Wednesday, 28 January 2015

The Pediatric Dilemma.

          Recently a little girl of native ancestry with a serious but treatable disease died because her parents prevented her from receiving the appropriate treatment.  This was on the basis of cultural values and despite the supplication of members of a noted pediatric hospital, the judicial system saw fit to take a position that parental authority was not to be over-ruled and that ultimately led to her death.   Although it may be a bit of a stretch, if parents are legally entitled to make decisions, based on cultural values that may lead to the death of their children, honour killings could be argued to fit into the category.   Parents may be well-intentioned but the judicial system dictates:

        Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.
Similarly,
        Ignorantia medicina neminem excusat  (ignorance of medicine excuses no one) for a person  or group recommending  withholding life saving treatment or recommending a treatment for which there is no supportive evidence..  The onus must be on them to prove beyond a reasonable doubt that they are not harming their children.
         Thus liability for the outcome of such actions is clearly  the responsibility of any group who embarks on such a course. It is their responsibility to prove that their recommendation does no harm.  If cultural  values determines the acceptability of actions, then we are giving our imprimatur to the perpetrators of honour killings and numerous other practices long abhorred in our society.
         I believe these parents are guilty of manslaughter. The medical opinions of all are not equal. 
         It is time that we of the West clearly state our values and our commitment to enforcing many of  them before political correctness destroys us!!

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