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The
case of Terri Schindler-Schiavo
The
debate over end-of-life issues continues... contents
The extreme right
wing & its faith-based agenda support, "life at all cost"
When Terri was competent, she had a fundamental right of self determination regarding decisions pertaining to her health, including the right to choose or refuse medical treatment. But when she became incompetent, these rights became exercisable by her husband, who is her guardian. And it is the conflict of these two rights a legislatively-recognized right of self determination as presently exerted by her guardian, and a constitutionally inalienable right to enjoyment and defense of life as raised by her parents that has become an epic legal battle. Some argue that what makes this matter so difficult is that Terri cannot speak for herself. But it is clear that Terri is not terminally ill. Judge Greer expressed this well in his order, stating that there appears to be no finality in sight to this process. That her disability precludes her from objecting to the imposition of death by starvation and dehydration has given the Florida Circuit Court cause for years of deliberation on whether her life may be so taken. But is it really that complicated? Terri has committed no capital offense. She has not asked that her life be taken. She continues to live with her disability and has not abandoned her right to defend her life. Absent the gravest of circumstances, the State must defend her life. And the State must also ask, given the conflict of a legislatively recognized right and a constitutionally inalienable right, how shall the State proceed? Here again, the presumption must be for the defense of life. Terris inalienable right to defend her life may not be taken from her by her guardian, or by the Florida Legislature, or by the Florida Courts. If her guardian refuses to exercise it, the State of Florida must do so. If the State of Florida will not do so, then the United States must. If we have come to the point that a severely disabled person, or even a person in a persistently vegetative state, may have their lives devalued and their inalienable Constitutional rights arbitrarily removed by legislative or judicial fiat, then we have reached a dangerous point indeed. For, in order for the rights of the remainder of us to be preserved, we must then argue that such humans in general, and that Terri Schiavo in particular, no longer can be considered true natural persons. We must argue that because a human no longer can react, or feed herself, or enjoy life, that she has become less than a person. We must argue that, because of criteria regarding physical disability which we have established legislatively or judicially, the basic rights of these individuals may be removed on the basis that they have forfeited personhood. And if we have reached the point that personhood, and basic rights, may depend on the vagaries of physical debility, who is to say that in another time, another legislature and another judge may not define personhood by criteria of race, or religion, or national origin? Who has forgotten that in another time, legislatures and judges did just that? The only positive outcome from this case is that it raises public awareness of the importance of discussing end-of-life issues with family members and underscores how an advance directive, a living will and/or durable power of attorney for health care, clarifies and provides evidence of the wishes of an individual regarding end-of-life decisions. DAWN Ontario encourages everyone to have an advance directive in place. Our thoughts and prayers go out to the family of Terri Schindler-Schiavo.
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Published Commentary from Disability Community
Terri
Schiavo: It's Not Just About Terri Any More You
Too Can Lose Weight and Keep it Off: The Terri Schiavo Success Story
Articulating
our perspective to progressives Why
Schiavo case worries the disabled Bigotry
and the Murder of Terri Schiavo Has
disability become a capital offense?
Not
Dead at All Against
the killing of the light No,
It's Not About Terri Schiavo Anymore Disability
Advocacy Organizations Voice Support For Terri Schindler-Schiavo Issues
Surrounding Terri Schindler-Schiavo Are Disability Rights Issues, Say
National Disability Organizations
Analysis:
You Be The Judge: Was Terri Schindler- Schiavo A Strangulation Victim? Of
Maturity and Murder: George Felos, Adolf Hitler, and an American Majority
April 8, 2005 Schiavo
case pertains to life, choice, due process
Schiavo
doomed by biased polls
April 7, 2005 Schiavo
Case: Living Wills, Autopsy Not the Answer Schiavo
story provokes new interest on issue Issues
in Schiavo case live on, disability-rights group says A
Right to Health Care and a Right to Die Terri
Schiavo: It's Not Just About Terri Any More
April 6, 2005 Hundreds
Gather to Mourn Terri Schiavo Where
were Schiavo's loved ones as eating disorder led to downfall?
April 5, 2005 Pope
John Paul and Terri Schiavo Teresa
Schindler-Schiavo: The Final Chapter The
Execution of Terri Schiavo Terri
Schiavo - The Legislative Aftermath Issues
raised by Schiavo won't die Kristol:
Why No 'Evolving Standards of Decency' for Terri Schiavo Terri
Schiavo's affliction
April 4, 2005 The
Tragedy of Terri Schiavo: A Nurse's View Terri's
Fight, Our Battle When
Facts Collide With Beliefs Stories
Sway Personal Choice The
Culture of Life
April 3, 2005 Reality
of Schiavo case is lost in loose talk Terri
Schiavo - Lessons Learned
April 2, 2005 The
execution of Terri Schiavo
Analysis:
Lawmakers ponder Schiavo case Terri
Schiavo Cremated Amid Family Feud We
must learn a lesson from Terri Schiavo Autopsy
of Terri Schiavo Completed Who
is Brain-Dead? Who
was Terri Schiavo? Overkilling
Schiavo Schiavo
case tests America Who
Is Judge George (Boss) Greer? [The Terri Schiavo Case Isn't Over] Terri
Schiavo Case Mythology Schiavo's
autopsy done; 2 funerals are planned
April 1, 2005 You
Too Can Lose Weight and Keep it Off: The Terri Schiavo Success Story
The
Murder of Terri Schiavo Playing
God with Terri Schiavo, and millions found it moral Schiavo's
Family Plans Separate Funerals Theresa
Marie Schiavo Schiavo's
Case May Reshape American Law Terri
Schiavo's Parents Needed Activist Judges: Ann Woolnar Anger
growing over Schiavo death Mourning
Marks Terri Schiavo's Death 'Culture
of Life' is a Culture of Fear Terri
Schiavo and Troubling Concerns Schiavo
legacy will continue after her death Schiavo's
death steps up push for end-of-life legislation in U.S. Funeral
location kept private to bar parents, relative says Young
woman sought sunshine, made headlines Death
doesn't end war of words among family members, backers
March 31, 2005 Terri's
Death was Euthanasia rather than Natural Death Terri
Schiavo: Stealing Heaven's Fire Terri
Schiavo dies but bitter divide remains Right
emboldened by Schiavo case Terri
Schiavo Dies, Ending Seven-Year Legal Fight After
long struggle, Terri Schiavo dies at 41 It's
arrogance to decide it's time for Schiavo to die Conservative
Elders Smack Bush for Schiavo Position A
Political Circus Comes to Its Personal Close Family
feud over Terri Schiavo goes on Rep.
Smith calls for full inquiry into Terri Schiavo case Terri
Schiavo relatives feud over burial George
Bush's Limited Definition of "Life" Life
and Terri Schiavo Terri
Schiavo Dies Amid Controversy Vatican
denounces Terri Schiavo's death Bush
Offers Condolences to Terri Schiavo's Family Terri
Schiavo Is Dead...and What Remains Brain-damaged
Terri Schiavo dies Terri
Schiavo, 1963-2005 Plug
Me In A
Plug for the GOP: In the long run, Schiavo case could get spun to Republicans'
advantage Key
Dates in Terri Schiavo Case Terri
Schiavo & The Constitution High
Court Rejects New Schiavo Request U.S.
Supreme Court Rejection May End Terri Schiavo Legal Fight Gibson
says Schiavo death "nothing more than state-sanctioned murder" Blame
goes all around for Schiavo outcome Schiavo
case holds lessons for caregivers Backward
Christian Soldiers So
many outrages in Schiavo case Schiavo's
Attorney Carves Out Niche Bush
and Congress Rebuked in Schiavo Case Parents
don't want to quit Court
rejects Schiavo's parents' plea Wednesday's
developments in the Schiavo case
March 30, 2005 U.S.
Supreme Court again says no to Schindlers
(11:25 pm ET) Making
Terry Schiavo Important Why
I Don't Care About Terry Schiavo US
Court to Hear New Schiavo Appeal Appeals
Court to Consider a Petition in the Schiavo Case (Filed at 8:25
a.m. ET) Terri
Schiavo: a disability rights case? Bad
call for Schiavo parents, but husband's on the mark March 29, 2005 Lady
Liberty dying with Terri Schiavo Terri
Schiavo 'close to death' Suprisingly
civil at the site of Schiavo protests Activists
demand action to save Terri Schiavo Schiavo
Case Proves Dems are Starving for Leadership
Schiavo's
parents file new appeal The
Terri Schiavo Debate Is Far, Far From Over Terri
Schiavo's 2002 CT scan Schiavo
Case: Media Pander to the Right List
of Schiavo Donors Will Be Sold by Direct-Marketing Firm Terri
Schiavo remains deprived of food supply Schiavo
case unexpectedly unites most Americans What's
going on in Schiavo's head? Ignoring
suffering of everyone who isn't Terri Schiavo Political
opportunism at its most malignant
Terri
Schiavo: Judicial Murder
George
Orwell & Terri Schiavo
With
Giant Spoon, Fla. Woman Helps Stir Up Schiavo Protest Across From White
House Terri
Schiavo and the Reality Gap Husband
Arranges for Autopsy of Terri Schiavo Husband
promises to make Terri Schiavo autopsy public Schiavo's
Husband Says Autopsy Will End Suspicions Terri
Schiavo--The Bell Tolls for Humanity Terri
Schiavo's Condition Deteriorates, Likely Beyond Recovery
Last
rites administered to dying Terri Schiavo
March 28, 2005 The
Right and Left of the Right to Die Terri
Schiavo: A Cause for the Left?
The
Many Layers of the Terry Schiavo Controversy
The
Schiavo case Terri
Schiavo's parents end legal battle, but protesters continue fight Terri
Schiavo's parents are 'dealing with reality' as protesters head to Washington
Defeat
does not deter Schiavo's parents Eating
disorder at root of Terri Schiavo case Schiavo
Judge Has Reason to Fear Supporters
of Schiavo's parents head to D.C.
March 27, 2005 The
Terri Schiavo Debacle from a Progressive Disability Perspective Life,
Death and Hypocrisy Death
doesn't become her No
compelling reason to kill Terri Schiavo Terri
Schiavos parents, husband differ on interment Schiavo's
family asks people to leave Schiavo's
condition worsens - hits mother hardest Husbands
position in Schiavo tragedy is suspicious at best
Did
Descartes Doom Terri Schiavo? The
Legacy of Terri Schiavo
Michael
Schiavo Plans to Cremate Terri Terri
Schiavo Near Death Judges
deny Schiavo parents again Schiavo's
dad: 'She's down to last hours' Behind
Life-and-Death Fight, a Rift That Began Years Ago Morality
and Reality Local
cops say state came for Schiavo Poll
respondents divided on Terri Schiavo issue The
Rhetoric in Schiavo case
March 25, 2005 Judge
again denies parents' petition to reinsert Terri Schiavo's feeding tube
(5:08 pm EST) How
Liberalism Failed Terri Schiavo
Schiavo
Case Tests Government Principles Following
the Terri Schiavo Donation Money Why
Schiavo case worries the disabled Schiavo
efforts may be sign of future battles in Congress Terri
Schiavo showing signs of dehydration TERRI:
Compassion or Politics? An Interfaith Perspective on the Schiavo Case Neither
'Starvation' Nor the Suffering It Connotes Applies to Schiavo, Doctors
Say Far
Right Using Terri Schiavo To Further Its Agenda A
Good Friday to talk about Terri Schiavo Terri
Schiavo's Unstudied Life Bigotry
and the Murder of Terri Schiavo Schiavo's
Health Wanes As Parents Appeal Weight
of law favors husband in Schiavo case
March 24, 2005 Legal
options nearly exhausted in Schiavo case Terri
Schiavo is not a legislative issue Terri
Schiavo: Death Be Not Proud Bush
errs, but not on the side of life Friends
say Schiavo's husband definitely has a motive: Loyalty What
drives Terri Schiavos husband?
World
divided on ethics of Terri Schiavo case U.S.
Supreme Court Rejects Schiavo Case Schiavo
Case a Study in Judicial Review Schiavo
Dilemma: Brain Death vs. Physical Life The
Schiavo case: A political victory that wasn't Legal
options running out in Schiavo case Schiavo
Tragedy Taking on Political Tone (07:49
EST) Schiavo's
parents appeal to US Supreme Court House
postpones Good Friday hearing at Schiavo's hospice Schiavo's
Parents Seek Help From U.S. Supreme Court (07:49
EST)
March 23, 2005 This
tragic case will end badly Key
point missed in Schiavo case Appeals
court turns back bid by Schiavo's parents to have tube re-inserted
(6:34 pm EST) Doctors-R-Us Florida
officials move again to intervene in Schiavo case (5:01 pm EST) Gov.
Bush Seeks to Take Custody of Schiavo Outside
View: Why the furor over Schiavo? Political
Fallout Over Schiavo Law In
fight over life, it's Schiavo who has blood on his hands |