Dr.
James Drane
Russell B. Roth Professor of Clinical Bioethics (Emeritus)
at Edinboro University of Pennsylvania
Introduction:A
Society of Moral Strangers
Cultural Based Morality
Getting beyond cultural differences
via medical ethics
The content of a universal ethics
Universal principles and concrete
norms
The case of female circumcision
Conclusion
Notes
Introduction: A Society of Moral Strangers
There
is something which human beings around the world seem to share:
i.e. the tendency to reduce deep and elusive complexities about
human existence to short, simple, slogan-like formulae. Abortion
complexities, for example, generate oversimplified slogans about
life and choice. The same is true of pressing political and religious
issues. Slogans in their turn, reinforce artificial group boundaries
formed around these synthesized belief statements. Some persons
belong to more than one such group: a club, a protest group, an
advocacy organization, a fringe political party, a fundamentalist
group, a gang, a militia. The group or organization reinforces
the simplified belief statements, strengthens unfounded superiority
claims, and creates a narrow and separate culture.
Bolstered by fellow believers in the group, along with visual
identifiers like badges, metals, particular styles of clothes
or hats, etc... the endurance of the artificial social boundaries
and separate cultures are guaranteed. Every group becomes something
like a sect. Every sect adopts some version of "we are the only
true church" idea. Those outside the narrow cultural boundaries
are considered lost, enemies, odd, different, or not worthy of
respect.
Societies, in both developed and developing nations, have become
fragmented into separate cultures of fellow believers on the one
hand and moral strangers on the other. People feel the need to
belong, and to be part of some group or another. Many have a strong
need to belong among "the saved" or the "superior". They split
off from "the others" and make few attempts to communicate outside
their sectarian "communities." Separate cultures become stronger
while the broader culture, which used to be called civil society,
weakens. When civil societies disintegrate, prejudice, racism,
and sectarianism flourish. Tolerance, brotherhood-sisterhood,
and respect for persons who are different have again become major
challenges as we approach the third millennium.
How can something so basic to human survival as respect for other
human beings become so easily endangered? What happened to that
sense of wonder and respect which is grounded on looking into
another human face. Who can come into contact with a small child
without feeling tenderness and love? Sad to say, the answer even
to this last question is that there are many who can, especially
if the child is from a different racial or cultural or "religious"
group. For more and more of our fellows, the human experience
of respect based on seeing the other´s face has been lost. For
more and more human beings the foundation of a universal ethics
has been lost and only members of their own narrow culture matter.
If all this is true, then, it seems appropriate, once again, to
inquire about the possibility of recovering a unviersal ethics.
We need to recover universal values and articulate universal standards
which bind all humans; ones which would draw us back into respectful,
indeed even friendly communication with one another; ones which
would help us to appreciate our groups or cultures without losing
appreciation for others. Is it possible that the concept of disease,
the experience of illness and a medical professional´s commitment
to help persons in distress might help us all to find our way
back?
Cultural Based Morality
Different cultures are assumed to have different moral values.
Stated in its usual way, people are different and so, too, are
their morals. "It is impossible to develop trans-cultural or universal
ethical standard," is a widely held conviction in the U.S. Cultures
are taken to be the sole source of ethical standards and the term
culture referes to ethnic, racial, religious, linguistic, nationalistic
divisions and even to the beliefs and behavioral patterns of smaller
particular groups. The assumption is that no way exists to ground
a universal ethics. We humans are assumed to be hopelessly divided.
A person might be pushed to admit that babies and children are
the same everywhere, but the idea that common beginnings might
be the ground of a common human structure from which common ethical
standards may be derived is not given serious consideration. Universal
human traits, if they exist, are assumed to disappear in the course
of human development and consequently only culturally different
people remain.
Without universal values and standards, ethical disagreements
have to be settled either by force or tolerance. Radical cultural
relativity logically assumes pessimism about objective moral standards
and leads either to patterns of force or to an ethics of tolerance.
Despite the absence of any convincing arguments to support the
validity of their beliefs, cultural groups in the U.S. struggle
with one another politically, not to advance tolerance but in
order to impose what they consider to be right. Morally divided
groups prefer force and fight to legislate their ethical convictions.
Right-wing American politicians especially, along with militia
members, for example speak very negatively of the U.N. Any suggestion
that the U.S. might be bound to respect ethical standards which
are at odds with what they believe to be national interests is
considered absurd. What is right and good for one group may indeed
be disastrous for other people, but it is taken for granted that
each must push and fight to impose its own cultural values and
interests. The idea, for example, that anyone should sacrifice
national or economic advantage to what is good for people in other
cultures or good for human kind is considered to be political
heresy and anti-American. The assumption is that universal ethical
obligations are nonexistent. Cultural goods are all there are.
When these come into conflict, there are only two options: either
fight to impose one culture´s values on others, or promote a culture
of tolerance in which every culture (or individual) is on its
own, in a free, competitive market environment. The options are
either economic struggle or all-out war.
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Getting Beyond Cultural Difference Via Medical Ethics
The proposition that human beings, so divided culturally, and
"religiously," can come to agreement about a universal anthropology
or "theology" from which universal ethical standards could be
derived, is admittedly a difficult one to argue.(1) But the idea
that universal medical ethical values and standards might be derived
from a common-sense understanding of the ends and purposes of
medicine seems more feasible. If babies are the same everywhere,
and solicit from emotionally normal people a disposition to protect
and help, the same is true of people with illness and disease.
Disease and illness are objective realities which we can all recognize
no matter what our cultural, philogophical or theological differences.
We may not be able to agree about the nature of man or what constitutes
the universal structure of a human person. Admittedly, the nature
of reality will always be problematic but not so, or less so,
the nature of human disease. Cholera, T.B., Malaria, Leprosy,
and AIDS create the same painful and needful human conditions
everywhere. These commonalities can serve as a basis for developing
standards for how people who suffer from disease should be treated.
Said differently, the reality of disease and pathology, as well
as the needs of sick people, are so robust and obvious that they
can structure or serve as the foundation of an objective medical
ethics, characterized by universal or trans-cultural ethical standards.
It is one thing to agree about the structure of reality, and a
much easier thing to agree about the pathological deterioration
of a physical system (e.g. the circulatory, respiratory, immune
system). Pathologies can be agreed upon even if we might disagree
about whether the source be a lesion, an imbalance, a microbe,
or the influence of an evil spirit.
The possibility of developing objective medical ethical standards
based on universal disease conditions and associated patient needs
is enhanced by the fact that in mainline western medicine, disease
is understood by using widely agreed upon scientific categories.
Mainline medicine´s response to disease is based on laboratory
science´s universal research methodologies. All important medical
research ultimately requires the involvement of human subjects.
Fifty years ago, in 1947, experience with the way Nazi doctors
used human subjects for scientific medical research lead to the
first modern secular expression of a universal medical ethics.
The Nuremberg Code´s ethical standards have been expanded and
refined but remain in place everywhere. They provide us with an
example of an objectively based universal ethics.(2) No matter
where research involving human subjects is carried out it creates
the same ethical dangers both for human subjects and the same
ethical standards for their protection.
Clinical ethical standards are also created by medical treatment.
Medical technology shapes both scientific resarch and clinical
treatment of disease. How can technology be used humanely on people
who have a disease or are ill? How can inhumane use of medical
technology be avoided? How can vulnerable patient´s needs best
be addressed when the available technological interventions are
dangerous? These are questions asked wherever medicine is practiced.
It is easier to argue against inhumane uses of medical technology
than it is to recognize inhumanities of other sorts. Could anyone
justify the way Nazi doctors used technology on sick, uninformed
and vulnerable patients? A culture-based ethical relativism seems
less obvious once one enters the smaller worlds of scientific
research and medical practice.(3)
Modern western medicine in effect seems able to generate a medical
ethics which transcends particular cultures, just as illness,
disease, and scientific research do. After Nuremberg, other universal
standards were promulgated.(4) Revulsion caused by disrespect
of human subjects generated the same ethical standards for proper
treatment of research subjects everywhere.(5) Later, the standards
governing the use of research subjects were applied to the treatment
of patients.(6) Cultural standards certainly exist in modern medicine,
but so too do universal ones. Within the smaller world of medicine
it is easier to recognize ethical standards which are peculiar
to cultures and those which transcend cultures.
The transcendent standards are familiar to most readers of this
paper. Patients and research subjects for example, must be treated
with respect and respect involves some version of what we call
informed and free consent. This ethical requirement remains valid
even in cultures where women have little power to control most
aspects of their lives or where the health care system has no
money for medications being tested! This first positive ethical
standard enunciated at Nuremberg was followed by many negative
ones. All forms of physical torture with physician involvement
have been condemned. The same is true of the use of psychiatric
interventions on political dissidents. The proscription against
the use of psychiatric intervention on political dissidents was
issued over against opposition coming from countries and cultures
which habitually violated it.(7)
Modern medical ethics in effect can serve as an encouraging example
of international ethical dialogue directed toward creating universal
ethical policies and concrete ethical standards for implementing
abstract values like respect and justice. A universal or trans-cultural
medical ethics actually exists and is expanding.(8) In international
medical ethics, one culture does not impose its values or policies
on others. Rather a dialogue occurs about how the universal and
trans-cultural principles will be implemented. Cultural or national
ethical review committees might be required to apply the universal
standards, but these latter are not set aside or subjugated to
contrary particulr customs.(9)
The statement that different cultures generate different ethical
standards is a platitude. It ignores another truth, i.e., that
trans-cultural commonalities also exist. Admittedly, these are
more difficult to recognize and to formulate. Different geographies,
histories, languages, religions, racial and ethnic strains, obviously
are out there and so is the facile conclusion that these contribute
to different moral practices. But, different cultures also have
common elements, and more ethicsl communalities exist based on
shared human conditions than some people are disposed to recognize.
Cultural contents, including religious and ethical standards,
also change and develop. Evolution is as clear in religious and
cultural based ethics as it is in other areas of life. Ethical
values and standards, even though at present divergent, can move
toward convergence under the influence of shared experience, especially
important experience like sickness and medical treatment, experimentation
and human involvement in research. Modern medicine, in both its
research and treatment modalities, pushes different cultures toward
ethical convergence and trans-cultural ethical standards.
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The Content Of a Universal Ethics
Arguing against culture-based ethical relativism is made difficult
by the fact that all important ethical commonalities are embedded
(and hidden) in language instead of being out there on the surface
of reality to be perceived and measured. Even common ethical values
generated by the same background medical conditions often are
expressed differently. North Americans, for example, prefer rationalistc,
secular, principle-based talk about ethics. Another culture may
express the same ethical values in religious language or in virtue
categories; in a more narrative and less rationalistc style. But
these differences do not destroy an underlying objective ethics,
one which obliges researchers and subjects, doctors and patients,
no matter what their cultural identities and religious beliefs.
An ethnocentric ethics may be more obvious, but difficulties in
articulating universal medical ethical standards are not insurmountable.
We have already seen universal standards articulated by the U.N.
and other international organizations. Supporting these is an
international ethics which is already in place. We agree for instance
that in order to be ethical, medical treamtent has to be beneficial
to the person or at least it must strive to be so. Even involvements
in medical research must provide a sick subject with benefit.
Treatments like experiments always involve some risk which has
to be measured against anticipated benefit. Patients in different
cultures can certainly respond differently to benefits and risks
but balancing these is part of a trans-cultural ethics. Harming
a patient, or merely feigning help, or refusing to help is wrong
in research in treatment and is so everywhere.
We see confirmation of the fact that medicine creates common ethical
standards and values by looking not just at recent international
delcarations but also at different historical medical codes: Hippocratic,
Chinese, Persian, Indian, Hebrew, and Japanese Codes. These were
produced in different historical times and in different cultures
and yet provide powerful examples of common ethical standards.
The ancient codes all called for physicians to suppress self interest
in favor of the interests of the sick person. Altruism toward
sick and needy patients was always a medical ethical obligation.
This special form of love broke down into universal proscriptions
against killing and harming and taking sexual advantage of patients.
It also meant guarding patient´s secrets and confidences.
Today we speak of truthful communication which patients require
in the sense of honest information about their condition, as a
condition for free choice from among real medical options. If
one or more ways exist to eliminate the disease or re-establishment
function or relieve pain, then the patient must be involved in
the selection of an option. The way respect is shown elsewhere
may not be as individualistic as the U.S. style of informed consent
but its absence cannot be tolerated no matter what cultural custom
might dictate. Patient respect in the form of a requirement of
informed consent is a modern addition to the older values of beneficence
and non-maleficence. It is however equally universal and an example
of how medical ethics, like all forms of ethics, evolves,
It may seem strange but truth or truthfulness, historically, was
not a medical or physician value. Doctors in fact were considered
exempt from the requirement to speak the truth. Today things are
changing in this regard. Doctors too have to tell the truth to
patients. There are exceptions to the rule and subtleties exist
in determining just what truthful communication involves in medicine,
but a requirement not to lie, has become another trans-cultural
ethical standard.
Without the universal value of honesty, personal relationships
cannot develop and this is especially true of therapeutic relationships.
Lying is an enemy of curing, no matter what the culture. Manipulations
of patients through lies pollutes the doctor-patient relationship
and the whole context of modern medicine. Universal medical ethics
requires of doctors that they struggle against self promotion
because this easily leads to a compromising of truthfulness. Lying
and other forms of willful patient deception are violations of
a trans-cultural medical ethics.
Paradoxically, respecting different cultures is another important
universal ethical value because it is tied to respecting human
persons who are what they are, to some extent, as a result of
their culture´s language, art, literature, customs, religion,
and law. Respecting a culture involves respecting the identiy
of persons formed in that culture. Violating some cultural forms
and practices amounts to violating persons. When conflicts develop
in intercultural doctor-patient relationships, conceptual clarity
and careful procedures for working toward morally defensible resolutions
is one more trans-cultural ethical requirement. Mediating procedures
are especially important in situations of apparent conflict between
universal standards and particular cultural norms.
Respect for culture is a universal but not an absolute ethical
value. Limits exist to the respect due to cultural norms. Cultures
cannot treat sick people anyway they like, cannot use medical
technology anyway they like, cannot use human beings in research
anyway they like, cannot intervene into the human genome anyway
they like, cannot make whatever laws they like to reduce population.
The issues raised everywhere by modern medical practice may generate
different cultural responses, but no response is ethically admissible
just because it is a longstanding cultural practice. We will see
examples of this delicate problem in the next sections.
What one culture approves may create unacceptable impositions
on people in another culture. A rich nation, for example, which
approves the purchase of organs would create a terrible imposition
on a poorer neighbor pushed to self mutilation and child slavery
in order to survive. If money alone is allowed to determine access
to treatments, only the most wealthy will live, and they will
do so at the expense of the most deprived. That would be wrong
even if it receives cultural approval from radical free market
capitalist believers. Reproductive health practices may differ
from culture to culture. The same is true of confidentiality standards,
and what is considered to be just or equitable health care delivery.
But this does not mean that anything goes, or that no limits exists
to what a culture may approve or disapprove.
If certain medical ethical standards are trans-cultural so too
are certain medical ethical dilemmas. How much autonomy does the
patient have and how is this balanced with a physician´s professional
standards? How much power does the public health officer have
and how is this balanced with individual patient autonomy? Medical
practice is an economic reality, but how can economics be kept
from turning medicine into a purely monetary enterprise? Technology
inevitably plays a role in human reproduction but what are the
limits of technologically engineered reproduction? Research using
human subjects is necessary but at what point does it cross over
into being manipulation and misuse of human beings?
Cultural differences do not require ethical relativism but, rather,
fuel a drive to articulate standards which transcend cultures
and oblige us all. A trans-cultural medical ethics is based on
common dimensions of human persons, common scientific assumptions,
common conditions created by disease, and the commonalities inherent
in the relationship between a sick person and the doctor from
whom help is sought. Given the shared background assumptions of
modern medical science and the shared technologies of modern medicine´s
interventions, humane medical help can and should conform to common
ethical standards no matter what the cultural context. Medical
ethics can be trans-cultural because the science of medicine and
the experience of sickness both are. Trans-cultural or universal
ethical standards may not be obvious, but intercultural dialogue
to identify them and to articulate them is a worthwhile enterprise.
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Universal Principles And Concrete Norms
To argue convincingly for the existence of a universal medical
ethics is just the first step in a complex and difficult project.
The next step is to attempt to move from abstract universal values,
to concrete norms or rules covering specific situations. The general
values or principles are helpful in determining what to do in
a clinical situation but something more is needed. It is one thing
successfully to ground a universal medical ethics in the form
of basic values (respect, beneficence, truth, love, life, justice)
and another thing to apply these principles coherently to cultural
practices or to develop concrete policies for a set of particular
circumstances. A workable universal medical ethics must be closely
linked with the every day circumstances of medical practice.
The first thing to note about moral choices made in actual medical
practice is that they tend to be made with some sense of urgency.
They are not the kind of choices one can afford to mull over or
talk about forever. And yet they are full of subtitles and complexities.
The choices are important both for the patient and the doctor.
The pressing urgency of many clinical decisions, however, cannot
justify instinct-driven decisions or shoddy decision making procedures.
What has been argued for thus far in this paper is a medical ethics
which one finds in international medical declarations, codes,
and conventions. It is an ethics of very general standards. Medical
ethics codes speak about ethics at an abstract level of discourse.
The most recent Convention on Human Rights and Bio-medicine of
the Council of Europe(10) speaks of dignity of all human beings,
integrity, equitable access, therapeutic benefit, the primacy
of human beings, free and informed consent. This last general
requirement is broken down into standards for adequate information
and free consent, even for mentally disabled patients or in emergencies.
One specific negative policy was formulated against the disposal
of human body parts for financial gain.
Work on this Convention began in 1989 and concluded with final
approval in Nov. 1996. Its policies are intended to sreve as international
standards which build upon the 1948 U.N. Universal Declaration
of Human Rights and subsequent international conventions and covenants.
The Convention points toward creating an intercultural unity in
ethical standards for biology and biomedicine.(11)
This latest statement of international ethics attempts to set
general standards and assumes that in different cultures these
will be somewhat differently applied. In fact, in every instance,
a gap will exist between the universal ethical standards and the
cultural circumstance or medical context in which these will be
applied. The universal standards alone are not anough. Before
they generate ethical policies for particular cultures, a detailed
examination of cultural circumstance and clinical context is required.
A flat-footed, direct, and unsubtle application of general principles
will oftentimes create more harm than good. Said differently,
universal ethical principles are fundamental and yet will usually
require some adjustment in order to be properly applied. Culture
will never invalidate universal ethical principles or require
that they be violated. Culture, however, will always require consideration
for the way principles are applied via rules and norms.
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The Case Of Female Circumcision
The issue of female circumcision provides us with an example of
the relationship between universal principles and concrete cultural
applications. Those who deny the validity or even the possibility
of a universal medical ethics opt simplistically for cultural
relativism. They will accept the way certain cultures manipulate
the sexual organs of young women. Whatever is right or acceptable
in a particular culture will be considered right and acceptable.
General principles like beneficence, non-maleficence, truth, and
respect are simply set aside. On the other side are universalists
who proceed deductively from the abstract principles to immediate
proscription of any and every practice related to female sexuality.
Cultural context are left completely out of consideration. A middle
ground perspective gives close and careful attention to cultural
context in order to understand just what universal values and
principles require and how they should be applied to change the
situation of young girls whose loving parents believe that female
circumcision is a necessary good.
Female circumcision is a term which describes different types
of genital surgeries performed usually on very young girls in
many African, Indian, Malaysian and Middle Eastern Cultures. It
involves partial or total clitoridectomy, sometimes with an added
surgical closure of the vaginal opening. An estimated 100 million
women are subjected to circumcision which is usually performed
without anesthesia in non-sterile conditions. Besides the immediate
pain associated with the procedures, infections are common. So
too are long term ill effects like infertility, painful intercourse
and diminished sexual response.
In most cultures where it is practiced, female circumcision is
a "woman´s thing", i.e. controlled by female rather than male
family members. It is such a common practice that it is understood
by many to be "normal" and "natural." In addition, it is considered
a requirement for marriage, an ethnic marker, a way of proving
virginity and protecting family honor, even a way of enhancing
a husband´s pleasure. Religious support for the practice in Islam
is usually linked to beliefs about ritual purity and the need
to control female sexuality rather than to the authority of Islamic
scripture. (Male circumcision on the other hand is required both
in Islamic and Jewish scripture).
Because female circumcision is strongly rooted in certain culture
it is even practiced on non-Muslim girls. It is a marriageability
requirement for them too, as well as a way of keeping their husbands
sexually satisfied. The daughters of more affluent, secular parents
may be sent to physicians in order to reduce the pain and infection.
But even for them it is believed to be a protection from sexual
involvement when they have to wait until after their university
educations in order to marry.
Objections to female circummcision based on universal ethical
principles are strong and spreading. They can be traced centuries
into the past. Catholic missionaries at first considered the practice
to be wrong and forbade it, only to relent, when catholic girls
found themselves unmarriageable. More recently, feminists have
embraced the anti-circumcision cause and have involved the World
Health Organization in their crusade which is carried out under
the banner of Women and Children´s Health. The circumcision practices
have been publicized in the popular press and are often labeled
as mutilation, torture, barbarism and ritualized abuse. Because
circumcision is practiced even in Europe and America by immigrants
from Africa and the Middle East, legislation has been introduced
both in Europe and North America to ban the practice. In Canada,
The College of Physicians and Surgeons developed a policy statement
which barred the procedure. By contrast, the vast majority of
women in the cultures where it is practiced still consider it
a normal preparation for womanhood.
To recognize the complexities involved in applying universal ethical
standards to cultural practices is not to give up on the project.
An effective international ethics must be able to take the subtle
steps toward concrete application of broad principles to particular
heatlh related practices. Sensitive and nuanced application begins
with a thorough understanding of how the health related practices
are experienced by persons within a culture. Outsiders don´t always
get a clear picture of this simply by looking at a practice through
a Western cultural lens.
Patience is required. Cultural practices in developing nations
may not change as rapidly as they do in modern societies but they
do change. To extract a cultural practice from its settings and
to consider it unalterable is to stereotype a complex and essentially
developing phenomenon. One recognizable instance of cultural ethical
evolution is a widespread acceptance today and appreciation of
western medical interventions when faced with life-threatening
situations. Trusted local medical practitioners can help to avoid
oversimplified misunderstandings of the culture and insensitive
applications of the universal principles. They can be important
for starting up dialogue and mediation between the universal and
the cultural.
The aim of applying universal principles to problematic cultural
practices is to prevent a health related harm or to advance a
medical good. In order to accomplish one or the other objective,
the consequences of cultural practices and mandated changes must
be carefully assessed. Sometimes added harm may occur as a result
of moral interventions. These latter, made by outsiders, can easily
come over as self righteous and condemnatory.
Finding the right voice for speaking about ethics and morality
is critical. Questions like how much can be said and to whom,
have to be addressed. Simple condemnations may be clear and honest
but seldom accomplish the intended goods. Statements that express
understanding of how questionable cultural practices originally
developed can modify and moderate dialogue intended to make moral
changes. Success depends upon finding the right language for expressing
the moral judgement and the right sources of moral authority.
If moral judgements are being made by persons from another culture,
some language which recognizes the moral inadequacies of both
cultures may help. This reduces the possibility of a bioethical
judgement coming over as moral imperialism. Some statements of
respect for the culture whose practices are being judged also
help. An admission and recognition of the perspective from which
the judgement is being made is honest and helpful: e.g. "from
the perspective of modern western medicine, this or that practice
causes serious and long term damage. It aggravates the existing
symptons and provides no compensating medical benefit."
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Conclusion
There is no way of avoiding the ethical dimensions of human behavior.
Even the research scientist not involved with human beings has
to ask himself or herself whether it is right or good to be involved
in a particular project (e.g. gene mapping or nuclear physics).
If this is true of work in physics and genetics, it is certainly
true of work in an applied science like medicine. Every doctor,
in every culture, with every patient, has to ask whether what
he or she proposes to do, or is being asked to do, is ethically
right. It is more than understandable that healers in every culture
developed an ethical code. Sensitivity toward the needy ill was
always required, as well as respect for their human dignity, a
guarding of their secrets, and a commitment not to take advantage
of their vulnerability or to do them harm.
Consideration of culture in the application of a universal medical
ethics can never equate to a betrayal of universal standards.
To keep this from happening, doctors and nurses, who are already
culturally formed, need to be formed by the universal ethics.
It is all too easy for health care professionals to be influenced
by cultural/political powers to violate historical and universal
standards. The universal norms and policies (for example, against
torture, abuse, mutilation) have to be given real force in order
to counter cultural pressure on medical persons who earn their
living working from others (e.g. a government or the military).
International professsional associations need real political power
to counter political power from other institutions within a culture.
Doctors and nurses in every culture have to receive ethical education
and must experience the solidarity of the universal medical community
in order to stand up against economic and political pressures
which often demand ethical violations. Unless a global or universal
medical ethics is taught effectively to future doctors and nurses,
it will never be translated into practice. And unless universal
medical associations monitor medical practice and respond to reports
of ethical violations, the universal ethics will amount to a list
of platitudes. If ethical violations occur, global medical associations
have to intervene.
The medical ethical failures which took place in Nazi Germany
provide lessons which cannot be ignored. German medicine was the
most highly regarded scientific medicine in the world. Doctors
who worked for the state (most doctors in a socialist system)
and/or for the military were first ready to label political dissent
a disease and then to report on their patients. These initial
ethical failures preceded an even closer cooperation with political
powers regarding "inferior persons" (mentally ill, Gypsies, Jews)
which first called for less treatment and ended up calling for
mass murder. The apparent ease with which many doctors and nurses
carried out state sanctioned immoralities shows how important
it is to provide explicit and thorough ethical training, followed
by a strong awareness of the medical behaviors being monitored
by international medical associations. Immediate resistance has
to be instilled to any use of medical personnel or medical interventions
for accomplishing non medical objectives (for example, military
readiness, preference for male babies, insurance eligibility).
Peoples and cultures are different but they are also somewhat
the same. We human beings share illness and the need for medical
assistance. We share beliefs in the basic asumptions of scientific
medicine and the relationship between a scientific healer and
a needy patient. Some different health related practices must
be allowed to stand, while others must not be allowed because
they violate basic principles. Sometimes, changes in cultural
practices required political power and dicisive action. Universal
medical ethics, however, has to be more than promises and principles.
It has to get down to details and make changes in medical practices
which benefit patients in whatever culture they happen to be immersed.
Perhaps medicine can set an example for respectful humane treatment
of human beings across cultural divides. "Doctors Without Borders"
and "Physicians for Human Rights" are already setting a powerful
example of how persons in all cultures should be treated. They
provide proof of the acceptability of western scientific medical
interventions in non-western cultures. Their doctors remind us
of the medical implications of human rights. Medical professionals
are the "priests" of today´s world. If they effectively "preach"
a Univrsal Ethics by the way patients in every culture are treated,
maybe a truly civil society can be rescued. Maybe people locked
in narrow cultures which distorts their view of others can be
freed. Maybe the human family and humane society can survive.
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NOTES:
- This
difficult proposition however is being advanced by Hans Kung,
a German Catholic Theologian. He organized a Parliament of The
World´s Religions in Chicago in 1993 and has published a number
of books on this topic: GLOBAL RESPONSIBILITY: IN SEARCH OF
A NEW WORLD ETHIC (SCM Press, Long/Continuum, New York 1991),
A GLOBAL ETHIC: THE DECLARATION OF THE PARLIAMENT OF THE WORLD´S
RELIGIONS (SCM Press, London/Continuum, New York 1993), and
YES TO A GLOBAL ETHIC (Continuum Publishing Co, New York 1996).
His is an ethic of four basic principles derived from world
religions.
- THE
NUREMBERG CODE, Washington D.C.: U.S. Government Printing Office,
1949.
- Later
on, the same ethical standards used to judge Nazi doctors were
applied to condemn similar technological abuses by U.S. physicians.
News of grossly unethical behavior by some Nazi physicians during
World War II as followed in the U.S. by a series of revelations
of similar ethical failures involving experimentation on vulnerable
patients in American medicine (Willow Brook School, Jewish Hospital
in New York, and the Tuskagee Syphilis Study). In 1966 Henry
K. Beecher, a Harvard physician, published an article in the
New England Journal of Medicine in which he exposed patterns
of unethical conduct in medical research.
- The
U.N. Universal Declaration of Human Rights (1948) joined to
the international Covenant on Civil and Political Rights (1966);
The Declaration of Helsinki (1964) promulgated by the world
Medical Association and revised in 1875 (Tokyo), 1983, (Venice),
1989 (Hong Kong); The International Ethical Guidelines for Biomedical
Research Involving Human Subjects (1982)(1993).
- International
standards mentioned in NY Times.
- The
Nuremberg Code (1947) set the standard of free and informed
consent by competent subject/patients. Over the years the elements
of information, free consent, and competency,
essential for ethical research, were applied as well to patient
involvement in treatments procedures. Informed Consent constitutes
the foundation of modern medical ethics, both research and clinical,
world-wide.
- At
the time of its final passage the most frequent violators and
main source of opposition was the Soviet Union. Today the violators
are in totalitarian and fundamentalist states.
- The
following are examples of ethical codes and declarations which
claim international status. They come from different sources:
Amnesty International, The Declaration of Stockholm on the Prevention
of Torture; from the U.N., Principles of Medical Ethics; from
WHO, Declaration of Geneva, International Code of Medical Ethics;
from the World Psychiatric Association, Declaration of Hawaii;
from the International Council of Nurses, Statement on Nurses
and Torture.
- Virtually
every developed nation today has some type of National Ethics
Committee which sets policies and proposes statuatory regulations
to legislatures.
- CONVENTION
FOR THE PROTECTION OF HUMAN RIGHTS AND DIGNITY OF THE HUMAN
BEING WITH REGARD TO APPLICATION OF BIOLOGY AND MEDICINE: CONVENTION
ON HUMAN RIGHTS AND BIOMEDICINE. The Council of Europe. Strasbourg,
Nov. 1996.
- The
term bioethics was not used because in the minds of some, it
was identified with the opinions of Peter Singer, an Australian
who endorses active euthanasia for declining elderly and defective
infants.
 
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