with adults because of two reasons. First, their cognitive capacities to fully understand the consequences of the actions are limited. Second, their roles viz a vis adults compromises their autonomy. This may be relevant to your question. Also, see an article by Larry Steinberg in The American Psychologist entitled "Less Guilty be Reason of Adolescence: (published in the last few years) that considers the research that limits the capacity of adolescents to make sufficiently mature judgments about their actions to conform to legal definitions of "culpability." I think you can make a good case that the conservative course would be to say that kids should not make irrevocable decisions (like refusing health care because of religious reaons, particularly when adults who are important in their lives, are the source for those religious

    beliefs). Hope this helps. Regards, Jim Garbarino
  • kwintestal
    kwintestal


    Very interesting the connection he made between informed consent regarding sex and refusing medical treatment.

    Kwin

  • RunningMan
    RunningMan

    What struck me about the comparison, is that I have heard JWs compare forced blood transfusions with rape. It makes you wonder who is raping whom.

  • shera
    shera

    Nice Kwin,keep up the good work!

  • misguided
    misguided

    kwin...excellent!!

    Rose

  • Nathan Natas
    Nathan Natas

    Good work, Kwin, and GOOD THINKING!

    The article is here in pdf format (requires the FREE Adobe Acrobat Reader):

    http://libsnap.dom.edu/Reserves/ amp58121009.pdf

  • kwintestal
    kwintestal

    Thanks NN, I printed that off and will read it later tonight!

    Kwin

  • damselfly
    damselfly

    I'm still catching up on all the posts since I've been away.

    That's very interesting that he brought up the informed consent for sexual contact isn't it? Keep up the compaign.

    Dams

  • Lady Lee
    Lady Lee

    You might want to look at this.

    Baptism - The Issue of Consent - for children http://www.jehovahs-witness.com/12/34266/1.ashx

    I took Finkelhor's discussion on the issue of consent and children and sexual abuse and adapted it to the issue of child baptism. You could easily adapt this regarding the blood issue.


    Baptism - The Issue of Consent - for children

    The issue of whether a person has consented to a particular action is a core part of our social relationships whether they be personal or group interactions. To participate in any social relationship a person must on some level consent to that participation. For consent to occur a person must know what it is they are consenting to and must have true freedom to say yes or no. Unless both of these criteria are present and valid true consent cannot occur.

    For example, for a person to "consent" to joining a group they must be fully aware of the rules of the group. Non-disclosure of the rules before the consent is given would be fraudulent on the part of the group and would therefore make any implied "consent" invalid. This is true in all legal contracts whether written or verbal. Both parties must clearly have stated what they are consenting to before the contract is valid. With-holding information vital to the contract invalidates it. However if all the articles of the contract are clearly spelled out and one party refuses to read the articles, often referred to as "the fine print," then that refusal is taken that full acceptance of the contract is valid.

    A point can be made about children and the issue of consent. In some cases children can and do consent" to certain relationships. A boy may get a job as a paperboy. He is instructed on the rules of the job and the compensation for his work. Many children fulfill this type of contract responsibly.

    But in our society legal experts agree that children do not have a legal right to make certain contracts. Due to the lack of maturity and knowledge inherent in being a child giving "consent" would not fulfill the two criteria required for that consent to be valid.

    In regards to a child giving consent to joining a religion such as the Jehovahs Witnesses (JWs), as a full member, this issue becomes very important. Can a children fulfill the conditions in regards to full membership in the JWs.?

    Even if full disclosure was given to the adults who join the JWs (which they are not given), it is clear that children cannot. Children lack the information necessary to make an "informed" decision about the matter. They are ignorant about how adult contracts are made and enforced. More important, they are generally unaware of the social meanings of religious commitment. For example, they are unlikely to be aware of the rules and regulations surrounding religious expectations what they are supposed to signify. They are uniformed and inexperienced about what criteria to use in judging the acceptability of any religion except the JWs. Children most often agree to certain behaviors out of fear or loyalty or a desire to please the adults in their lives. This would preclude the issue of freedom invalidating the contract. And finally, children have little way of knowing how other people will react to the experience they are about to undertake what likely consequences it will have for them in the future.

    In discussing the issue of consent, socail psychologist David Finkelhor states, "For another thing, a child does not have the freedom to say yes or no. This is true in a legal sense and also in a psychological sense. In a legal sense, a child is under the authority of an adult and has no free will. In a more important psychological sense, children have a hard time saying "no" to adults, who control all kinds of resources that are essential to them. Food, money, freedom all lie in adult hands. In this sense, the child is like a prisoner who volunteers to be a research subject. The child has no freedom in which to consider the choice." In a desire to please the adults around him or her the child makes a decision based on wrong motives and inaccurate knowledge.

    The basic proposition here is that child baptism is wrong because the fundamental conditions of consent cannot prevail in the relationship between a religion and a child. "It adds a moral dimension to the empirical one" (Finkelhor). Thus even if it could be shown that in many cases children were helped by religion affiliation, one could still argue that the experiences were wrong because the children could not consent. The wrongness is not contingent upon the proof of a positive or negative outcome.

    Due in part to the emotions religious affiliations create, we know that these relationships often come into conflict with other kinds of roles and other kinds of social responsibilities. (This conflict becomes apparent, for example, when the JWs forbid certain social or scholastic activities with their peers.)

    Growing up in a family brings a certain social stigma to a child. People in our society react with both alarm and prejudice toward a child who has been involved with the JWs (even after the child grows up). This stigma may be unfair but it does exist, and it is unfair of adults who wish it didnt to inflict such stigma on children, who cannot be fully cognizant of its existence. Finkelhor states, "To rear a child in a stigmatized status cannot be considered a crime in and of itself, or else we would have to support laws to make it a crime to bring up a child to believe in communism."

    The reality is that few adults are fully informed of the WTs rules and regulations until after they have been baptized. There is a clear set of rules for those who are not baptized and a much stricter set of rules for those who have been baptized. To allow a child to submit to this double-standard without a clear explanation of what that standard is would be fraudulent.

    Children also would not be fully able to consent to such an issue due to the fact that they are still developing in their minds. What a child wants at 10 or 11 is very different from what they want at 15 or 18. For a child to give consent at a younger age when his or her brain is not even developed enough to understand certain concepts which can only occur at a later developmental stage is absurd. To hold this child to his or her "consent" would be immoral.

    Copyright 2002; Lee Marsh

  • kwintestal
    kwintestal

    Lee, I find it odd, that the WTS out of one side of their mouth states that minors can make choices of great importance on their own, yet at the same time say they are immature enough to make other, less important choices without the assistance of their parents. Examples:

    Child wants to get baptised or refuse a blood transfusion. They're mature enough to make these major decisions, even though it may cost them their lives!

    Child wants to join a sports team at school or go to a school dance. You must talk to your parents about that and see what they say.

    This happened to me. I was baptised in grade 7, that was fine, I was mature enough to do that on my own. I wanted to join the football team i grade 12, well NO WAY! I'd be around bad association and obviously not mature enough to handle the situation. Talk about BS!

    Anyway, we're on the same page on all of this. It's just too bad that there is such a blatent double standard within the WTS about minors, and its these children who have to pay the price for the WTS's FREE ADVERTISING because that's what they get out of the publicity these kids sacrifice.

    Kwin

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