TV Shows. 1295, 130203 (2015). 20069 . Well, until the doctor gives them a bit of controversial, off-the-record advice that could potentially make a significant differencehave another baby that's genetically engineered to perfectly match all of Kate's needs, whether it's for blood, bone marrow or even a kidney. Arguably, a minors right to refuse lifesaving treatment is grounded in his or her right to bodily integrity. One of the most-cited cases on this issue, and on the mature minor doctrine in general, is In re E.G.47 At seventeen years old, E.G. 94. veronica_saldana. Anna was born to be additional parts for Kate. In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. One complicated but perhaps necessary component of best interest considerations that should apply is the childs prognosis with or without treatment.133 If the procedure is technically considered lifesaving but has a low chance of actually saving the minors life, then this should work in favor of a minors wish to forgo treatment and protectible interest in fulfilling that wish. Really, there are no happy endings when a child has cancer in the advanced stages, and My Sister's Keeper doesn't hold back on how awful and debilitating the disease really is. Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. She is a housemaid and a widow that is stuck on her own trying to heal many people. App. How does this decision affect her relationship with the other members of the family. Jodi Picoult's novel My Sister's Keeper explores several different moral issues. 107. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. Medical emancipation can be either general or limited according to the structure of the statute. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. Work Licensure, 791 A.2d 125, 128 n.4 (Me. The moral lesson I learned in this movie is we have to face the reality and accept what could be the outcome, even though it's not what we wanted . Another novel One Amazing Thing (2010) like the Chaucers The Canterbury Tales each character of the group tell story about their lives when they were stranded in the building due to earthquake. 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. 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. Limiting the circumstances under which a minor may refuse such treatment in this way may prove acceptable under American law and, if accepted, would open the door to establish a robust right for any person to refuse lifesaving treatment. Sisters'. 20. A healthy family in this stage is challenged with the tasks of loosening family ties, couple relationship, parent-teen communication, maintenance of family moral and ethical standards, and . Jodi Picoult's My Sister's Keeper is a novel that explores the difficult topic of the terminal illness of a sixteen-year-old girl and the lengths her family goes through in order to preserve her life. After viewing the video, My Sister's Keeper (Johnson & Goldman [Producers], Cassavetes [Director], 2009), students explored the ethics of genetic selection, personal/professional values and the . This is part of the Massachusetts analysis of a childs best interests. This, however, does not affect their relationship with each other. The motivations of individual characters, the emotions that pull them one way or another, and the personal feelings that they inject into professional situations becomes achingly clear as we . My Sister's Keeper. In moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. This is in line with American notions of informed consent and easily transferable to a minors right to refuse treatment. 37. at 313 (Brennan, J., dissenting). 78 terms. Chances are, Id still be floating up in Heaven or wherever, waiting to be attached to a body to spend some time on Earth. In this film, the writer concludes that there are some of moral values such as honesty, bravery, love and affection, fair or justice and loyalty. Through the biggest fight of their lives, all this fictional family has is one another, which is an amazing foundation that many people aren't quite so fortunate to have. 741, 754 (1977). Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. 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. MY SISTER'S KEEPER (Movie Review) Conceived by means of in vitro fertilization, Anna Fitzgerald (Abigail Breslin) was brought into the world to be a genetic match for her older sister, Kate (Sofia Vassilieva), who suffers from acute promyelocytic leukemia. 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. Therefore, she wants to sue her parents for rights of her own body. Key words: Moral Value, Good impact, My Sister's Keeper I. Few cases have recognized a minors right to refusal, and the circumstances under which this refusal right is granted are limited. Neela:Victory Song (2002) is another work by her for young readers. 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. Instead of focusing her creative energy on sweeping stories of long lost love la Nicholas Sparks, Picoult crafts twisty tearjerkers that revolve around dysfunctional families. MY SISTER'S KEEPER by Jodi Picoult is the amazing, gut-wrenching, sad, funny, insightful, moving and thought-provoking story of this American family. "Most babies are accidents, not me. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. She traveled to find her sister on her own. Anna was an orphan. . 39. This gives the idea that Annas best interests and welfare are closely tied to those of her family, who. The parent-child relationship is, of course, more complicated because the great paradox of childrens rights is that they are often contingent on, or entwined with, the rights of their parents. 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. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. The woman cries: Someone kidnapped my baby! 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. 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). My Sister's Keeper examines what it means to be a good parent, a good sister, a good person. 101. Anna believes that her only role is to be a donor for Kate. It is a story about a family almost torn apart by illness of one daughter and the intended medical emancipation of another daughter who is tired of being a donor to her sick sister. Article Images Copyright , California - Do Not Sell My Personal Information. And now Anna's parents are insisting that she give her sister a kidney. 35. (quoting Schloendorff v. Socy of N.Y. [ ] . 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. My Sister's Keeper examines what it means to be a good parent, a good sister, and a good person. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. 92, 93 (N.Y. 1914)). Eventually Kaye was not able to continue providing the care her mother required. 2023 eNotes.com, Inc. All Rights Reserved. A designer baby, as they have come to be known, is a child genetically engineered in vitro for selected traits. Our summaries and analyses are written by experts, and your questions are answered by real teachers. ETHICAL DILEMMAS IN MY SISTERS KEEPER. "my sister's keeper"). They're tearjerkers, but never inThe Notebook sense. My Sister's Keeper is a 2009 film that focuses on the story of a family where a daughter has a severe illness. Communicative Competence 1 Linguistic 2 3 4. 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. It was also based on a novel of the same name. Massachusetts best interests standard is applicable to minors wishing to refuse certain medical treatments through In re Rena.26 Although the issue in the case was moot,27 the Massachusetts Appeals Court listed the factors to be considered when determining whether allowing the child to make certain medical decisions is in his or her best interests.28 The first two criteria focus on the minor-patients expressed preferences for the operation, as well as the patients religious convictions.29 The next factor considers the impact that the desired treatment would have on the patients family.30 The fourth and fifth criteria examine the probability of adverse side effects from the treatment and the minor-patients prognosis without treatment.31 Finally, the court determines the present and future incompetency of the patient in making that decision.32 The factors that focus on the minor-patient (i.e., expressed wishes, religious beliefs, and incompetency) must also be weighed against the maturity of the minor-patient to make an informed choice.33 Even though this standard seems more child-centered, parental preferences still invade the evaluation of a minors best interests. In . Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. In foreign jurisdictions, however, minors have recognized rights against parental decision-making that are based in their bodily integrity rights. . Science Chapter 11. 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. (2010). Lai, To Be or Not to Be My Sisters Keeper?, 32 J. App. 53. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. Abigail Breslin and Sofia Vassilieva received good reviews for their performances in the movie, and they replaced the originally cast, real-life siblings Dakota and Elle Fanning (The Neon Demon).Dakota Fanning was set to play Kate, but dropped out . & L. 557 (2006). All rights reserved. from Franciscan University of Steubenville M.A. : Medical Decision-Making Autonomy and the Mature Minor Doctrine, 13 Ind. 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. Anna, on the other hand, desires her medical freedom. and Mrs. Samuel D. Riddle have recalled fthjlr Invitations to a. dinner at the RlU-Carlton Itetore the Bal Masque owing to the death of Mfv . "Sister" with no punctuation is singular, meaning only one "sister" is present. 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. Once Anna reaches a certain age, she realizes what has been happening to her and refuses to go through with anything else by suing her mother. Gramtical Competence -the acquisition of phonological rulesw,morphological words,syntactic rules,semantic rules and lexixal items Sociolinguistic Competence -the learning of pragmatic aspect of various speech acts,namely,the cultural values, norms, and other . Co. v. Botsford, 141 U.S. 250, 251 (1891): No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.. Anna's mother has a right to make medical decisions for her. Meanwhile, the. Latest answer posted October 22, 2010 at 3:25:56 AM. My sisters KeeperCan someone help me formulate the cultural context of this novel? 133. How does it affect the kidney donation issue? 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. In re E.G., 549 N.E.2d 322, 325 (Ill. 1989). Is it morally correct to do whatever it takes to save a child's life? Anna was born in order to serve as a bone marrow donor for her sister, and as time goes on, she winds up being forced to undergo many painful procedures for this purpose. 136. Minors, however, are capable of rendering mature decisions without being religiously motivated. 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. 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. A kidney transplant?. Finally, think about Kate's desire to die and how she has influenced Anna into starting the lawsuit. She had got acute promyelocytic leukemia. In this scenario what would be the subsequent possibility? What words would describe Kate from My Sister's Keeper? See id. My Sister's Keeper Essay Topics & Writing Assignments. Judi Picoult had successfully published My Sister's Keeper in the year 2004. Is the ending of My Sister's Keeperhappy or sad? ; In re E.G., 549 N.E.2d 322, 326 (Ill. 1989). Nick Cassavetes' 'My Sister's Keeper' explores ethical questions surrounding the use of genetic science to design organ donors through in vitro fertilization. Kate has realized that Anna has been sacrificing a lot for her. 705 N.E.2d 1155 (Mass. The media report it day and night, calling for clues and witnesses of the crime. Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. 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. The U.S. Supreme Court acknowledged a substantive due process right to bodily integrity in Rochin v. California,91 but the right is one that has long been recognized by common law.92 Bodily integrity as a fundamental right safeguards a persons body from governmental intrusion93 and is considered a right that is sacred.94 Recognition of this right has served as the basis for some of the most controversial of Supreme Court decisions, including the reproductive rights cases. "Sister" and "sister's" are the singular forms. 4. tracyt. As the summary on the back of the book states, "Anna is not sick, but she might as well be.". Ct. App. Is it worth trying to discover who you really are if that quest makes you like yourself less? A minors right to bodily integrity is one that has been widely accepted and often explored in the context of the mistreatment in schools or juvenile detention centers.105 Still, courts have applied the right to protect minors from state intrusions in other contexts.106 In In re E.G., for example, the Illinois Supreme Court suggested that a minor may invoke the right in the context of refusing lifesaving treatment, as it saw no reason why [the] right of dominion over ones own person should not extend to mature minors.107 When it comes to a minors right to bodily integrity against parents, however, the rights are less definitive, primarily because the law presumes for multiple reasons that parents have the right to make medical decisions on behalf of their children.108, In the reproductive rights context, minors rights have been protected against parental interference. My Sister's Keeper is the story of Anna Fitzgerald, who by the age of thirteen has undergone many blood transfusions, numerous surgeries, and multiple bone marrow transplants. 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. Sure, the time-honored truth about the frailty of life certainly springs to mind. 21. Children, however, are not merely an extension of their parents, and if the State is able to recognize that in certain contextssuch as in termination of parental rights proceedingsthen it should also apply in the context of medical decisions. Another major theme in this novel is "The importance of living in the moment.". Under the Belgian law, a psychologist must determine the minors capacity to make an end-of-life decision, while in the Netherlands, capacity seems to be presumed in minors that reach certain ages and is therefore more akin to the common law rule of sevens.135. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). Much of the literature written on this novel focuses on Anna, the sister who was born in order to become a donor for her sister, Kate, and the ethics of forcing such donations from a child.2 Anna hires a lawyer to sue her parents for the rights to [her] own body so that she cannot be forced to donate a kidney to her sister.3 While Anna is providing testimony in court, however, it is revealed that Kate had appealed to Anna and asked her to let her die.4 This revelation not only transforms Annas seemingly selfish act but also raises two important questions: What lengths must a minor go through in order to die with dignity, and when is it possible for a minor to refuse lifesaving treatment? 2004. Being dishonest with themselves and dishonest with their children is a conflict. Anna sued her parents for the right to her own body, for Kate and for herself. However I do not think she meant for Anna to be at the mercy of her sister. eNotes.com will help you with any book or any question. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. 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. Download the entire My Sister's Keeper study guide as a printable PDF! Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. /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. Second, there is a strong moral theme regarding the morality (or lack thereof) of Anna's parents continuously using Anna's body as a resource for Kate. 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. Movies. 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