|
Index
Preface
Introduction
I.-Ministers of Life
II.-Life
III.-Death
Endnotes
Preface
After long, careful and multi-discipline preparation, the <Charter for
Health Care Workers> is now being published at the initiative of the
Pontifical Council for Pastoral Assistance to Health Care Workers.
Nothing happens by chance in human affairs, and even chronological
coincidence can have symbolic meanings. In fact, the awaited document is being
published a few months after the institution (February 11, 1994), by the Holy
Father, John Paul II, of the Pontifical Academy for Life, which ideally,
operatively and in its statutary finality is closely associated with the tasks
of the Office for Pastoral Assistance to Health Care Workers.
And this Office cannot but feel flattered that the Congregation for the
Doctrine of the Faith approved and quickly confirmed in its entirety the text of
the Charter submitted to it: another reason for its full validity and secure
authority, but also a concrete proof of the inter-dicastery cooperation
expressly desired in the motu proprio which set up the Pontifical Council for
Pastoral Assistance to Health Care Workers.
There are many reasons for recommending a knowledge, the divulgation and the
application of the directives contained in this deontological code for those
engaged in health care. Its publication fills a lacuna which was strongly felt
not only in the Church but also by all those who empathize with the primary task
it fulfills of promoting and defending life.
The extraordinary advances of science and technology in the very vast field
of health and medicine have produced an independent discipline called bioethics,
or ethics of life. This explains why, especially from Pius XII onwards, the
magisterium of the Church has intervened with increasing interest, with
consistent firmness and ever more explicit directives concerning all the complex
problems arising from the indissoluble bond between medicine and morality. None
of these problems can be considered neutral at this time in relation to
Hippocratic ethics and Christian morality. Hence the requirement, strictly
respected in the Charter for Health Care Workers, for an organic and exhaustive
synthesis of the Church's position on all that pertains to the affirmation, in
the field of health care, of the primary and absolute value of life: of all life
and the life of every human being.
Therefore, after an introduction on the figure and essential tasks of health
care workers, or better, of the "ministers of life," the Charter
gathers its directives around the triple theme of procreation, life and death.
And so thatóas often happensódoubtful interpretations may not prevail over
the objective worth of the contents, in the redaction of the document the
interventions of the Supreme Pontiffs and authoritative texts issued by the
Offices of the Roman Curia have almost always been quoted directly. These
interventions show conclusively that the position of the Church on the
fundamental problems of bioethics, while safeguarding the sacred limits imposed
by the promotion and defense of life, is highly constructive and open to true
progress in science and technology, when this progress is welded to that of
civilization.
At the beginning of the Charter the activity of the health care worker is
said to be "a form of Christian witness."
Humbly, but also proudly, we can say that this Charter for Health Care
Workers is part of the "new evangelization" which, in service to life,
especially for those who suffer, has, in imitation of Christ's ministry, its
qualifying moment.
The hope then is that this work-tool may become an integral part of the
initial and ongoing formation of health care workers, so that their witness may
be proof that the Church, in its defense of life, opens its heart and its arms
to all people since Christ's message is addressed to all people.
Card. Fiorenzo Angelini President of the Pontifical Council for Pastoral
Assistance to Health Care Workers
Introduction
I. Ministers Of Life
1. The work of health care persons is a very valuable <service to
life>. It expresses a profoundly human and Christian commitment, undertaken
and carried out not only as a technical activity but also as one of dedication
to and love of neighbor. It is "a form of Christian witness."[1]
"Their profession calls for them to be guardians and servants of human
life" (<Evangelium Vitae> 89).
Life is a primary and fundamental good of the human person. Caring for life,
then, expresses, first and foremost, a truly human activity in defense of
physical life.
It is to this that professional or voluntary health care workers devote their
activity. These are doctors, nurses, hospital chaplains, men and women
religious, administrators, voluntary care givers for those who suffer, those
involved in the diagnosis, treatment and recovery of human health. The principal
and symbolic expression of "taking care" is their <vigilant and
caring presence at the sickbed>. It is here that medical and nursing activity
expresses its lofty human and Christian value.
2. Health care activity is based on an interpersonal relationship of a
special kind. It is "a meeting between trust and conscience."[2] The
"trust" of one who is ill and suffering and hence in need, who
entrusts himself to the "conscience" of another who can help him in
his need and who comes to his assistance to care for him and cure him. This is
the health care worker.[3]
For him "the sick person is never merely a clinical case"óan
anonymous individual on whom to apply the fruit of his knowledgeó"but
always a 'sick person,' towards whom" he shows a sincere attitude of
"sympathy," in the ethymological sense of the term."[4]
This requires love: availability, attention, understanding, sharing,
benevolence, patience, dialogue. "Scientific and professional
expertise" is not enough; what is required is "personal empathy with
the concrete situations of each patient."[5]
3. To safeguard, recover and better the state of health means serving life in
its totality. In fact, "sickness and suffering are phenomena which, when
examined in depth, ask questions which go beyond medicine to the essence of the
human condition in this world. It is easy to see, therefore, how important in
socio-medical service is the presence...of workers who are guided by an holistic
human vision of illness and hence can adopt a wholly human approach to the
suffering patient."[6]
In this way, the health care worker, if animated by a truly Christian spirit,
will more easily become aware of the demanding missionary dimension of his
profession: "his entire humanity comes into play" here "and
nothing less than complete commitment is required of him."[7]
To speak of mission is to speak of <vocation>:[8] the response to a
transcendent call which takes shape in the suffering and appealing countenance
of the patient in his care. To care lovingly for a sick person is to fulfill a
divine mission, which alone can motivate and sustain the most disinterested,
available and faithful commitment, and gives it a priestly value."[9]
"When he presents the heart of his redemptive mission, Jesus says: 'I came
that they may have life, and have it abundantly' (Jn 10:10).... It is precisely
in this 'life' that all the aspects and stages of human life achieve their full
significance" (<Evangelium Vitae> 1).
The health care worker is the <good Samaritan> of the parable, who
stops beside the wounded person, becoming his "neighbor in charity (cf. Lk
10:29-37).[10]
4. This means that health-care is a ministerial instrument of God's
outpouring love for the suffering person; and, at the same time, it is an act of
love of God, shown in the loving care for the person. For the Christian, it is
an actualized continuation of the healing love of Christ, who "went about
doing good and healing everyone" (Acts 10:38).[11] And at the same time it
is love for Christ: he is the sick personó"I was sick"ówho assumes
the face of a suffering brother; since he considers as done to himselfó"you
did it to me"óthe loving care of one's brother (cf. Mt 25: 3140).[12]
Profession, vocation and mission meet and, in the Christian vision of life
and health, they are mutually integrated. Seen in this light, health care
assumes a new and more exalted meaning as "service to life" and
"healing ministry."[13] <Minister of life>,[14] the health care
worker is "the minister of that God, who in Scripture is presented as 'a
lover of life"' (Wis 11:26).[15] To serve life is to serve God in the
person: it is to become "a collaborator with God in restoring health to the
sick body"[16] and to give praise and glory to God in the loving welcome to
life, especially if it be weak and ill.[17]
5. The Church, which considers "service to the sick as an integral part
of its mission,"[18] assumes it as an expression of its ministry.[19]
"The Church...has always seen medicine as an important support for its own
redeeming mission to humanity." In fact, "service to man's spirit
cannot be fully effective except it be service to his psycho-physical unity. The
Church knows well that physical evil imprisons the spirit, just as spiritual
evil subjects the body."[20]
It follows that the <therapeutic ministry> of health care workers is a
sharing in the pastoral[21] and evangelizing[22] work of the Church. Service to
life becomes a ministry of salvation, that is, a message that activates the
redeeming love of Christ. "Doctors, nurses, other health care workers,
voluntary assistants, are called to be the living image of Christ and of his
Church in loving the sick and the suffering:"[23] witnesses of "the
gospel of life."[24]
6. Service to life is such only if it is <faithful to the moral law>,
which expresses exigently its value and its tasks. Besides technico-professional
competence, the health care worker has ethical responsibilities. "The
ethical law, founded on respect for the dignity of the person and on the rights
of the sick, should illuminate and govern both the research phase and the
application of the findings."[25] In fidelity to the moral law, the health
care worker actuates his fidelity to the human person whose worth is guaranteed
by the law, and to God, whose wisdom is expressed by the law.
He draws his behavioral directives from that field of normative ethics which
nowadays is called bioethics. Here, with vigilant and careful attention, the
magisterium of the Church has intervened, with reference to questions and
disputes arising from the biomedical advances and from the changing cultural
<ethos>. This bioethical magisterium is for the health care worker,
Catholic or otherwise, a source of principles and norms of conduct which
enlighten his conscience and direct himóespecially in the complexity of modern
bio-technical possibilitiesóin his choices, always respecting life and its
dignity.
7. The continuous progress of medicine demands of the health care worker a
thorough <preparation and ongoing formation> so as to ensure, also by
personal studies, the required competence and fitting professional expertise.
Side-by-side with this, they should be given a solid "ethico-religious
formation,"[26] which "promotes in them an appreciation of human and
Christian values and refines their moral conscience." There is need
"to develop in them an authentic faith and a true sense of morality, in a
sincere search for a religious relationship with God, in whom all ideals of
goodness and truth are based."[27]
"All health care workers should be taught morality and
bioethics."[28] To achieve this. those responsible for their formation
should endeavor to have chairs and courses in bioethics put in place.
8. Health care workers, especially doctors, cannot be left to their own
devices and burdened with unbearable responsibilities when faced with ever more
complex and problematic clinical cases arising from biotechnical possibilitiesómany
of which are at an experimental stageóopen to modern medicine, and from the
socio-medical import of certain questions.
To facilitate choices and to keep a check on them, the setting up of
<ethical committees> in the principal medical centers should be
encouraged. In these commissions, medical competence and evaluation is
confronted and integrated with that of other presences at the patient's side, so
as to safeguard the latter's dignity and medical responsibility itself.[29]
9. The sphere of action of health care workers consists, in general, of what
is contained in the terms and concepts of <health> and <medicine>
especially.
The term and concept of health embraces all that pertains to prevention,
diagnosis, treatment and rehabilitation for greater equilibrium and the
physical, psychic and spiritual well-being of the person. The term and concept
of medicine, on the other hand, refers to all that concerns health policy,
legislation, programming and structures.[30]
The full concept of health reflects directly on that of medicine. In fact,
"institutions are very important and indispensable; however, no institution
can of itself substitute for the human heart, human compassion, human love,
human initiative, when it is a question of helping another in his
suffering."[31]
The meeting and the practical synthesis of the demands and duties arising
from the concepts of health and medicine are the basis and way for
<humanizing> medicine. This must be present both at the
personal-professional levelóthe doctor-patient relationshipóand at the
socio-policy level so as to safeguard in institutional and technological
structures the human-Christian interests in society and the institutional and
technological infrastructures. The first but not without the second, since such
humanization as well as being a love-charity task is "an obligation of
justice."[32] "[This humanization strengthens] the bases of the
'civilization
of life and love,' without which the life of individuals and of society
itself loses its most genuinely human quality" (<Evangelium Vitae>
27).
10. The present <charter> wants to guarantee the <ethical
fidelity> of the health care worker: the choices and behavior enfleshing
service to life.
This fidelity is outlined through the stages of human existence: procreation,
living, dying, as reference points for ethical-pastoral reflections.
11. "In the biblical narrative, the difference between man and other
creatures is shown above all by the fact that only the creation of man is
presented as the result of a special decision on the part of God, a deliberation
to establish <a particular and specific bond with the Creator>: 'Let us
make man in our image, after our likeness' (Gen 1:26). The life which God offers
to man <is a gift by which God shares something of himself with his
creature.>"[33]
"'God himself who said, <it is not good for man to be alone> (Gen
2:18) and <who made man from the beginning male and female> (Mt 19:4),
wished to share with man a certain participation in his own creative work. Thus
he blessed male and female saying: <Increase and multiply>"'(Gen
1:28). The generation of a new human being is therefore
"an event which is deeply human and full of religious meaning, insofar
as it involves both the spouses, who form 'one flesh' (Gen 2:24), and God who
makes himself present."[34]
Health care workers lend their service when" ever they help the parents
to procreate responsibly, supporting the conditions, removing obstacles and
protecting them from invasive techniques unworthy of human procreation.
Genetic manipulation
12. The ever-widening knowledge of the human genetic patrimony (genome), the
individuation and mapping of the activity of the genes, with the possibility of
transferring them, modifying them or substituting them, opens up untold
prospects to medicine and at the same time creates new and delicate ethical
problems.
In moral evaluation a distinction must be made between strictly
<therapeutic> manipulation, which aims to cure illnesses caused by genetic
or chromosome anomalies (genetic therapy), from manipulation <altering>
the human genetic patrimony. A curative intervention, which is also called
"genetic surgery," "will be considered desirable in principle.
provided its purpose is the real promotion of the personal well-being of the
individual, without damaging his integrity or worsening his condition of
life."[35]
13. On the other hand, interventions which are not directly curative, the
purpose of which is "the production of human beings selected according to
sex or other predetermined qualities," which change the genotype of the
individual and of the human species, "are contrary to the personal dignity
of the human being, to his integrity and to his identity. Therefore they can be
in no way justified on the pretext that they will produce some beneficial
results for humanity in the future,"[36] "no social or scientific
usefulness and no ideological purpose could ever justify an intervention on the
human genome unless it be therapeutic, that is its finality must be the natural
development of the human being."[37]
14. In any case, this type of intervention "should not prejudice the
beginnings of human life, that is, procreation linked to not only the biological
but also the spiritual union of the parents, united in the bond of
matrimony."[38]
The negative ethical evaluations outlined here apply to all genetic
manipulatory interventions concerned with embryos. On the other hand there are
no moral objections to the manipulation of human body cells for curative
purposes and the manipulation of animal or vegetable cells for pharmaceutical
purposes.
Fertility control
15. "Without intending to underestimate the other ends of marriage, it
must be said that true married love and the whole structure of family life which
results from it is directed to disposing the spouses to cooperate valiantly with
the love of the Creator and Savior, who through them will increase and enrich
his family from day to day."[39] "When a new person is born of the
conjugal union of the two, he brings with him into the world a particular image
and likeness of God himself: <the genealogy of the person is inscribed in the
very biology of generation>. In affirming that the spouses, as parents,
cooperate with God the Creator in conceiving and giving birth to a new human
being, we are not speaking merely with reference to the laws of biology....
Begetting is the continuation of Creation."[40]
"Those are considered to exercise responsible parenthood who prudently
and generously decide to have a large family, or who, for serious reasons and
with due respect for the moral law, choose to have no more children for the time
being or even for an indeterminate period."[41] In the latter case there is
the problem of birth control.
16. In evaluating behavior with regard to this control, the moral judgment
"does not depend solely on good intentions and on the evaluation of
motives; it is determined by objective criteria, criteria drawn from the dignity
of the human person and human action."[42] It is a question of the dignity
of the man and the woman and of their most intimate relationship. Respect for
this dignity shows the truth of their married love.
With regard to the marriage act, this expresses "the indissoluble bond
between the two meanings of the act: the unitive meaning and the procreative
meaning."[43] In fact, the acts by which the partners fully express
themselves and which intensify their union are the same ones that generate life
and vice-versa.[44]
Love which uses "body language" to express itself is at once
unitive and procreative: "it clearly implies both spousal and parental
significance."[45]
This bond is intrinsic to the marriage act: "man may not break it on his
own initiative," without denying the dignity proper to the person and
"the inner truth of married love."[46]
17. Therefore, while it is lawful, for grave reasons, to take advantage of a
knowledge of the woman's fertility and forego the use of marriage in the fertile
periods, recourse to contraceptive practice is illicit.[47]
Natural methods imply a marriage act which, on the one hand does not result
in a new life and which, on the other hand, is still intrinsically
life-directed.[48] "It is precisely this respect which makes legitimate, at
the service of responsible procreation, the <use of natural methods of
regulating fertility>. From the scientific point of view, these methods are
becoming more and more accurate and make it possible in practice to make choices
in harmony with moral values."[49]
Artificial means contradict "the nature of the man and the woman and of
their most intimate relationship."[50] Here sexual union is separated from
procreation: the act is deprived of its natural openness to life. "Thus the
original import of human sexuality is distorted and falsified, and the two
meanings, unitive and procreative, inherent in the very nature of the conjugal
act, are artificially separated: in this way the marriage union is betrayed and
its fruitfulness is subjected to the caprice of the couple."[51]
This occurs in "every action which, either in anticipation of the
conjugal act, or in its accomplishment, or in the development of its natural
consequences, proposes, whether as an end or as a means, to render procreation
impossible."[52]
18. Here, then, is "the difference, both anthropological and moral,
between contraception and recourse to the rhythm of the cycle."[53]
"It is not a distinction simply of techniques or methods, where the
decisive element would be the artificial or natural character of the procedure.
"[54] It is a difference involving "two irreconcilable concepts of the
human person and of human sexuality."[55]
The "difference," then, must be recognized and illustrated:
"The ultimate reason for every natural method is not just its effectiveness
or biological reliability, but its consistency with the Christian vision of
sexuality as expressive of married love."[56] "It is frequently
asserted that <contraception>, if made safe and available to all, is the
most effective remedy against abortion.... When looked at carefully, this
objection is clearly unfounded.... Indeed, the pro-abortion culture is
especially strong precisely where the Church's teaching on contraception is
rejected."[57]
19. Rather than directions for use, natural methods are in keeping with the
meaning of conjugal love, which gives direction to the life of the couple:
"The choice of the natural rhythms involves accepting the cycle of the
person, that is the woman, and thereby accepting dialogue, reciprocal respect,
shared responsibility and self-control.... In this context...conjugal communion
is enriched with those values of tenderness and affection which constitute the
inner soul of human sexuality, in its physical dimension also."[58]
20. Health care workers can contribute, when opportunities occur in their
field, towards an acceptance of this human and Christian concept of sexuality by
making available to married people, and even before that to young people, the
required information for responsible behavior, respectful of the special dignity
of human sexuality.[59]
This is why the Church appeals to their "responsibility" in
"effectively helping couples to live their love with respect for the
structures and finalities of the conjugal act which expresses that
love."[60]
Artificial procreation
21. The application to humans of biotechnology learned from animal
fertilization has made possible various interventions in human procreation,
giving rise to serious questions of moral lawfulness. "The various
<techniques of artificial reproduction>, which would seem to be at the
service of life and which are frequently used with this intention, actually open
the door to new threats against life."[61]
The evaluative ethical criterion must take account of the originality of
human procreation, which "derives from the originality itself of the human
person."[62] "Nature itself dictates that the transmission of human
life be a personal and conscious act and, as such, subject to the most holy laws
of God: immutable and inviolable laws which must be acknowledged and
observed."[63] This personal act is <the intimate union of the love of
the spouses who, in giving themselves completely to each other, give life>.
It is a single, indivisible act, at once unitive and procreative, conjugal and
parental.[64]
This actó"an expression of the reciprocal gift which, in the words of
Scripture, brings about a union 'in one flesh"'[65]óis the source of
life.
22. Humans are not at liberty to be ignorant of and to ignore the meanings
and values intrinsic to human life from its very beginning. "And therefore
means cannot be used nor laws followed which may be licit in the transmission of
animal or vegetable life."[66] The dignity of the human person demands that
it come into being as a gift of God and as the fruit of the conjugal act, which
is proper and specific to the unitive and procreative love between the spouses,
an act which of its very nature is irreplaceable.
Every means and medical intervention, in the field of procreation, must
always be by way of assistance and never substitution of the marriage act. In
fact, "the doctor is at the service of people and human procreation: he has
no authority to do as he wills with them or to make decisions about them.
Medical intervention respects the dignity of the persons when it aims at helping
the marriage act.... On the contrary, sometimes medical intervention replaces
the conjugal act.... In this case, the medical action is not, as it should be,
at the service of the marriage union, but it appropriates the procreative
function and thus is contrary to the dignity and inalienable rights of the
spouses and of the expected child."[67]
23. "The use of such artificial means is not necessarily forbidden if
their function is merely to facilitate the natural act, or to ensure that a
normally performed act reaches its proper end."[68] This is <homologous
artificial insemination>, that is, within matrimony with the semen of the
partner, when this is obtained through a normal marriage act.
24. But homologous FIVET (<Fertilization in vitro with embryo
transfer>) is illicit because conception is not the result of a conjugal actó"the
fruit of the conjugal act specific to the love between the spouses"[69]óbut
outside it: in vitro through techniques which determine the conditions and
decide the effect.[70] This is not in accord with the logic of
"donation," proper to human procreation, but "production"
and "dominion," proper to things and effects. In this case the child
is not born as a "gift" of love, but as a laboratory
"product."[71]
Of itself, FIVET "separates the acts which are destined for human
procreation in the conjugal act," an act which is "indissolubly
corporeal and spiritual." Fertilization takes place outside the bodies of
the spouses. It is not "actually effected nor positively willed as an
expression of and fruit of the specific act of conjugal union," but as a
"result" of a technical intervention.[72] "[Man] no longer
considers life as a splendid gift of God, something 'sacred' entrusted to his
responsibility and thus also to his loving care and 'veneration.' Life itself
becomes a mere 'thing,' which man claims as his exclusive property, completely
subject to his control and manipulation."[73]
25. The desire for a child, sincere and intense though it be, by the spouses,
does not legitimize recourse to techniques which are contrary to the truth of
human procreation and to the dignity of the new human being.[74]
The desire for a child gives no right to have a child. The latter is a
person, with the dignity of a "subject." As such, it cannot be desired
as an "object." The fact is that the child is a subject of rights: the
child has the right to be conceived only with full respect for its
personhood.[75]
26. Besides these intrinsic reasons of the dignity of the person and its
conception, homologous FIVET is also morally inadmissible because of the
<circumstances and consequences> of its present-day practice.
In fact, it is effected at the cost of numerous embryonal losses, which are
procured abortions. It could also involve congealment, which means suspension of
life, of the so-called "spare" embryos, and often even their
destruction.[76]
Unacceptable is "post mortem" insemination, that is, with semen,
given during his lifetime, by the deceased spouse.
These are aggravating factors in a technical procedure already morally
illicit <in itself>, and which remains such even without these
factors.[77]
27. <Heterologous techniques> are "burdened" with the
"ethical negativity" of conception outside of marriage. Recourse to
gametes of people other than the spouses is contrary to the unity of marriage
and the fidelity of the spouses, and it harms the right of the child to be
conceived and born in and from a marriage. "<Procreation>
then...expresses a desire, or indeed the intention, to have a child 'at all
costs,' and not because it signifies the complete acceptance of the other and
therefore an openness to the richness of life which the child
represents."[78]
These techniques, in fact, ignore the common and unitary vocation of the
partners to paternity and maternityóto "become father and mother only
through one another"óand they cause "a rupture between genetic
parenthood, gestational parenthood and educational responsibility," which,
from the family, has repercussions in society.[79]
A further reason for unlawfulness is the commercialization and eugenic
selection of the gametes.
28. For the same reasons, aggravated by the absence of the marriage bond,
artificial insemination of the unmarried and cohabitants is morally
unacceptable.[80]
29. Equally contrary to the dignity of the woman, to the unity of marriage
and to the dignity of the procreation of a human person is "surrogate"
motherhood.
To implant in a woman's womb an embryo which is genetically foreign to her or
just to fertilize her with the condition that she hand over the newly born child
to a client means separating gestation from maternity, reducing it to an
incubation which does not respect the dignity and right of the child to be
"conceived, borne in the womb, brought to birth and educated by its own
parents."[81]
30. The verdict of moral unlawfulness obviously concerns the ways by which
human fertilization takes place, not the fruit of these techniques, which is
always a human being, to be welcomed as a gift of God's goodness and nurtured
with love.[82]
31. Artificial insemination techniques nowadays could open the way to
attempts or projects of fertilization between human and animal gametes, to
gestation of human embryos in animal or artificial wombs, of sexless
reproduction of human beings through twinning fission, cloning, parthenogenesis.
Such procedures are contrary to the human dignity of the embryo and of
procreation, and thus they are to be considered morally reprehensible.[83]
32. Medicine directed to the integral good of the person cannot prescind from
the ethical principles governing human procreation.
Hence the "urgent appeal" to doctors and researchers to give
"an exemplary witness of the respect due to the human embryo and to the
dignity of procreation."[84]
33. Medical service to life accompanies the life of the person throughout
their whole life-span. It is protection, promotion and care of health, that is,
of the integrity and psycho-physical well-being of the person, in whom life
"is enfleshed."[85]
It is a service based on the dignity of the human person and on the right to
life, and it is expressed not only in prevention, treatment and rehabilitation
but also in an holistic promotion of the person's health.
34. This responsibility commits the health care worker to a service to life
extending "from its very beginning to its natural end," that is,
"from the moment of conception to death."[86]
II. Life
Beginning of life and birth
35. "From the time that the ovum is fertilized, a life is begun which is
neither that of the father nor of the mother; it is rather the life of a new
human being with its own growth. It would never be made human if it were not
human already.... Right from the fertilization the adventure of a new life
begins, and each of its capacities requires timeóa rather lengthy timeóto
find its place and to be in a position to act."[87]
Recent advances in human biology have come to prove that "in the zygote
arising from fertilization, the biological identity of a new human individual is
already present."[88] It is the individuality proper to an autonomous
being, intrinsically determined, developing in gradual continuity.
Biological individuality, and therefore the personal nature of the zygote is
such from conception. "How can anyone think that even a single moment of
this marvelous process of the unfolding of life could be separated from the wise
and loving work of the Creator, and left prey to human caprice?"[89] As a
result, it is erroneous and mistaken to speak of a pre-embryo, if by this is
meant a stage or condition of pre-human life of the conceived human being.[90]
36. Prenatal life is fully human in every phase of its development. Hence
health care workers owe it the same respect, the same protection and the same
care as that given to a human person.
Gynecologists and obstetricians especially "must keep a careful watch
over the wonderful and mysterious process of generation taking place in the
maternal womb, to ensure its normal development and successful outcome with the
birth of the new child."[91]
37. The <birth> of a child is an important and significant stage in the
development begun at conception. It is not a "leap" in quality or a
new beginning, but a stage, with no break in continuity, of the same process.
Childbirth is the passage from maternal gestation to physiological autonomy of
life.
Once born, the child can live in physiological independence of the mother and
can enter a new relationship with the external world.
It may happen, in the case of premature birth, that this independence is not
fully reached. In this case health care workers are obliged to assist the
newborn child, making available to it all the conditions necessary for attaining
this independence.
If, despite every effort, the life of the child is at serious risk, health
care workers should see to the child's baptism according to the conditions
provided by the Church. If an ordinary minister of the sacrament is unavailableóa
priest or a deaconóthe health care worker has the faculty to confer it.[92]
The value of life: unity of body and soul
38. The respect, protection and care <proper> to human life derives
from its singular dignity. "In the whole of visible creation it (human
life) has a unique value." "The human being, in fact, is the 'only
creature that God has wanted for its own sake. Everything is created for humans.
The human being'[93] alone, created in the image and likeness of God (cf. Gen
1:26-27) is not and cannot be for any other or others but for God alone, and
this is why he exists. The human being alone is a <person>: he has <the
dignity of a subject and is of value in himself.>"[94]
39. Human life is irreducibly both corporeal and spiritual. "By virtue
of its substantial union with a spiritual soul, the human body cannot be
considered merely an amalgam of tissues, organs and functions, nor can it be
measured by the same standards as the body of animals, but it is a constitutive
part of the person who by means of it manifests himself and acts."[95]
"Every human person, in his unrepeatable uniqueness, is made up not only of
spirit but also of a body, so that in the body and through it the person is
reached in his concrete reality."[96]
40. Every intervention on the human body "touches not only the tissues,
the organs and their functions, but involves also at various levels the person
himself."[97]
Health-care must never lose sight of "the profound unity of the human
being, in the obvious interaction of all his corporal functions, but also in the
unity of his corporal, affective, intellectual and spiritual dimensions."
One cannot isolate "the technical problem posed by the treatment of a
particular illness from the care that should be given to the person of the
patient in all his dimensions. It is well to bear this in mind, particularly at
a time when medical science is tending towards specialization in every
discipline."[98]
41. Revealing the person,[99] the body, in its biological make-up and
dynamic, is the <foundation and source of moral accountability>. What is
and what happens biologically is not neutral. On the contrary it has ethical
relevance: it is the indicative-imperative for action.[100] The body is a
properly personal reality, the sign and place of relations with others, with God
and with the world.[101]
One cannot prescind from the body and make the psyche the criterion and
source of morality: subjective feelings and desires cannot replace or ignore
objective corporal conditions. The tendency to give the former pride of place
over the latter is the basis for contemporary psychologization of ethics and
law, which makes individual wishes (and technical possibilities) the arbiter of
the lawfulness of behavior and of interventions on life.
The health care worker cannot neglect the corporeal truth of the person and
be willing to satisfy desires, whether subjectively expressed or legally
codified, at variance with the objective truth of life.
Indisposability and inviolability of life
42. "The inviolability of the person, a reflection of the absolute
inviolability of God himself, has its first and fundamental expression in the
inviolability of human life."[102] "The question: 'What have you
done?' (Gen 4:10), which God addresses to Cain after he has killed his brother
Abel, interprets the experience of every person: in the depths of his
conscience, man is always reminded of the inviolability of lifeóhis own life
and that of othersóas something which does not belong to him, because it is
the property and gift of God the Creator and Father."[103]
The body, indivisibly with the spirit, shares in the dignity and human worth
of the person: <body-subject> not body-object, and as such is indisposable
and inviolable.[104] The body cannot be treated as a belonging. It cannot be
dealt with as a thing or an object of which one is the owner and arbiter.
Every abusive intervention on the body is an insult to the dignity of the
person and thus to God who is its only and absolute Lord: "The human being
is not master of his own life: he receives it in order to use it, he is not the
proprietor but the administrator, because God alone is Lord of life."[105]
43. The fact that life belongs to God and not to the human being[106] gives
it that sacred character[107] which produces an attitude of profound respect:
"a direct consequence of the divine origin of life is its indisposability,
its untouchability, that is, its sacredness."[108] Indisposable and
untouchable because sacred: it is "a natural sacredness, which every right
reason can recognize, even apart from religious faith."[109]
Medical health activity is above all a vigilant and protective service to
this sacredness: a profession which defends the non-instrumental value of this
good "in itself"óthat is, not relative to another or others but to
God aloneówhich human life is.[110] "Man's life comes from God; it is his
gift, his image and imprint, a sharing in his breath of life. God therefore
<is the sole Lord of this life>: man cannot do with it as he
wills."[111]
44. This must be affirmed with particular rigor and received with vigilant
awareness at a time of invasive development in biomedical technology, where the
risk of abusive manipulation of human life is increasing. The techniques in
themselves are not the problem, but rather their presumed ethical neutrality.
Not everything which is technically possible can be considered morally
admissible.
Technical possibilities must be measured against ethical lawfulness, which
establishes their human compatibility, that is, their effective employment in
the protection of and respect for the dignity of the human person.[112]
45. Science and technology "cannot by themselves give the meaning of
human existence and progress. Since they are ordained for the human being from
whom they receive their origin and increase, it is from the person and his moral
values that they draw direction for their finality and awareness of their
limits."[113]
This is why science and wisdom should go hand in hand. Science and technology
are extremist, that is, they are constantly expanding their frontiers. Wisdom
and conscience trace out for them the impassable limits of the human.[114]
Right to life
46. The divine lordship of life is the foundation and guarantee of the right
to life, which is not, however, a power over life.[115] Rather, <it is the
right to live with human dignity,>[116] as well as being guaranteed and
protected in this fundamental, primal and unsuppressible good which is the root
and condition of every other good-right of the person.[117]
"The subject of this right is the human being in every phase of his
development, from conception to natural death; and in every condition, either
health or sickness, perfection or handicap, wealth or paupery "[118]
47. The right to life poses a two-fold question for the health care worker.
First of all, he must not think that he has a rightópower over the life he is
caring for, something which neither he nor the patient himself has. and
therefore cannot be given by the latter.[119]
The right of the patient is not one of ownership nor absolute, but it is
bound up with and limited by the finality established by nature.[120] "No
one...can arbitrarily choose whether to live or die; the absolute master of such
a decision is the Creator alone, in whom 'we live and move and have our
being"' (Acts 17:28).[121]
Hereóon the limits themselves of the right of the subject to dispose of his
own lifeó"arises the moral limit of the action of the doctor who acts
with the consent of the patient."[122]
48. Secondly, the health care worker effectively guarantees this right:
"the intrinsic finality" of his profession "is the affirmation of
the right of the human being to his life and his dignity."[123] He fulfills
it by assuming the corresponding duty of preventive and therapeutic care of the
health,[124] and of the improvement, within the ambit and with the means at his
disposal, of the quality of life of the persons and their life environment.[125]
"On our journey we are guided and sustained by the law of love: a love
which has as its source and model the Son of God made man, who 'by dying gave
life to the world."[126]
49. The fundamental and primary right of every human being to life, which is
particularized as the right to protection of health, subordinates the trade
union rights of health care workers.
This means that any just claims of health workers must be processed while
safeguarding the right of the patient to due care, because of its
indispensability. Hence, if there is a strike, essential and urgent
medical-hospital services for the safeguarding of health should be provided foróeven
by means of appropriate legal measures.
Prevention
50. Safeguarding health commits the health care worker particularly in the
area of prevention.
Prevention is better than cure, both because it spares the person the
discomfort and suffering from the illness, and because it spares society the
costs, and not only economic costs, of treatment.
51. <Medical prevention>, properly so called, which consists in
administering particular medicines, vaccination, <screening> tests to
ascertain predispositions, in prescribing behavior and habits to prevent the
occurrence, the spread and the worsening of the illness, essentially belongs to
health care workers. This might be for all the members of a society, for groups
of people or for individuals.
52. There is also <medical prevention in the wider sense of the term>,
in which the work of the health care worker is but a part of the preventive
commitment set in motion by society. This is the type of prevention used in
cases of so-called social illnesses, such as drug-dependency, alcoholism,
tobacco addiction, AIDS; of the problems of social sectors of individuals such
as adolescents, the handicapped, the aged; of risks to health tied up with the
conditions and ways of living nowadays, such as in food, the environment, the
work-place, sports, urban traffic, the use of transportation means, of machines
and domestic electrical appliances.
In these cases preventive intervention is the primary and most effective
remedy, if not, indeed, the only possible one. But it needs a concerted effort
from all sectors of a society. Prevention in this case is more than a
medical-health action. It involves a sensitizing of the culture, through a
recovery of forgotten values and education in them, to a more sober and integral
concept of life, information about risky habits, the formation of a political
consensus for supporting laws.
The effective and efficacious possibility of prevention is linked not only,
nor primarily, to the techniques adopted, but to the reasons behind it and to
their being made concrete and made known in that culture.
Sickness
53. Although it shares in the transcendent value of the person, corporeal
life, of its nature, reflects the precariousness of the human condition. This is
shown especially in sickness and suffering, which affect the whole person
adversely. "Sickness and suffering are not experiences which affect only
the physical substance of the human being, but they affect him in his entirety
and in his somatic-spiritual unity."[127]
Sickness is more than a clinical fact, medically controlled. It is always the
condition of a human being, the sick person. It is with this <holistic human
view> of sickness that health care workers should relate to the patient. It
means that they have, together with the requisite technical-professional
competence, an awareness of values and meanings that make sense of sickness and
of their own work, and makes every individual clinical case a human encounter.
54. The Christian knows by faith that sickness and suffering share in the
salvific efficacy of the Redeemer's cross. "Christ's redemption and its
salvific grace touches the whole person in his human condition and hence also in
sickness, suffering and death."[128] "On the Cross, the miracle of the
serpent lifted up by Moses in the desert (Jn 3:14-15; cf. Num. 21:8-9) is
renewed and brought to full and definitive perfection. Today, too, by looking
upon the one who was pierced, every person whose life is threatened encounters
the sure hope of finding freedom and redemption."[129]
Borne "in close union with the sufferings of Jesus," sickness and
suffering assume "an extraordinary spiritual fruitfulness." So that
the sick person can say with the Apostle: "I fill up in my body what is
wanting to the sufferings of Christ, for the sake of his body which is the
Church" (Col 1:24).[130]
From this new Christian meaning, the sick person can be helped to develop a
triple salutary attitude to the illness: an "<awareness>" of its
reality "without minimizing it or exaggerating it";
"<acceptance>," "not with a more or less blind
resignation" but in the serene knowledge that "the Lord can and wishes
to draw good from evil"; "<the oblation>," "made out
of love for the Lord and one's brothers and sisters."[131]
55. In the person of the patient, in any case, the <family> is always
affected. Helping the relatives, and their cooperation with health care workers
are a valuable component of health care.
The health care worker is called to give the family of the patientóeither
individually or through membership in appropriate organizationsótogether with
the treatment also enlightenment, counsel, direction and support.[132]
Diagnosis
56. Guided by this integrally human and properly Christian view of sickness,
the health care worker should seek, first and foremost, to find the illness and
analyze it in the patient: this is the <diagnosis> and related
<prognosis>.
A condition for any treatment is the previous and exact individuation of the
symptoms and causes of the illness.
57. In this, the health care worker will make his own the questions and
anxieties of the patient and he must guard himself from the twofold, opposing
pitfalls of "hopeless" and "tenacious" diagnosis.
In the first case the patient is forced to go from one specialist or health
care service to another, without finding the doctor or diagnostic center capable
and willing to treat his illness. Over-specialization and fragmentation of
clinical competencies and divisions, while ensuring professional expertise, is
damaging to the patient when health services in the place prevent a caring and
global approach to his illness.
In the second case, instead, one persists until some illness is found at any
cost. It may be through ignorance, laziness, for gain, or for rivalry that an
illness is diagnosed or problems are treated as medical when, in fact, they are
not medical-health in nature. In this case the person is not helped to perceive
the exact nature of their problem, thus misleading them about themselves and
their responsibilities.
58. The diagnosis does not pose, in general, problems of an ethical order
when these excesses are excluded and it is conducted in full respect for the
dignity and integrity of the person, particularly with regard to the use of
instrumentally invasive techniques. Of itself, its purpose is therapeutic: it is
an action to promote health.
However, particular problems are posed by predictive diagnosis, because of
the possible repercussions at a psychological level and the discriminations it
could lead to and to prenatal diagnosis. In the latter case we are dealing with
a substantially new possibility which is rapidly developing, and as such merits
separate treatment.
Prenatal diagnosis
59. The ever-expanding knowledge of intrauterine life and the development of
instruments giving access to it make it possible nowadays to diagnose prenatal
life, thus opening the way for ever more timely and effective therapeutic
interventions.
Prenatal diagnosis reflects the moral goodness of every diagnostic
intervention. At the same time, however, it presents its own ethical problems,
connected with the diagnostic risk and the purpose for its request and practice.
60. The <risk> factor concerns the life and physical integrity of the
embryo, and only in part that of the mother, relative to the various diagnostic
techniques and the perceptual risk which each presents.
Hence, there is need "to evaluate carefully the possible negative
consequences which the necessary use of a particular investigative technique can
have" and "avoid recourse to diagnostic procedures about which the
honest purpose and substantial harmlessness cannot be sufficiently
guaranteed." And if a certain amount of risk must be taken, recourse to
diagnosis should have reasonable indications, to be ascertained in a diagnostic
center.[133]
Consequently, "such diagnosis is licit if the methods used, with the
consent of the parents who have been adequately instructed, safeguard the life
and integrity of the embryo and its mother and does not subject them to
disproportionate risks."[134]
61. The <objectives> of prenatal diagnoses warranting their request and
practice should always be of benefit to the child and the mother; their purpose
is to make possible therapeutic interventions, to bring assurance and peace to
pregnant women who are anxious lest the fetus be deformed and are tempted to
have an abortion, to prepare, if the prognosis is an unhappy one, for the
welcome of a handicapped child.
Prenatal diagnosis "is gravely contrary to the moral law when it
contemplates the possibility, depending on the result, of provoking an abortion.
A diagnosis revealing the existence of a deformity or an hereditary disease
should not be equivalent to a death sentence."[135]
Equally unlawful is any directive or program of civil and health authorities
or of scientific organizations which support a direct connection between
prenatal diagnosis and abortion. The specialist who, in carrying out the
diagnosis and communicating the result, would voluntarily contribute to the
establishing and support of a connection between prenatal diagnosis and abortion
would be guilty of illicit collaboration.[136]
Therapy and rehabilitation
62. After diagnosis comes therapy and rehabilitation: the putting into effect
of those curative and medical interventions which lead to the cure and personal
and social reintegration of the patient.
Therapy is a medical action properly so-called, aimed at combating the
causes, manifestations and complications of the illness. Rehabilitation, on the
other hand, is an amalgam of medical, physiotherapeutic, psychological measures
and functional exercises, aimed at reviving or improving the psychophysical
efficiency of people in some way handicapped in their ability to integrate, to
relate and to work productively.
Therapy and rehabilitation "are aimed not only at the well-being and
health of the body, but of the person as such who is stricken by bodily
illness."[137] All therapy aimed at the integral well-being of the person
is not content with clinical success, but views the rehabilitative action as a
restoring of the individual to his full self, through the reactivation or
re-appropriation of physical functions weakened by the illness.
63. The patient has a right to any treatment from which he can draw salutary
benefit.[138]
Responsibility for health care imposes on everyone "the duty of caring
for himself and of seeking treatment." Consequently, "those who care
for the sick should be very diligent in their work and administer the remedies
which they think are necessary or useful."[139] Not only those aimed at a
possible cure, but also those which alleviate pain and bring relief in incurable
cases.
64. The health care worker who cannot effect a cure must never cease to
treat.[140] He is bound to apply all "proportionate" remedies. But
there is no obligation to apply "disproportionate" ones.
In relation to the conditions of a patient, those remedies must be considered
ordinary where there is <due proportion> between the means used and the
end intended. Where this proportion does not exist, the remedies are to be
considered extraordinary.
To verify and establish whether there is due proportion in a particular case,
"the means should be well evaluated by comparing the type of therapy, the
degree of difficulty and risk involved, the necessary expenses and the
possibility of application, with the result that can be expected, taking into
account the conditions of the patient and his physical and moral
powers."[141]
65. The principle here proposed of <appropriate medical treatment in the
remedies> can be thus specified and applied:
ó"In the absence of other remedies, it is lawful to have recourse,
with the consent of the patient, to the means made available by the most
advanced medicine, even if they are still at an experimental stage and not
without some element of risk."
ó"It is lawful to interrupt the application of such means when the
results disappoint the hopes placed in them," because there is no longer
due proportion between "the investment of instruments and personnel"
and "the foreseeable results" or because "the techniques used
subject the patient to suffering and discomfort greater than the benefits to be
had."
ó"It is always lawful to be satisfied with the normal means offered by
medicine. No one can be obliged, therefore, to have recourse to a type of remedy
which, although already in use, is still not without dangers or is too
onerous." This refusal "is not the equivalent of suicide." Rather
it might signify "either simple acceptance of the human condition, or the
wish to avoid the putting into effect of a remedy disproportionate to the
results that can be hoped for, or the desire not to place too great a burden on
the family or on society."[142]
66. For the restoration of the person to health, interventions may be
required, in the absence of other remedies, which involve the modification,
mutilation or removal of organs.
Therapeutic manipulation of the organism is legitimized here by the
<principle of totality>,[143] and for this very reason also called the
principle of therapeuticity, by virtue of which "each particular organ is
subordinated to the whole of the body and should be subjected to it in case of
conflict. Consequently, the one who has received the use of the whole organism
has the right to sacrifice a particular organ if by keeping it, it or its
activity might cause appreciable harm to the whole organism, which cannot be
avoided otherwise."[144]
67. Physical life, although on the one hand manifesting the person and
sharing his worth, so that it cannot be disposed of as an object, on the other
hand it does not exhaust the value of the person nor does it represent the
greatest good.[145]
This is why part of it can be disposed of legitimately for the well-being of
the person. Just as it can be sacrificed or put at risk for a higher good
"such as the glory of God, the salvation of souls and service to one's
neighbor."[146] "Corporeal life is a fundamental good, a condition
here below of all the others; but there are higher values for which it could be
legitimate or even necessary to expose oneself to the danger of losing
it."[147]
Analgesia and anesthesia
68. Pain, on the one hand, has of itself a therapeutic function, because
"it eases the confluence of the physical and psychic reaction of the person
to a bout of illness,"[148] and on the other hand it appeals to medicine
for an alleviating and healing therapy.
69. For the Christian, pain has a lofty penitential and salvific meaning.
"It is, in fact, a sharing in Christ's Passion and a union with the
redeeming sacrifice which he offered in obedience to the Father's will.
Therefore, one must not be surprised if some Christians prefer to moderate their
use of painkillers, in order to accept voluntarily at least part of their
sufferings and thus associate themselves in a conscious way with the sufferings
of Christ."[149]
Acceptance of pain, motivated and supported by Christian ideals, must not
lead to the conclusion that all suffering and all pain must be accepted, and
that there should be no effort to alleviate them.[150] On the contrary this is a
way of humanizing pain. Christian charity itself requires of health care workers
the alleviation of physical suffering.
70. "In the long run pain is an obstacle to the attainment of higher
goods and interests."[151] It can produce harmful effects for the
psycho-physical integrity of the person. When suffering is too intense, it can
diminish or impede the control of the spirit. Therefore it is legitimate, and
beyond certain limits of endurance it is also a duty for the health care worker
to prevent, alleviate and eliminate pain. It is morally correct and right that
the researcher should try "to bring pain under human control."[152]
Anesthetics like painkillers, "by directly acting on the more aggressive
and disturbing effects of pain, gives the person more control, so that suffering
becomes a more human experience."[153]
71. Sometimes the use of analgesic and anaesthesic techniques and medicines
involves the suppression or diminution of consciousness and the use of the
higher faculties. In so far as the procedures do not aim directly at the loss of
consciousness and freedom but at dulling sensitivity to pain, and are limited to
the clinical need alone, they are to be considered ethically legitimate.[154]
The informed consent of the patient
72. To intervene medically, the health care worker should have the express or
tacit consent of the patient.
In fact, he "does not have a separate and independent right in relation
to the patient. In general, he can act only if the patient explicitly or
implicitly (directly or indirectly) authorizes him."[155] Without such
authorization he gives himself an arbitrary power.[156]
Besides the medical relationship there is a human one: dialogic,
non-objective. The patient "is not an anonymous individual" on whom
medical expertise is practiced, but "a responsible person, who should be
called upon to share in the improvement of his health and in becoming cured. He
should be given the opportunity of personally choosing, and not be made to
submit to the decisions and choices of others."[157]
So that the choice may be made with full awareness and freedom, the patient
should be given a precise idea of his illness and the therapeutic possibilities,
with the risks, the problems and the consequences that they entail.[158] This
means that the patient should be asked for an <informed consent>.
73. With regard to <presumed consent>, a distinction must be made
between the patient who is in a condition to know and will and one who is not.
In the former, consent cannot be presumed: it must be clear and explicit.
In the latter case, however, the health care worker can, and in extreme
situations must, presume the consent to therapeutic interventions, which from
his knowledge and in conscience he thinks should be made. If there is a
temporary loss of knowing and willing, the health care worker can act in virtue
of <the principle of therapeutic trust>, that is the original confidence
with which the patient entrusted himself to the health care worker. Should there
be a permanent loss of knowing and willing, the health care worker can act in
virtue of <the principle of responsibility for health care>, which obliges
the health care worker to assume responsibility for the patient's health.
74. With regard to the relatives, they should be informed about ordinary
interventions, and involved in the decision making when there is question of
extraordinary and optional interventions.
Research and experimentation
75. A therapeutic action which is apt to be increasingly beneficial to health
is for that very reason open to new investigative possibilities. These are the
result of a progressive and ongoing activity of research and experimentation,
which thus succeeds in arriving at new medical advances.
To proceed by way of research and experimentation is a law of every applied
science: scientific progress is structurally connected with it. Biomedical
sciences and their development are subject to this law also. But they operate in
a particular field of application and observation which is the life of the human
person.
The latter, because of his unique dignity, can be the subject of research and
clinical experimentation with the safeguards due to a being with the value of a
subject and not an object. For this reason, biomedical sciences do not have the
same freedom of investigation as those sciences which deal with things.
"The ethical norm, founded on respect for the dignity of the person, should
illuminate and discipline both the research stage and the application of the
results obtained from it."[159]
76. In the <research> stage, the ethical norm requires that its aim be
to "promote human well-being."[160] Any research contrary to the true
good of the person is immoral. To invest energies and resources in it
contradicts the human finality of science and its progress.[161]
In the <experimental> stage, that is, testing the findings of research
on a person, the good of the person, protected by the ethical norm, demands
respect for previous conditions which are essentially linked with consent and
risk.
77. First of all, <the consent of the patient>. He "should be
informed about the experimentation, its purpose and possible risks, so that he
can give or refuse his consent with full knowledge and freedom. In fact, the
doctor has only that power and those rights which the patient himself gives
him."[162]
This consent can be presumed when it is of benefit to the patient himself,
that is, when there is a question of therapeutic experimentation.
78. Secondly, there is <the risk factor>. Of its nature, every
experimentation has risks. Hence, "it cannot be demanded that all danger
and all risk be excluded. This is beyond human possibility; it would paralyze
all serious scientific research and would quite often be detrimental to the
patient.... But there is a level of danger that the moral law cannot
allow."[163]
A human subject cannot be exposed to the same risk as beings which are not
human. There is a threshold beyond which the risk becomes humanly unacceptable.
This threshold is indicated by the inviolable good of the person, which forbids
him "to endanger his life, his equilibrium. his health, or to aggravate his
illness."[164]
79. Experimentation cannot be begun and generalized until every safeguard has
been put in place to guarantee the harmlessness of the intervention and to
lessen the risk. "The pre-clinical basic phase, carried out carefully,
should give the widest documentation and the most secure
pharmacological-toxicological guarantees and ensure operational
safety."[165]
To acquire these assurances, if it be useful and necessary, the
<testing> of new pharmaceutical products or of new techniques should first
be done <on animals> before they are tried on humans. "It is certain
that the animal is for the service of man and can therefore be the object of
experimentation. However, it should be treated as one of God's creatures, meant
to cooperate in man's good but not to be abused."[166] It follows that all
experimentation "should be carried out with consideration for the animal,
without causing it useless suffering."[167]
When these guarantees are in place, in the clinical phase experimentation on
the human person must be in accord with the principle of <proportionate
risk>, that is, of due proportion between the advantages and foreseeable
risks. Here a distinction must be made between experimentation on a sick person,
for therapeutic reasons, and on a healthy person, for scientific and
humanitarian reasons.
80. In <experimentation on a sick person>, due proportion is attained
from a comparison of the condition of the sick person and the foreseeable
effects of the drugs or the experimental methods. Hence the risk rate which
might be proportionate and legitimate for one patient may not be so for another.
It is a valid principleóas already saidóthat "in the absence of
other remedies, it is licit to have recourse, with the consent of the patient,
to means made available by the most advanced medicine, even if they are still at
an experimental stage and are not without some risk. By accepting them the
patient might also give an example of generosity for the benefit of
humanity."[168] But there must always be "great respect for the
patient in the application of new therapy still at the experimental stage...when
these are still high-risk procedures."[169]
"In desperate cases, when the patient will die if there is no
intervention, if there is a medication available, or a method or an operation
which, though not excluding all danger, still has some possibility of success,
any right-thinking person would concede that the doctor could certainly, with
the explicit or tacit consent of the patient, proceed with the application of
the treatment."[170]
81. Clinical <experimentation> can also be practiced <on a healthy
person>, who voluntarily offers himself "to contribute by his initiative
to the progress of medicine and, in that way, to the good of the
community." In this case, "once his own substantial integrity is
safeguarded, the patient can legitimately accept a certain degree of
risk."[171]
This is legitimized by the human and Christian solidarity which motivates the
gesture: "To give of oneself, within the limits marked out by the moral
law, can be a witness of highly meritorious charity and a means of such
significant spiritual growth that it can compensate for the risk of any
insubstantial physical impairment."[172]
In any case, it is a duty to always interrupt the experimentation when the
results disappoint the expectations.
82. Since the human individual, in the prenatal stage, must be given the
dignity of a human person, <research and experimentation on human embryos and
fetuses> is subject to the ethical norms valid for the child already born and
for every human subject.
<Research> in particular, that is the observation of a given phenomenon
during pregnancy, can be allowed only when "there is moral certainty that
there will be no harm either to the life or the integrity of the expected child
and the mother, and on condition that the parents have given their
consent."[173]
<Experimentation>, on the other hand, is possible only for clearly
therapeutic purposes, when no other possible remedy is available. "No
finality, even if in itself noble, such as the foreseeing of a usefulness for
science, for other human beings or for society, can in any way justify
experimentation on live human embryos and fetuses, whether viable or not, in the
maternal womb or outside of it. The informed consent, normally required for
clinical experimentation on an adult, cannot be given by the parents, who may
not dispose either of the physical integrity or the life of the expected child.
On the other hand, experimentation on embryos or fetuses has the risk, indeed in
most cases the certain foreknowledge, of damaging their physical integrity or
even causing their death. To use a human embryo or the fetus as an object or
instrument of experimentation is a crime against their dignity as human
beings." "The practice of keeping human embryos alive, actually or in
vitro, for experimental or commercial reasons," is especially and
"altogether contrary to human dignity."[174]
Donation and transplanting of organs
83. The progress and spread of transplant medicine and surgery nowadays makes
possible treatment and cure for many illnesses which, up to a short time ago,
could only lead to death or, at best, a painful and limited existence.[175] This
"service to life,"[176] which the donation and transplant of organs
represents, shows its moral value and legitimizes medical practice. There are,
however, some conditions which must be observed, particularly those regarding
donors and the organs donated and implanted. Every organ or human tissue
transplant requires an explant which in some way impairs the corporeal integrity
of the donor.
84. <Autoplastic transplants>, in which there is the explant and
implant on the same person, are legitimate in virtue of the principle of
totality by which it is possible to dispose of a part for the integral good of
the organism.
85. <Homoplastic transplants>, in which the transplant is taken from a
person of the same species as the recipient, are legitimized by the principle of
solidarity which joins human beings, and by charity which prompts one to give to
suffering brothers and sisters.[177] "With the advent of organ transplants,
begun with blood transfusions, human persons have found a way to give part of
themselves, of their blood and of their bodies, so that others may continue to
live. Thanks to science and to professional training and the dedication of
doctors and health care workers...new and wonderful challenges are emerging. We
are challenged to love our neighbor in new ways; in evangelical termsóto love
'even unto the end' (Jn 13:1), even if within certain limits which cannot be
transgressed, limits placed by human nature itself."[178]
In homoplastic transplants, organs may be taken either from a living donor or
from a corpse.
86. In the first case the removal is legitimate provided it is a question of
organs of which the explant would not constitute a serious and irreparable
impairment for the donor. "One can donate only what he can deprive himself
of without serious danger to his life or personal identity, and for a just and
proportionate reason."[179]
87. In the second case we are no longer concerned with a living person but a
corpse. This must always be respected as a human corpse, but it no longer has
the dignity of a subject and the end value of a living person. "A corpse is
no longer, in the proper sense of the term, a subject of rights, because it is
deprived of personality, which alone can be the subject of rights." Hence,
"to put it to useful purposes, morally blameless and even noble" is a
decision "not be condemned but to be positively justified."[180]
There must be certainty, however, that it is a corpse, to ensure that the
removal of organs does not cause or even hasten death. The removal of organs
from a corpse is legitimate when the certain death of the donor has been
ascertained. Hence the duty of "taking steps to ensure that a corpse is not
considered and treated as such before death has been duly verified."[181]
In order that a person be considered a corpse, it is enough that cerebral
death of the donor be ascertained, which consists in the "irreversible
cessation of all cerebral activity." When total cerebral death is verified
with certainty, that is, after the required tests, it is licit to remove organs
and also to surrogate organic functions artificially in order to keep the organs
alive with a view to a transplant.[182]
88. Ethically, not all organs can be donated. The brain and the gonads may
not be transplanted because they ensure the personal and procreative identity
respectively. These are organs which embody the characteristic uniqueness of the
person, which medicine is bound to protect.
89. There are also heterogeneous transplants, that is, with organs of a
different species than that of the recipient. "It cannot be said that every
transplant of tissues (biologically possible) between two individuals of
different species is morally reprehensible, but it is even less true that every
heterogeneous transplant biologically possible is not forbidden and cannot raise
objections. A distinction must be made between cases, depending on which tissue
or organ is intended for transplant. The transplant of animal sexual glands to
humans must be rejected as immoral; but the transplant of the cornea of a
non-human organism to a human organism would not create any problem if it were
biologically possible and advisable."[183]
Among heterogeneous transplants are also included the implanting of
artificial organs, the lawfulness of which is conditioned by the beneficial
effect for the person and respect for his dignity.
90. The medical intervention in transplants "is inseparable from a human
act of donation."[184] In life or in death the person from whom the removal
is made should be aware that he is a <donor>, that is, one who <freely
consents> to the removal.
Transplants presuppose a free and conscious previous decision on the part of
the donor or of someone who legitimately represents him, normally the closest
relatives. "It is a decision to offer, without recompense, part of
someone's body for the health and well-being of another person. In this sense,
the medical act of transplanting makes possible the act of donation of the
donor, that sincere gift of himself which expresses our essential call to love
and communion."[185]
The possibility, thanks to biomedical progress, of "projecting beyond
death their vocation to love" should persuade persons "to offer during
life a part of their body, an offer which will become effective only after
death." This is "a great act of love, that love which gives life to
others."[186]
91. As part of this oblative "economy" of love, the medical act
itself of transplanting, of even just blood transfusion, "is not just
another intervention." It "cannot be separated from the donor's act of
giving, from life-giving love."[187]
Here the health care worker "becomes a mediator of something which is
particularly meaningful, the gift of self by a personóeven after deathóso
that another might live."[188]
Dependency
92. Dependency, in medical-health terms, is an addiction to a substance or
productósuch as drugs, alcohol, narcotics, tobaccoófor which the individual
feels an uncontrollable need, and the privation of which can cause him
psycho-physical disorders.
The phenomenon of dependency is <escalating> in our societies, which is
disturbing and, under certain aspects, dramatic. This is related, on the one
hand, to the crisis of values and meaning which contemporary society and
culture[189] is experiencing and, on the other hand, to the stress and
frustrations brought about by the quest for efficiency, by activism and by the
high competitiveness and anonymity of social interaction.
Doubtless, the evils caused by dependency and their cure are not a matter for
medicine alone. But it does have a preventive and therapeutic role.
Drugs
93. <Drugs> and <drug-dependency> are almost always the result of
an avoidable evasion of responsibility, an aprioristic contestation of the
social structure which is rejected without positive proposals for its reasonable
reform, an expression of masochism motivated by the absence of values.
One who takes drugs does not understand or has lost the meaning and the value
of life, thus putting it at risk until it is lost: many deaths from
<overdose> are voluntary suicides. The drug-user acquires a nihilistic
mental state, superficially preferring the <void> of death to the
<all> of life.
94. From the moral viewpoint "using drugs is always illicit, because it
implies an unjustified and irrational refusal to think, will and act as free
persons."[190]
To say that drugs are illicit is not to condemn the drug-user. That person
experiences his condition as "a heavy slavery" from which he needs to
be freed.[191] The way to recovery cannot be that of ethical culpability or
repressive law, but it must be by way of rehabilitation which, without condoning
the possible fault of the person on drugs, promotes liberation from his
condition and reintegration.
95. The detoxification of the person addicted to drugs is more than medical
treatment. Moreover, medicines are of little or no use. Detoxification is an
integrally human process meant to "give a complete and definitive meaning
to life,"[192] and thus to restore to the one addicted that "self
confidence and salutary self-esteem" which help him to recover the joy of
living.[193]
In the rehabilitation of a person addicted to drugs it is important
"that there be an attempt to get to know the individual and to understand
his inner world; to bring him to the discovery or rediscovery of his dignity as
a person, to help him to reawaken and develop, as an active subject, those
personal resources, which the use of drugs has suppressed, through a confident
reactivation of the mechanisms of the will, directed to secure and noble
ideals."[194]
96. Using drugs is anti-life. "One cannot speak of 'the freedom to take
drugs' nor of 'the right to drugs,' because a human being does not have the
right to harm himself and he cannot and must not ever abdicate his personal
dignity which is given to him by God,"[195] and even less does he have the
right to make others pay for his choice.
Alcoholism
97. Unlike taking drugs, alcohol is not in itself illicit: "its moderate
use as a drink is not contrary to moral law."[196] Within reasonable limits
wine is a nourishment.
"It is only the abuse that is reprehensible":[197] alcoholism,
which causes dependency, clouds the conscience and, in the chronic stage,
produces serious harm to the body and the mind.
98. The alcoholic is a sick person who needs medical assistance together with
help on the level of solidarity and psychotherapy. A program of integrally human
rehabilitation must be put in place for him,[198]
Smoking
99. With regard to tobacco also, the ethical unlawfulness is not in its use
but in its abuse. At the present time it is established that excessive smoking
damages the health and causes dependency. This leads to a progressive lowering
of the threshold of abuse.
Smoking poses the problem of dissuasion and prevention, which should be done
especially through health education and information, even by way of
advertisements.
Psycho-pharmaceuticals
100. Psycho-pharmaceuticals are a special category of medicines used to
counter agitation, delirium and hallucinations and to overcome anxiety and
depression.[199]
101. To prevent, contain and overcome the risk of dependency and addiction,
psycho-pharmaceuticals should be subject to medical control. "Recourse to
tranquilizing substances on medical advice in order to alleviateóin
well-defined casesóphysical and psychological suffering should be governed by
very prudent criteria in order to offset dangerous forms of addiction and
dependency."[200]
It is the task of health authorities, doctors and those responsible for
research centers to apply themselves in order to reduce these risks to a minimum
through apt measures of prevention and information."[201]
102. Administered for therapeutic purposes and with due respect for the
person, psycho-pharmaceuticals are ethically legitimate. The general conditions
for lawfulness in remedial intervention applies to these also.
In particular, the informed consent of the patient is required and his right
to refuse the therapy must be respected, taking into account the ability of the
mental patient to make decisions. Also to be respected is the principle of
therapeutic proportionality in the choice and administration of these medicines,
on the basis of an accurate etiology of the symptoms and the motives for the
subject's requesting this medicine.[202]
103. Non-therapeutic use and abuse of psycho-pharmaceuticals is morally
illicit if the purpose is to improve normal performance or to procure an
artificial and euphoric serenity. This use of psycho-pharmaceuticals is the same
as that of any narcotic substance so the ethical verdict already given in the
case of drugs is valid also here.
Psychology and psychotherapy
104. There is already ample evidence that all bodily illness has a
psychological component, either as a co-efficient or as an after-effect. This is
what <psychosomatic medicine> is concerned with, where the therapeutic
value depends on the doctor-patient relationship.[203]
Health care workers should seek to relate to the patient in such a way that
their humanitarian attitude reinforces their professionalism and their
competence is more effective through their ability to understand the patient.
A human and loving approach to the patient, required by an integrally human
view of illness and strengthened by faith,[204] is the key to this therapeutic
effectiveness of the doctor-patient relationship.
105. Psychological disorders and illnesses can be dealt with and treated
through <psychotherapy>. This includes a variety of methods by which
someone can help another to be cured or at least to improve.
Psychotherapy is essentially a <growing process>, that is, a path of
liberation from childhood problems, or from the past, in any case, which enables
the individual to assume his identity, role and responsibilities.
106. Psychotherapy is morally acceptable as a medical treatment.[205] But it
must respect the person of the patient, who allows access into his inner world.
This respect prohibits the psychotherapist from violating the privacy of the
other without his consent and obliges him to work within these limits.
"Just as it is unlawful to appropriate the goods of another or invade his
corporal integrity without his permission, so it is not permissible to enter the
inner world of another person against his wishes, whatever be the techniques and
methods employed."[206]
The same respect prohibits the influencing or forcing of the patient's will.
"The psychologist whose only desire is the good of the patient, will be all
the more careful to respect the limits to his action set down by the moral code
in thatóin a manner of speakingóhe holds in his hands the psychological
faculties of a person, his ability to act freely, to achieve the noblest ideals
which his personal destiny and his social calling imply."[207]
107. From the moral standpoint, logotherapy and <counseling> are
privileged forms of psychotherapy. But they are all acceptable, provided that
they are practiced by psychotherapists who are guided by a profound ethical
sense.
Pastoral care and the Sacrament of Anointing of the Sick
108. <Pastoral care> of the sick consists in spiritual and religious
assistance. This is a fundamental right of the patient and a duty of the Church
(cf. Mt 10:8; Lk 9:2, 10:9). Not to assure it, not to support it, to make it
discretionary or to impede it is a violation of this right and infidelity to
this duty.
This is the essential and specific, though not exclusive, task of the health
care pastoral worker. Because of the necessary interaction between the physical,
psychological and spiritual dimension of the person, and the duty of giving
witness to their own faith, all health care workers are bound to create the
conditions by which religious assistance is assured to anyone who asks for it,
either expressly or implicitly.[208] "In Jesus, the 'Word of life,' God's
eternal life is thus proclaimed and given. Thanks to this proclamation and gift,
our physical and spiritual life, also in its earthly phase, acquires its full
value and meaning, for God's eternal life is in fact the end to which our living
in this world is directed and called."[209]
109. Religious assistance implies that there be, within the health care
structure, the possibility and the means to carry this out.
The health care worker should be totally available to support and accede to
the patient's request for religious assistance.
Where such assistance, for general or particular reasons, cannot be given by
the pastoral worker, it should be given directlyówithin possible and allowable
limitsóby the health care worker, respecting the freedom and the religious
affiliation of the patient and aware that, in doing so, he does not detract from
the rights of health care assistance properly so called.
110. Religious assistance to the sick is part of the wider vision of
medical-pastoral assistance, that is, of the presence and activity of the Church
which is meant to bring the word and the grace of the Lord to those who suffer
and to those who care for them.
In the ministry of thoseópriests, religious and laityówho individually or
as communities are engaged in the pastoral care of the sick, the mercy of God
lives on, who in Christ has bound to human suffering, and the task of
evangelization, sanctification and charity entrusted to the Church by the Lord
is carried out in a singular and privileged manner.[210]
This means that pastoral care of the sick has a special place in catechesis,
in the liturgy and in charity. Respectively, it is a matter of
<evangelizing> illness, helping a person to uncover the redemptive meaning
of suffering borne in communion with Christ; of <celebrating> the
sacraments as efficacious signs of the recreative and vitalizing grace of God;
of <witnessing> by means of the "diakonia" (service) and the
"koinonia" (communion) to the therapeutic power of charity.
111. In pastoral care of the sick, the loveófull of truth and of grace of
God comes near to them in a special sacrament meant for them: the <Anointing
of the Sick>.[211]
Administered to any Christian who is in a life-threatening condition, this
sacrament is a remedy for body and spirit, relief and strength for the patient
in his corporeal-spiritual integrity casting light on the mystery of suffering
and death and bringing a hope which opens the human present to the future of
God. "The whole person receives help from it for his salvation; he feels
strengthened in his trust in God and he receives reinforcement against the
temptations of the devil and the fear of death."[212]
Since it has the efficacy of grace for the sick person, the Anointing of the
Sick "is not the sacrament of those only who are at the point of
death." Hence "the suitable time to receive it is when one of the
faithful, either from illness or old-age, begins to be in danger of
death."[213]
As with all the sacraments, the Anointing of the Sick should also be preceded
by a suitable catechesis so that the recipient, the sick person, is a conscious
and responsible subject of the grace of the sacrament, and not an unconscious
object of the rite of imminent death.[214]
112. The proper minister of the Anointing of the Sick is the priest only, and
he should see that it is conferred "on those of the faithful whose state of
health is seriously threatened by old-age or illness." To evaluate the
seriousness of the illness it is sufficient "to have a prudent or probable
judgment."
Celebrating communal Anointing might help to overcome negative prejudices
against the Anointing of the Sick, and help to value the meaning of this
sacrament and the sense of ecclesial solidarity.
Anointing can be repeated if the sick person, having recovered from the
illness for which the sacrament was received, should again become ill, or if in
the course of the same illness his Condition should worsen.
It can be given before surgery if the reason for surgery is "a dangerous
illness."
Anointing may be conferred on the elderly "because of the notable
diminishing of their strength, even if they do not have any serious
illness."
If the conditions are present, it can also be conferred on children,
"provided they have sufficient use of reason."
In the case of sick people who are unconscious or deprived of the use of
reason, it is to be Conferred "if there is reason to believe that in
possession of their faculties they themselves, as believers, would have, at
least implicitly, requested holy Anointing."
"The sacrament cannot be conferred on a patient who is already
dead."[215]
"When there is a doubt whether the sick person has attained the use of
reason, or whether the person is gravely ill or whether the person is dead, this
sacrament is to be conferred."[216]
113. The Eucharist, also, as <Viaticum>, has a special significance and
efficacy for the patient. "Viaticum of the body and blood of Christ
strengthens the believer and furnishes him with the pledge of resurrection, as
the Lord has said: The one who eats my flesh and drinks my blood has eternal
life, and I will raise him up on the last day" (Jn 6:54).[217]
For the sick person, the Eucharist is this viaticum of life and hope.
"Communion in the form of Viaticum is, in fact, a special sign of
participation in the mystery celebrated in the sacrifice of the Mass, the
mystery of the death of the Lord and of his passing to the Father."[218]
Therefore it is the duty of a Christian to request and receive Viaticum, and
the Church has a pastoral responsibility to administer it.[219]
The minister of Viaticum is a priest. But he may be substituted by a deacon
or an extraordinary minister of the Eucharist.[220]
III. Death
114. For the health care worker, serving life means assisting it right up to
its natural completion.
Life is in God's hands: He is the Lord, He alone decides the final moment.
Every faithful servant guards this fulfillment of God's will in the life of
every person entrusted to his care. He does not consider himself the arbiter of
death, just as and because he does not consider himself the arbiter of anyone's
life.
Terminal illnesses
115. When the state of one's health deteriorates to an irreversible and fatal
condition, a person enters into a terminal state of earthly existence. For him
life is particularly and progressively precarious and painful. To illness and
physical suffering is added the psychological and spiritual drama of detachment
which death signifies and implies.
As such, the terminally ill patient is one who needs human and Christian
accompaniment, and it is here that doctors and nurses are called on to make
their expert and unrenounceable contribution. What is in question is special
medical assistance for the dying person, so that also in dying he must know and
will as a living human being. "Never more than in the proximity of death
and in death itself is life to be celebrated and extolled. This must be fully
respected, protected and assisted even in one who is experiencing its natural
end.... The attitude to the terminally ill is often the acid test of a sense of
justice and charity, of the nobility of mind, of the responsibility and
professional ability of health care workers, beginning with doctors."[221]
116. Dying is part of life as its ultimate phase. It should be cared for,
then, as belonging to it. Hence it calls for the therapeutic responsibility of
the health care worker just as much and no less than every other moment in human
life.
The dying person should not be dismissed as incurable and abandoned to his
own resources and those of the family, but should be re-entrusted to the care of
doctors and nurses. These, interacting and integrating with the assistance given
by chaplains, social workers, relatives and friends, allow the dying person to
accept and live out his death.[222] To help one to die means <to help him to
live> intensely the final experience of his life. Where possible and when the
one concerned wishes, he should be given the opportunity of spending his last
days at home with suitable medical assistance.
117. A terminally ill person should be given whatever medical assistance
helps to alleviate the pain accompanying death. This would include the so-called
palliative or symptomatic treatment.
The most important assistance is "loving presence" at the bedside
of the dying person.[223] There is a proper medical-health presence which,
though not deceiving him, makes him feel alive, a person among persons, because
he is receiving, like every being in need, attention and care. This caring
attention gives confidence and hope to the patient and makes him reconciled to
death.[224] This is the unique contribution which doctors and nurses, by their
being human and Christianómore than by their expertiseócan and should make
to the dying person, so that rejection becomes acceptance and anguish gives way
to hope.
In this way human dying is withdrawn from the phenomenon of "being
overly medicalized," in which the terminal phase of life "takes place
in crowded and activity-dominated environments, controlled by medical health
personnel whose principal concern is the biophysical aspect of the
illness." All of this "is being seen increasingly as disrespectful to
the complex human state of the suffering person."[225]
118. "Before the mystery of death we are powerless; human certainties
waver. But it is precisely in the face of such a checkmate that Christian
faith...becomes a fount of serenity and peace.... What seems meaningless takes
on meaning and worth."[226]
When this "checkmate" takes place in the life of a person, in this
decisive hour of his existence, <the witness of the health care worker's
faith and hope in Christ> has a determining role. It displays new horizons of
meaning, that is, of resurrection and life, to the one who sees the prospects of
earthly existence being closed to him.
"Over and above all human consolations, no one can be blind to the
enormous help given to the dying and to their families by faith in God and the
hope of eternal life."[227] To make faith and hope present is for doctors
and nurses the highest form of humanizing death. It is more than alleviating a
suffering. It means applying one's skills in order to "make going to God
easy for the patient."[228]
Death with dignity
119. The right to life is specified in the terminally ill person as "a
right to die in total serenity, with human and Christian dignity."[229]
This cannot be interpreted as the power to kill oneself or to give this power
to others, but to experience dying in a human and Christian way and not flee
from it "at any cost." This right is being explicitly expressed by
people today in order to safeguard themselves at the point of death against
"the use of techniques that run the risk of becoming abusive."[230]
Contemporary medicine, in fact, has at its disposal methods which
artificially delay death, without any real benefit to the patient. It is merely
keeping one alive or prolonging life for a time, at the cost of further, severe
suffering. This is the so-called "therapeutic tyranny," which consists
"in the use of methods which are particularly exhausting and painful for
the patient, condemning him in fact to an artificially prolonged
agony."[231]
This is contrary to the dignity of the dying person and to the moral
obligation of accepting death and allowing it at last to take its course.
"Death is an inevitable fact of human life":[232] it cannot be
uselessly delayed, fleeing from it by every means.[233]
120. Aware that he is "neither the lord of life nor the conqueror of
death," the health care worker, in evaluating means, "should make
appropriate choices, that is, relate to the patient and be guided by his real
condition."[234]
Here he will apply the principleóalready statedóof "<appropriate
medical treatment>," which can be specified thus: "When inevitable
death is imminent, despite the means used, it is lawful in conscience to decide
to refuse treatment that would only secure a precarious and painful prolongation
of life, but without interrupting the normal treatment due to the patient in
similar cases. Hence the doctor need have no concern; it is not as if he had
failed to assist the person in danger."[235]
The administration of food and liquids, even artificially, is part of the
normal treatment always due to the patient when this is not burdensome for him:
their undue suspension could be real and properly so-called euthanasia.
121. For the doctors and their assistants it is not a question of deciding
the life or death of an individual. It is simply a question of being a doctor,
that is, of posing the question and then deciding according to one's expertise
and one's conscience regarding a respectful care of the living and the dying of
the patient entrusted to him. This responsibility does not always and in all
cases involve recourse to every means. It might also require the renunciation of
certain means to make way for a serene and Christian acceptance of death which
is inherent in life. It might also mean respect for the wishes of the patient
who refuses the use of such means.[236]
The use of painkillers for the terminally ill
122. Among the medicines administered to terminally ill patients are
painkillers. These, which help to make the course of the illness less dramatic,
contribute to the humanization and acceptance of death.[237]
This, however, does not constitute a general norm of behavior.[238]
"Heroic behavior" cannot be imposed on everyone.[239] And then, very
often, "pain diminishes the moral strength" of the person:[240]
sufferings "aggravate the state of weakness and physical exhaustion,
impeding the impulse of the spirit and debilitating the moral powers instead of
supporting them. The suppression of pain, instead, brings organic and psychic
relief making prayer easier and enabling one to give oneself more
generously."[241]
"Human and Christian prudence suggests the use for most patients of
medicines which alleviate or suppress pain, even if this causes torpor or
reduced lucidity. With regard to those who are unable to express their wishes,
one can reasonably suppose that they wish to take painkillers and these can be
administered according to medical advice."[242]
The use of painkillers with the dying, however, is not without its problems.
123. First, their use might have the effect, of not only alleviating pain,
but also of <hastening death>.
When "proportionate reasons" so require, "it is permitted to
use with moderation narcotics which alleviate suffering, but which also hasten
death."[243] In this case "death is not intended or sought in any way,
although there is a risk of it for a reasonable cause: what is intended is
simply the alleviation of pain in an effective way, using for that purpose those
painkillers available to medicine."[244]
124. There is also the possibility that painkillers will cause
unconsciousness in the dying person. This use must receive special
consideration.[245]
"Without serious reasons, the dying person must not be deprived of
consciousness."[246] Sometimes the systematic use of narcotics which reduce
the consciousness of the patient is a cloak for the frequently unconscious wish
of the health care worker to discontinue relating to the dying person. In this
case it is not so much the alleviation of the patient's suffering that is sought
as the convenience of those in attendance. The dying person is deprived of the
possibility of "living his own life," by reducing him to a state of
unconsciousness unworthy of a human being.[247] This is why the administration
of narcotics for the sole purpose of depriving the dying person of a conscious
end is "a truly deplorable practice "[248]
It is a different matter when there is a serious clinical case for the
administration of analgesics which suppress consciousness, as when there is
violent and unbearable pain. In this case the anesthetic is said to be licit,
provided certain conditions are fulfilled: that the dying person has fulfilled
or could still fulfill his moral, family and religious obligations.[249]
Telling the truth to a dying person
125. Telling the truth about the diagnosis and prognosis to the dying person,
and more generally to those suffering from an incurable illness, poses a problem
of communication.
To inform someone that they are dying is difficult and dramatic, but this is
not an exemption from <being truthful>. Communication between a dying
person and those in attendance cannot be based on pretense. This is never a
human possibility for the dying person and does not contribute to the
humanization of dying.
<The person has a right to be informed of their condition>. This right
is not lessened where there is a diagnosis and prognosis of a terminal illness,
rather, it is heightened.
This information, in fact, is linked to important responsibilities which
cannot be delegated to another. There are responsibilities bearing on the
treatment to be applied with the informed consent of the patient.
With the approach of death comes the responsibility to fulfill certain duties
in one's relationship with the family, settling possible legal matters,
resolving obligations to a third party. For a believer the approach of death
requires that he be fully aware when he performs certain actions, especially the
reconciling encounter with God in the sacrament of Penance.
The person cannot be abandoned to unconsciousness in the decisive
"hour" of his life, taking him away from himself and from his final
and most important decisions. "Death is too essential a moment for its
prospect to be avoided."[250]
126. The duty of being truthful with the terminally ill patient demands
<discernment and human tact> on the part of medical personnel.
It cannot consist of a detached and indifferent communication of the
diagnosis and relevant prognosis. The truth must not remain unspoken, but
neither must it be given in all its bare, crude reality. It should be given in
line with love and charity, calling all those who assist the patient in various
ways to be attuned to this communion.
There is the need to establish a relationship of trust, receptivity and
dialogue with the patient, seeking the appropriate time and words. There is a
way of speaking that is discerning and respectful of the patient's moods, and it
should be in harmony with these. There is a form of conversation wherein
questions are tactfully handled and even provoked, so that the patient is
gradually brought to an awareness of his condition. If one tries to be present
to the patient and sensitive to his lot one will find the words and the replies
which make it possible to communicate in truth and in charity: "giving the
truth in love" (Eph 4:15).
127. "Each case has its own requirements, depending on the sensitivity
and ability of each person, of his or her relationship with the patient and the
patient's condition; to provide for the patient's possible reactions (rebellion,
depression, resignation, etc.), one will prepare oneself to face them calmly and
tactfully."[251] It is not the exactness of what is said that is important,
but the relationship of solidarity with the patient. It is not simply a matter
of giving clinical facts, but of meaningful communication.
In this relationship the prospect of death is not presented as inescapable,
and it loses its anguishing power: the patient does not feel isolated and
condemned to death. When the truth is presented to him in this way he is not
left without hope, because it makes him feel alive in a relationship of sharing
and communion. He is not alone with his illness: he feels truly understood, and
he is at peace with himself and with others. He is himself as a person. His
life, despite everything, has meaning, and dying unfolds with optimistic and
transcendent meaning.
The moment of death
128. The use of resuscitative technology and the need for vital organs for
transplant operations pose anew today the problem of diagnosing when death
occurs.
Death is seen and experienced by people as a decomposition, a dissolution, a
rupture.[252] "It comes when the spiritual principle which governs the
unity of the individual is no longer able to exercise its functions on and in
the organism and the elements of the latter, left to themselves, dissociate.
Certainly, this destruction does not effect the entire human being. The
Christian faithóand not it aloneóaffirms the continuance, beyond death, of
man's spiritual principle." Faith nourishes in the Christian the hope of
again finding his personal integrity transfigured and definitively possessed in
Christ" (1 Cor 15:22).[253]
This faith filled with hope does not prevent "death [from] being a
painful rupture." But "the moment of this rupture is not directly
perceptible, and the problem is to identify the signs."[254] To ascertain
and interpret these signs is not a matter for faith or morals but for medical
science: "it is for the doctor...to give a clear, precise definition of
death and of the moment of death."[255] "Scientists, analysts and
scholars must continue their research and their studies to determine in the most
precise way possible the exact moment and the irrefutable sign of
death."[256]
Once this determination has been achieved, in its light the questions and
moral conflicts arising from new technologies and new therapeutic possibilities
can be resolved. Moral theology, in fact, cannot but acknowledge the biomedical
determination as the decisive criterion.
129. With regard to this determination, the Pontifical Academy of Sciences
has made an authoritative contribution. First with regard to the <biomedical
definition of death>: "a person is dead when he has irreversibly lost
all ability to integrate and coordinate the physical and mental functions of the
body."
Second, with regard to the precise moment of death: "death comes when:
a) the spontaneous functions of the heart and breathing have definitively
ceased, or b) the irreversible arrest of all brain activity." In reality
"brain death is the true criterion of death, although the definitive arrest
of cardio-respiratory activity very quickly leads to brain death."[257]
Faith and morals accept these findings of science. However, they demand of
health care workers the most accurate use of the various clinical and
instrumental methods for a certain diagnosis of death so that a patient is not
declared dead and treated as such when in fact he is not dead.
Religious assistance for the dying
130. The crisis which the approach of death involves prompts the Christian
and the Church to be a bearer of the light of truth which faith alone can cast
on the mystery of death.
Death is an event which brings one into the life of God, and revelation alone
can pronounce a word of truth about it. This truth must be brought in faith to
the dying person. The annunciation "full of grace and truth" (Jn 1:14)
of the Gospel accompanies the Christian from the beginning to the end of life.
The last word of the Gospel is the word of life that conquers death and opens up
the greatest hope to the dying person.
131. <Death>, then, <must be evangelized>: the Gospel must be
announced to the dying person. It is a pastoral duty of the ecclesial community
in each one of its members, according to the responsibilities of each. The
hospital chaplain has a special obligation here, since he is called to minister
to the dying within the broader limits of the pastoral care of the sick.
For him this duty implies not only the role he personally carries out at the
side of the dying entrusted to his care, but also the promotion of this pastoral
activity, through organizing religious services, forming and sensitizing health
care workers and involving relatives and friends.
The announcement of the Gospel to the dying finds especially expressive and
effective forms in charity, prayer and the sacraments.
132. <Charity> means that giving and receptive presence which
establishes with the dying person a communion born of attention, comprehension,
concern, patience, sharing and selflessness.
Charity sees in the dying person, as in no other, the face of the suffering
and dying Christ calling out for love. Charity to the dying personóthis
"poor one" who is renouncing all the goods of this worldóis a
privileged expression of love of God in one's neighbor (cf. Mt 25:31-40).
Loving the dying with Christian charity is helping them to recognize and feel
vividly the mysterious presence of God at their side: in the charity of a
brother the love of God becomes visible.
133. Charity enables the relationship with the dying person to expand in
prayer, that is, in communion with God. In this communion one relates to God as
the Father who welcomes his children returning to Him.
To help the dying person to pray and to pray with him means opening up to him
the horizons of divine life. It means, at the same time, entering into that
"communion of saints" in which all the relationships, which death
seems to break irreparably, are re-knit in a new way.
134. A privileged moment of prayer with the dying person is the celebration
of the <sacraments>: the grace-filled signs of God's salvific presence.
Foremost is the sacrament of the <Anointing of the Sick> through which
the Holy Spirit, completing in the Christian his assimilation to Christ begun in
baptism, makes him participate definitively in the paschal triumph over sickness
and death.
<Viaticum> is eucharistic nourishment, the bread of communion with
Christ which gives the dying person the strength to face the final and decisive
stage of life's journey.
<Penance> is the sacrament of reconciliation: at peace with God, the
dying person is at peace with himself and with his neighbor
135. In this <faith>, filled with <charity> the powerlessness
experienced when faced with the mystery of death is not agonizing and
paralyzing. The Christian finds <hope> and in it the possibility, despite
everything, to live and not suffer death.
The suppression of life
136. The inviolability of human life means and implies in the last analysis
the unlawfulness of every act which directly suppresses human life. "The
inviolability of the right to life of the innocent human being from conception
to death is a sign and a requirement of the very inviolability of the person, to
whom the Creator has given the gift of life."[258]
God himself "is the vindicator of every innocent life." "He
will call man to account for the life of man: each one will have to answer for
his brother" (Gen 9:5; cf. Mt 19:18; Rom 13:9). And his commandment is
categorical: "Thou shalt not kill" (Ex 20:13): "Do not kill the
innocent or the just one because I will not absolve the guilty one" (Ex
23:7).[259]
137. This is why "no one can make an attempt on the life of an innocent
person without opposing God's love for that person, without violating a
fundamental, unrenouncable and inalienable right."[260]
This is a right that one has come <directly> from God (not from others:
parents, society, human authority). "Hence there is no one, no human
authority, no science, no medical, eugenic, social, economic or moral
'indicator' which can show or give a valid juridical justification for direct,
deliberate disposal of an innocent human life, that is, a disposal aimed at its
destruction, either as an end or as a means to another end which in itself may
not be at all illicit."[261]
In particular "nothing and no one can authorize the killing of an
innocent human being, whether it is a fetus or an embryo, a child or an adult,
elderly, ill, incurable or dying. Moreover, no one can request this homicidal
act for themselves or for another for whom they are responsible, nor can they
consent to it explicitly or implicitly. No authority can legitimately impose it
or permit it. It is, in fact, a violation of divine law. an insult to the
dignity of the human person, a anti-life crime, an attempt on humankind
"[262]
138. "Ministers of life and never agents of death,"[263] it is for
health care workers "to safeguard life, to be watchful over its evolution
and development throughout its whole existence, respecting the plan drawn up by
the Creator."[264]
This vigilant ministry of safeguarding human life rejects <homicide> as
a morally grave act, contrary to the medical mission, and opposes voluntary
death, <suicide>, as "unacceptable," dissuading anyone tempted
to do so from carrying it out[265]
Among the modalities of the suppression of life, homicide or suicide, there
are twoóabortion and euthanasiaóagainst which this ministry should be
particularly vigilant and in a certain way prophetic, due to the cultural and
legislative context which is rather frequently insensitive if not, indeed,
favorable to their propagation.
Abortion
139. The inviolability of the human person from conception prohibits
<abortion> as the suppression of prenatal life. This is "a direct
violation of the fundamental right to life of the human being"[266] and is
"an abominable crime."[267]
There is need to make explicit reference to suppression of life by abortion
and its moral gravity because of the ease of recourse to this homicidal practice
today and the ethical indifference towards it induced by a hedonistic and
utilitarian cultureóoffspring of theoretical and practical materialismówhich
has spawned a truly abortionist mentality.
The elimination of the unwanted pregnancy has become a wide-spread
phenomenon, financed by taxpayer's money and facilitated by permissive and
guaranteed legislation.[268] All of this is the fatal cause for many people to
avoid taking responsibility for the expected child and so to banalize a serious
sin.[269]
"Unfortunately, this disturbing state of affairs, far from decreasing,
is expanding.... At the same time a new cultural climate is developing and
taking hold, which gives crimes against life a <new andóif possibleóeven
more sinister character>, giving rise to further grave concern: broad sectors
of public opinion justify certain crimes against life in the name of the rights
of individual freedom |