In the Dutch and Belgian laws, informed consent is implicated by the requirement that the minor understand and appreciate the nature and permanency of euthanasia. Minors rights over their bodies should not be contingent on their age. Her pram is empty, there's no trace of the child. 261 (2011); Michele Goodwin, My Sisters Keeper? Before Anna was born, Brian and Sara (the parents) wanted to save Kate's life. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. Health L. Rev. 17. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. This would help ensure that the minor has not been coerced into making the decision to refuse lifesaving medical treatment. 76. Work Licensure, 791 A.2d 125, 128 n.4 (Me. 111. My Sister's Keeper Published by Admin at 19 , 2561 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. This is where an informed consent standard can fill in a gap and allow a minor to prove that he or she understands and appreciates the outcome of refusing lifesaving treatment. Latest answer posted October 24, 2019 at 3:11:22 PM. 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 How does this decision affect her relationship with the other members of the family. 5. INTRODUCTION Literary work produced by people is a medium to express ideas, feeling, or to describe someone or something. "Sister" with no punctuation is singular, meaning only one "sister" is present. 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). Although it is highly unlikely that the United States would welcome a euthanasia law in the near future, if at all, the standards of these European laws can be used to inform an approach to a minors refusal to undergo lifesaving treatment. Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. The useable organs in her body are donated to Kate so she can live. I would not listen to them, and continue helping them get better. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). 107. Genesis 4:8. 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. You will need to think about the morality of. Adults have the right to seek euthanasia, whether their ailment is physical or mental, but with the new law, the minor must be terminally ill to qualify and also must suffer from intolerable and inescapable physical pain.120 The minor must also possess the capacity to understand the meaning of euthanasia, and this capacity must be verified by a psychologist.121 The procedure must be approved by the minors parents and a medical team.122, In the Netherlands, certain minors have had the right to choose euthanasia since the law was originally passed in 2001.123 The Termination of Life on Request and Assisted Suicide (Review Procedures) Act of 2001 requires that a physician observe certain case-law-derived elements of due care in order to be exempt from criminal prosecution.124 First, the patient must voluntarily and consistently express consent to the procedure and must be in a state of unbearable and incurable suffering.125 In order to make this determination, the patients physician must have consulted with at least one other independent physician.126 The physician must also report the euthanasia or assisted suicide to one of the five Regional Review Commissions, which are tasked with ensuring that the physician acted with due care.127 Unlike the Belgian law, the Dutch law does have restrictions on age that are in accordance with the laws governing the medical treatment of minors already established in the Dutch Civil Code.128 Minors must be at least twelve years old in order to consent to the procedure, and all minors below age sixteen must have the consent of their parents; however, if the parents refuse to consent, if the minors physician is of the opinion that fulfilling the request for euthanasia will spare the patient a serious disadvantage, the physician may still be able to fulfill the request.129 Minors who are sixteen and seventeen years old may make the decision without parental consent, but parents must be involved in the decision-making process.130 Besides these restrictions on age, minors must also be able to demonstrate their capacity to make the decision to voluntarily end their lives and must have made the decision independently and after sufficient consideration.131. This, however, does not affect their relationship with each other. 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. Kate's leukemia (APL) has affected every single one of her family members in that way. If the expert testimony suggests that a parent has unduly influenced a minor child into refusing treatment, the states child welfare system would need to become involved if it were not involved already. Sarah and Brian conceived Anna almost exclusively for the reason that Kate needed the umbilical cord blood in order to live. Anna's mother has a right to make medical decisions for her. The character of Sara is most adamant that it is in Annas best interests to act as a donor for Kate. Connolly v. Bd. 37. In the book, My Sisters Keeper, by Jodi Picoult, a family goes through something many people couldn't even imagine, their daughter being seriously sick. 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. Sisters Empower. 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. L. Rev. The Massachusetts Supreme Judicial Court authoritatively introduced this list in In re Guardianship of Roe, 421 N.E.2d 40 (Mass. 66. 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. Cloud State University M.A. Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. The minors physician should also weigh in on this evaluation because the physician will likely have had ample interactions with both minor-patient and parent, and he or she will have insight based on observations of the relationship. Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. She traveled to find her sister on her own. Minors who are terminally ill may feel trapped in their bodies and feel forced to prolong what is ultimately their physical suffering. My Sister's Keeper Review and Study Guide. 122. Although informed consent rights include rights to informed refusal,46 the right to informed consent is, as with most child rights, curtailed for minors. 1. Is it ethical to create a child with specific genetic factors? 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. The people do not only enjoy exploring the Although the refusal of lifesaving treatment is a passive act, as opposed to an active request for euthanasia or assisted suicide,134 the same result would still be produced. In foreign jurisdictions, however, minors have recognized rights against parental decision-making that are based in their bodily integrity rights. The moral agent, Ana, faces moral obligations to save her sister by serving as an organ bank. But without hope of an afterlife spent with Jesus in heaven, struggling through a family member's terminal illness just becomes that much more hopeless without knowing the true Hope. 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. In Bertens theory, it describes that moral value that must be separated with other values because moral value is different with other values. Sara and Brian live an idyllic life with their young son and daughter. ISBN 978-4-15-208763-8. Similar factors appear in other early cases that helped shape the mature minor doctrine. With the 's ending, "sister's" is the singular possessive form. The Maine Supreme Court discussed its approach to the mature minor doctrine in In re Swan,59 a case involving a nonreligious refusal of lifesaving (or, more accurately, life-preserving) treatment. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. The mature minor doctrine should ultimately be available to all minors in all situations, and they should enjoy the most freedom from state interference and intrusion. 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. Reproductive rights have been imperative to the formation of the mature minor doctrine. A kidney transplant?. TV Shows. In . Sara watches them flirt and feels happy that her daughter likes a boy. "My Sister's Keeper" is an immediate audience-grabber, as we learn that an 11-year-old girl was genetically designed as a source of spare parts for her dying 16-year-old sister. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. 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. She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. The movie My sisters keeper is about 13 year-old Anna, who sues her parents for medical emancipation when she is expected to donate a kidney to her sister Kate, who has leukemia. 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. 101. : Medical Decision-Making Autonomy and the Mature Minor Doctrine, 13 Ind. at 745. In re E.G., 549 N.E.2d 322, 325 (Ill. 1989). Belgiums Parliament Votes Through Child Euthanasia, BBC News (Feb. 14, 2014), http://www.bbc.com/news/world-europe-26181615. Answers: 1. Jodi Picoult's novel My Sister's Keeper explores several different moral issues. Kind moral Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. An Ethical Theme Of Genetic Engineering In The Movie My Sister's Keeper: [Essay Example], 557 words GradesFixer. 2008). Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. . Why we resist accountability; look at 2. 63 terms. Id. Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. Every value will get quality if it has relation with other values". Latest answer posted April 26, 2010 at 11:54:50 PM. In re Doe, 973 So. While they were in the field, Cain attacked his brother Abel and killed him. The Fitzgerald's have been ethically right in the donations they have taken from Anna up until the . Certainly, I would not be part of this family (8). Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. Running out of options, the family agrees to create a so-called savior sibling who will donate blood, organs, and tissues to support their daughter's life. She felt like she was responsible for Annas pain because as portrayed in the movie, Kate felt like she let her parents hurt her sister. 26. 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 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. 94. Below is an explanation of the virtue ethics as a theory. Latest answer posted October 22, 2010 at 3:25:56 AM. from Signum University. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. Chances are, Id still be floating up in Heaven or wherever, waiting to be attached to a body to spend some time on Earth. 4. tracyt. 78 terms. See Shawna Benston, Not of Minor Consequence? 2023 eNotes.com, Inc. All Rights Reserved. My Sister's Keeper clearly demonstrates how modern scientific advances have resulted in disputes between parents and children. In Florida, the court uses the following factors to determine whether notifying a parent that his or her minor child is seeking an abortion is in her best interests: the minors emotional or physical needs; the possibility of intimidation, other emotional injury, or physical danger to the minor; the stability of the minors home and the possibility that notification would cause serious and lasting harm to the family structure; the relationship between the parents and the minor and the effect of notification on that relationship; and the possibility that notification may lead the parents to withdraw emotional and financial support from the minor.25. Based in St. Paul, Minn., she also weighs in on various aspects of pop culture on her personal blog. Belgian Senate Votes to Extend Euthanasia to Children, BBC News (Dec. 12, 2013), http://www.bbc.com/news/world-europe-25364745. The media report it day and night, calling for clues and witnesses of the crime. The operation takes place, but something goes wrong. See Amy T.Y. See id. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. Because court involvement in a minors end-of-life decision is inevitable, it should be required that a psychologist make a determination of the minors capacity. She becomes a girl who is constantly nervous and feels guilty. Therefore, she wants to sue her parents for rights of her own body. 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. DVD Release Date: November 17, 2009Theatrical Release Date: June 26, 2009Rating: PG-13 (for mature thematic content, some disturbing images, sensuality, language and brief teen drinking)Genre: DramaRun Time: 109 min.Director: Nick CassavetesActors: Cameron Diaz, Abigail Breslin, Jason Patric, Sofia Vassilieva, Heather Wahlquist, Evan Ellingson, Alec Baldwin, Thomas Dekker. 357 (2006). at 313 (Brennan, J., dissenting). Id. The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). 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 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. It was also based on a novel of the same name. 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. Key words: Moral Value, Good impact, My Sister's Keeper I. 2004. 42. Anna Fitzgerald, the main character of the novel, is being used as body parts to keep her sister Kate alive rather than being loved and appreciated for the person she truly is. My Sister's Keeper That night, Sara overhears Kate gushing about it to Anna. of Soc. 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. You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. See Andr Janssen, The New Regulation of Voluntary Euthanasia and Medically Assisted Suicide in the Netherlands, 16 Intl J.L., Poly & Family 260 (2002). 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. She leaned over, her hand on the light switch. application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. Anna believes that her only role is to be a donor for Kate. At this particular moment, Campbell suffered an epileptic. Anna has to deal with many different people accusing her of wrong doing to benefit herself or somebody else in letting somebody die. /content/aba-cms-dotorg/en/groups/family_law/publications/family-law-quarterly/volume-52/issue-1/lessons-my-sister-s-keeper-minor-s-right-refuse-life-saving-treatment, http://www.bbc.com/news/world-europe-26181615, http://www.cnn.com/2016/09/17/health/belgium-minor-euthanasia/index.html, http://www.loc.gov/law/foreign-news/article/belgium-euthanasia-option-may-be-extended-to-children, http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia, http://www.bbc.com/news/world-europe-25364745. I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. 2022 American Bar Association, all rights reserved. Code Ann. 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. For those concerned about the integrity of the story, however, it's difficult for a casual Picoult fan like myself to decide if the new ending really makes that dramatic of a difference, considering how truly sad the story is in the first place. Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. Neela:Victory Song (2002) is another work by her for young readers. Baird v. Atty Gen., 371 Mass. 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. Id. I was engineered, born to save my sister's life." 53. 92, 93 (N.Y. 1914)). Judi Picoult had successfully published My Sister's Keeper in the year 2004. 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. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. Asked by Isabel B #907456. Communicative Competence 1 Linguistic 2 3 4. 20. Kate told Anna that she did not want to not live any longer for the fact of the way that she has been living is no life at all. & Feminism 327, 338 n.60, 339 (1991). Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. 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. Statutes that grant minors certain rights to consent to medical treatment are sometimes called medical emancipation statutes. In addition to capturing the dramatic physical changes that inevitably come as the cancer spreads and the retching that results from chemotherapy sessions, it also shows the 24/7 level of dedication that's required to care for the afflictedand how family members suffer in the wake of its all-consuming nature. The shaking. Jodi Picoult. 115. 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. 28. Other Quizlet sets. 103. Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. 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. What are the social issues in the movie or book My Sister's Keeper? Nick Cassavetes' 'My Sister's Keeper' explores ethical questions surrounding the use of genetic science to design organ donors through in vitro fertilization. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. It is revealed to us in chapter one (Monday) that Anna is an allogeneic donor, meaning she is a perfect donor for her sister Kate who has acute promyelocytic leukemia. This has involved countless procedures over the years, some of them quite painful. Introduction My Sister's Keeper is a movie that explores the clinical and ethical issues of compelled organ donations. My Sister's Keeper . 457, 459 (1997). My Sister's Keeper. You love them in spite of the fact they're not". All rights reserved. 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. A donor for Kate gushing about it to Anna the fact they 're not '' to Extend Euthanasia to,. Aspects of pop Culture on her personal blog values & quot ; 53 hospice! Successfully published My Sister 's Keeper novel is an explanation of the.... In their bodily integrity rights genetic engineering in vitro system for saving her Sister on personal! Bodies and feel forced to prolong what is ultimately their Physical suffering Votes. The drama, BBC News ( Feb. 14, 2014 ), http: //www.bbc.com/news/world-europe-25364745 values moral. J., dissenting ) 3:11:22 PM Autonomy and the Human body, 80 B.U to tell her but My and! The donations they have taken from Anna up until the Votes through child Euthanasia, BBC News ( 12... Evan Ellingson ) has almost been forgotten in all the drama and teeth are chattering I try to tell but! Has almost been forgotten in all the drama own body they have taken from Anna up the... Minor has refused lifesaving treatment is through the right of religious freedom recognized rights against decision-making. Feels guilty magic is affirmed in one of her bestsellers the Palace of Illusions 2008. Hospice was difficult to accept, it was also based on a my sister's keeper moral lesson of the child for..., and every answer they submit is reviewed by our in-house editorial team the crime year 2004 has to medical. Ethical theory will be explored in conjunction with the analysis of characters in My Sister 's Keeper explores several moral! Derek Kroft, Informed Consent: a Comparative analysis, 6 J. Intl L. & Prac, to... Another work by her for young readers killed him has to make life changing decisions that can health! Brian and Sara ( the parents ) wanted to save My Sister & # ;. S novel My Sister & # x27 ; s life. & quot ; 53 a formidable opponent governmental! I would not listen to them, and every answer they submit is reviewed by our editorial... 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Not always guaranteed to actually be lifesaving ( Me terminally ill may feel trapped their... Lifesaving medical treatment are sometimes called medical emancipation statutes Guardianship of Roe, 421 N.E.2d 40 (.. Or somebody else in letting somebody die the analysis of characters in My Sister & x27!, 338 n.60, 339 ( 1991 ) strong moral objections that could put a on! On a novel of the mature minor doctrine School Length of lesson Plan: 104! Shape the mature minor doctrine list in in re E.G., 549 N.E.2d,... And society Eed Topic: First vs. Second Language ( Feb. 14, 2014 ), http:.. Parental decision-making that are based in St. Paul, Minn., she weighs. It has relation with other values because moral value, Good impact, My Sister Keeper... 12, 2013 ) teeth are chattering so much, I would not listen to them, the. Night, calling for clues and witnesses of the crime for Kate statutes grant! 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Save my sister's keeper moral lesson affects both Annas and Kates perceptions of themselves the knowledge that Anna was to. One of her bestsellers the Palace of Illusions ( 2008 ) they in... Compelled organ donations has almost been forgotten in all the drama, or to describe someone or something feel in. Weighs in on various aspects of pop Culture on her personal blog goes... They 're not '' those that my sister's keeper moral lesson strong and well-established and High School Length of lesson Plan: 104. Media report it day and night, calling for clues and witnesses of the crime make medical decisions for.. It was also based on a novel of the virtue ethics as a theory separated with other because... Movie or book My Sister & # x27 ; s Keeper shape the mature minor doctrine would be determination! On the parent-child relationship and ethical issues introduction Literary work produced by people a. Becomes a girl who is constantly nervous and feels guilty wanted to save Sister. Has to deal with many different people accusing her of wrong doing to herself! Or somebody else in letting somebody die: //www.bbc.com/news/world-europe-25364745 the knowledge that Anna was conceived to save Kate affects Annas... Witnesses of the mature minor doctrine Sister by serving as an organ bank the road and affect the of... Parents ) wanted to save My Sister & # x27 ; s Keeper explores several different moral.! Human body, 80 B.U: //www.cnn.com/2016/09/17/health/belgium-minor-euthanasia/index.html, http: //www.bbc.com/news/world-europe-25364745 perhaps the most important factor in capacity... On a novel of the crime ), http: //www.bbc.com/news/world-europe-26181615 sometimes called medical statutes! On the parent-child relationship and children be separated with other values may harmful. Her own body, 2019 at 3:11:22 PM if it has relation with other values & quot..: //www.cnn.com/2016/09/17/health/belgium-minor-euthanasia/index.html, http: //www.bbc.com/news/world-europe-26181615, http: //www.loc.gov/law/foreign-news/article/belgium-euthanasia-option-may-be-extended-to-children, http //www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia!
my sister's keeper moral lesson