The Ashley Treatment: Improving Quality of Life or Infringing Dignity and Rights?

The 'Ashley treatment' (growth attenuation, removal of the womb and breasts buds of a severely disabled child) has raised much ethical controversy. This article starts from the observation that this debate suffers from a lack of careful philosophical analysis which is essential for an ethical assessment. I focus on two central arguments in the debate, namely an argument defending the treatment based on quality of life and an argument against the treatment based on dignity and rights. My analysis raises doubts as to whether these arguments, as they stand in the debate, are philosophically robust. I reconstruct what form good arguments for and against the treatment should take and which assumptions are needed to defend the according positions. Concerning quality of life (Section 2), I argue that to make a discussion about quality of life possible, it needs to be clear which particular conception of the good life is employed. This has not been sufficiently clear in the debate. I fill this lacuna. Regarding rights and dignity (section 3), I show that there is a remarkable absence of references to general philosophical theories of rights and dignity in the debate about the Ashley treatment. Consequently, this argument against the treatment is not sufficiently developed. I clarify how such an argument should proceed. Such a detailed analysis of arguments is necessary to clear up some confusions and ambiguities in the debate and to shed light on the dilemma that caretakers of severely disabled children face.

Maternal request for caesarean section: an ethical consideration.

Caesarean section (CS) is a method of delivering a baby through a surgical incision into the abdominal wall. Until recently in the UK, it was preserved as a procedure which was only carried out in certain circumstances. These included if the fetus lay in a breech position or was showing signs of distress leading to a requirement for rapid delivery. CS is perceived as a safe method of delivery due to the recommendation by the National Institute for Health and Care Excellence (NICE) in these situations. As a result, the opportunity for maternal request for CS arose, whereby the mother requests the operation despite no medical indication. There are risks associated with CS, as with all surgery, however, these risks in current and future pregnancies may not be fully understood by the mother. The ethics of exposing mothers to these risks, as well as performing surgery on what is otherwise a healthy patient, become entangled with the demand for patient choice, as well as the increasing financial strain on our healthcare system. The main question to be examined in this essay is whether it is ethical to allow women to choose a CS in the absence of obstetric indication, taking into account the increased risk to the mother and her future offspring in order to potentially decrease the risk to the current baby. Alongside a case report, this analysis will apply Beauchamp and Childress' four principles of biomedical ethics and an exploration of the scientific literature.

Limites e possibilidades do exercício da autonomia nas práticas terapêuticas de modificação corporal e alteração da identidade sexual / Limits and possibilities to the exercise on autonomy in therapeutic practices of physical modification and sexual identity alteration

As normas brasileiras condicionam o acesso às modificações corporais para alteração da identidade sexual à confirmação do diagnóstico psiquiátrico de transexualismo - transtorno de identidade de gênero ou sexual -, e o acompanhamento psiquiátrico por dois anos para sua realização. O desconforto com o sexo anatômico e o desejo de a pessoa modificar a genitália para a do sexo oposto é o principal critério definidor do diagnóstico de transexualismo. A cirurgia de transgenitalização é considerada etapa final do tratamento, e vem sendo admitida pela instância judicial como condição necessária para a alteração da identidade sexual legal. O artigo discute o conflito moral entre o sujeito transexual e as normas vigentes em relação ao exercício da autonomia individual nas práticas terapêuticas, aplicando as ferramentas da bioética, a partir da análise dos argumentos utilizados pelas instâncias de saúde e judicial sobre o tema, nos artigos, documentos e decisões judiciais nacionais. Observa-se que houve avanços no acesso aos recursos terapêuticos e legais, mas as limitações e restrições ainda impostas ao exercício da autonomia do/a transexual podem ter efeitos negativos para a saúde e os direitos daqueles não considerados pela norma vigente como "verdadeiros transexuais". Os direitos da pessoa transexual à assistência integral à saúde, inclusive sexual, e ao livre desenvolvimento de sua personalidade são infringidos no momento em que a autonomia do paciente não é adequadamente preservada pelas normas vigentes, convertendo-se os direitos humanos num tipo de dever de a pessoa adequar-se à moralidade sexual dominante.

According to current Brazilian health authority policies, one's access to physical modifications to have his/her sexual identity altered is dependent upon an established psychiatric diagnosis of transsexualism - gender or sexual identity disorder - in addition to two years of psychiatric evaluations, in order to have it come to fruition. The discomfort with his/her sexual anatomy and the desire to have his/her genitalia modified is the defining criteria to the diagnosis of transsexualism. Sex reassignment surgery is considered to be the last step of such a treatment, and it is viewed by the Judiciary as a necessary condition to effect change in the legal sexual identity status of the transsexual person. This paper argues the moral conflict between transsexual issues and current health policies related to one's exercise on autonomy with regard to therapeutic practices. Hence, Bioethics tools are applied to the discussion, due to the result obtained from an analysis of the arguments made by the health authorities and judicial systems, on the subject, through articles, documents, and Brazilian court decisions. Regarding therapeutic and legal access, some advances have been made. However, notwithstanding, limitations and restrictions still being imposed regarding the exercise of the autonomy of the transsexual individual, might have a negative impact on the health and legal rights of those not acknowledged by the current norms as "true transsexuals". The rights of the transsexual individual to a comprehensive healthcare assistance system, including sexually related health issues, as well as the right to the free development of his/her personality are infringed, at the very moment when the patient's autonomy is not duly safeguarded by current health policies, thus making human rights look more like a duty, to which the person must adapt to as the dominant sexual morality.