Abortion
Abortion in Northern Ireland
Northern Ireland is part of the UK, but also not part of the
UK. For instance, the 1967 Abortion Act has never been
extended to Northern Ireland. Abortion there remains a
crime under the 1861 Offences Against the Person Act, by
which offenders can face a maximum penalty of life
imprisonment. Abortion in the Province may be carried
out only if a woman's life is deemed to be at risk, or if
there is a permanent or serious risk to her mental or
physical health. This is an uncommon occurrence –
official statistics show that only 23 such terminations took
place there in 2013-14.
In recent years, this strict state of affairs has become the
focus of protest. Organisations, such as Marie Stopes
and Amnesty International, have joined the campaign to
liberalise the law. The battle has been intense.
In 2014, the Northern Ireland's Department of Justice
carried out a public consultation on changing the law to
allow abortion in cases of fatal foetal abnormality.
The Northern Ireland Human Rights Commission considered this
move too limited and therefore brought a legal challenge to
extend abortion to cases of serious foetal malformation,
rape and incest. A judicial review hearing was held
over three days in June 2015. On 30 November 2015, Mr
Justice Horner, a Belfast High Court judge, ruled that
Northern Ireland’s abortion legislation is in breach of
Article Eight of the European Convention on Human
Rights. In other words, some women are entitled to
exemptions in the law. It is still unclear whether new
legislation by the Stormont Assembly will be required to
enforce this ruling. Nevertheless, many consider there
is no public appetite for a change to the current law.
In late January 2016, both the Attorney General for Northern
Ireland and the Minister for Justice announced their
intentions to appeal, for different reasons, the High Court
ruling.
Abortion in Scotland
The 1967 Abortion Act does apply to Scotland.
Therefore the upper time limit for most abortions stands at
24 weeks. Now there are fears that this limit could be
extended if, and when, abortion law is devolved from the UK
Parliament under the pending Scotland Bill, which has been
introduced as a result of the failed 2014 independence
referendum. The Bill began its Committee Stage in the House
of Lords on 19 January 2016.
To oppose any potential extension of time limits for
abortion, a new campaign organisation has been launched
called, Don’t Stop a Beating Heart. The group’s
message is that, ‘there is always a better solution than
abortion’, ‘abortion damages women’ and ‘abortion
discriminates against babies with disabilities’.
Despite the fears, Scotland’s First Minister, Nicola
Sturgeon, has already stressed that her SNP government will
make no changes to the law.
Dr Palaniappan Rajmohan
In 2014, undercover reporters from The Daily Telegraph
caught Dr Palaniappan Rajmohan on video willing to perform a
sex-selective abortion. In February 2015, MPs
defeated, by 292 votes to 201, an amendment, introduced by
Fiona Bruce MP, that would have made sex-selective abortions
illegal under UK law.
In November, Rajmohan was disciplined, not for his
willingness to kill an unborn child because of her sex, but
because he lied on government paperwork. He admitted
falsely recording that Ms A wanted a termination because she
was ‘too young for pregnancy’ when she had told him that her
real reason was the sex of the foetus.
Paul Curtis, who chaired the UK Medical Practitioners
Tribunal Service (MPTS) hearing, wrote, ‘The panel is in no
doubt that your actions have brought the medical profession
into disrepute and would be considered deplorable by fellow
practitioners. As such, the panel is satisfied that
your conduct is sufficiently serious as to amount to
misconduct. The panel has determined it is in the
public interest to suspend your registration with immediate
effect in order to maintain public confidence in the
profession.’ And what was Dr Rajmohan’s
punishment? Three month’s suspension from
practice. A mere slap on the wrist.
Update - the
MPTS ruled in January that Dr Rajmohan's fitness to
practise was no longer impaired. In other words, though his ban will remain
on the public record, he
is now free to continue to perform abortions.
Yet another test for Down’s
The UK National Screening Committee (UKNSC) has recommended
that a new non-invasive test for Down’s syndrome forms part
of the NHS’s Fetal Anomaly Screening Programme (FASP) in
England. If the government approves the change it will
mean fewer women will need to undergo invasive diagnostic
tests, such as amniocentesis, which carry a small associated
risk of miscarriage.
The new Non-Invasive Pre-natal Testing (NIPT) is based on
cfDNA screening. The test involves collecting a sample
of a pregnant mother's blood, isolating fragments of
cell-free DNA (cfDNA) and screening them for genetic
abnormalities. The majority of the fragments come from
the mother (cell-free maternal DNA), but around 10% to 20%
come from the unborn child (cell-free foetal DNA). If
the unborn child has Down’s syndrome there will be
proportionally more chromosome 21 fragments than expected
because Down’s people have two copies of this chromosome.
If approved, it would be offered as an additional test for
Down’s syndrome plus three other common aneuploidies,
Edward’s, Patau’s and Turner’s syndromes. Currently,
women between 10 and 14 weeks’ gestation, and considered to
be at ‘high risk’, are offered invasive screening for these
genetic anomalies. NIPT can be optimally used by week
10. It is reckoned to detect at least 98% of Down’s
pregnancies.
At present, at least 90% of unborn children who are
prenatally diagnosed with Down’s syndrome are aborted.
If the new cfDNA test were implemented it is estimated that
it would detect another 102 Down’s babies each year, of
which 92 would likely be aborted. On the other hand,
it is projected that the NIPT would prevent 25 miscarriages
caused by the old invasive tests.
However, a recent review by the Department of Health found
that NIPT is also being used to determine a baby’s sex,
which could lead to an increase in sex-selective
abortions. The review stated that any such misuse of
NIPT, ‘underlines the need for us to continue to monitor
birth ratios and abortions by ethnicity to assess the impact
of these tests, particularly if they become more widely
available.’ NIPT, which can be carried out as early as
7 weeks into a pregnancy, is not yet available on the NHS,
but some private clinics, in conjunction with US centres,
are offering the test at between £400 and £900.
Don’t Screen Us Out
And what is the reaction to all this among some Down’s
adults? They are appalled. In January 2016, a
new campaign group, Don’t Screen Us Out, was launched after
the UK National Screening Committee (UKNSC) released its
decision to recommend the implementation of the non-invasive
prenatal testing (NIPT) technique called ‘cell-free DNA’
(cfDNA), which could lead to a profound reduction in the
number of children born with Down’s syndrome.
The group warns that the new test will, ‘... enable a kind
of informal eugenics in which certain kinds of disabled
people are effectively “screened out” of the population
before they are even born.’ The Don’t Screen Us Out
organisation calls on the UK government to halt the
implementation of cfDNA screening and to introduce reforms
which would more effectively support those with Down’s
syndrome and their families.
In October 2015, the UNESCO International Bioethics
Committee issued a strong warning on the ethical
implications of approving NIPT. The Committee’s report
stated, ‘A widespread use of NIPT, namely as general
screening in order to detect abnormalities, followed by an
abortion, is perceived by some people as an evidence of the
will to avoid permanent pain in a lifetime, by others as a
sign of a situation of the exclusion society gives to people
affected by this illness, meaning indirectly that certain
lives are worth living, and others less.’
China’s new two-child policy
On 29 October 2015, the Chinese government announced that it
would end, or at least modify, its decades-long one-child
policy. All couples would now be allowed to have two
children. The controversial policy was introduced in
1979 to reduce the country's birth rate and slow its
population growth rate. The policy was mostly managed
through a series of birth permits, compulsory sterilizations
and forced abortions – often carried out brutally. In
2012, the Chinese government announced that the one-child
policy had prevented 400 million births, including 336
million abortions, which corroborates evidence from other
sources that the abortion rate in China has been about 13
million each year.
The new policy has been introduced progressively. For
several years China has allowed ethnic minorities and
couples in rural areas, whose first child is a girl, to have
a second child. And in 2013, couples, where at least
one spouse was an only child, were permitted to have a
second child.
But the legacy of the old policy is all too evident.
Traditional family life has become restricted with too many
overindulged ‘boy emperors’. There is also an ageing
population, creating a dangerously imbalanced demographic
spiral. The Chinese workforce will lose 67 million
people during the next 15 years with estimates that a
quarter of its population, 440 million people, will be over
60 by 2050. And because of widespread abortion or
infanticide of girls, there are now an estimated 20 to 40
million eligible Chinese men unable to find brides.
This demographic distortion has fuelled an increase in sex
crimes and a growing sex-trafficking industry.
Even the new policy has its stern critics. In Beijing,
government officials have apparently already denied 5,000
couples the freedom to have a second child. Others
criticise the authorities because the new measures still
retain a system of forced abortions and
government-controlled fertility regulations. Moreover,
enforced quotas and systems of surveillance are ever
present. And severe penalties remain for those who
dare to have a third child.
The UK’s new two-child policy
The UK government’s proposed new policy, announced in the 8
July budget, will impose a two-child limit on tax credits
and housing benefits. The policy, to be introduced in
April 2017, has been condemned as ‘fundamentally
anti-family’. Others consider it could split up
families as well as put pressure on people trapped in
abusive households. Moreover, there have been warnings
that it could lead to more abortions.
Gene
Editing
The
development of gene editing
The age of genetic engineering arguably began in 1973 when
scientists in California developed recombinant DNA
techniques that allowed the insertion of new genes into
living cells. But it was a hit-and-miss
technology. At the turn of this century, we were told
that gene therapy would change the world. It did
not. Patients were ‘infected’ with viruses that
contained ‘healthy’ DNA in order to replace their defective
or missing DNA. Sadly, such treatments created their
own problems with isolated ‘boys in bubbles’ and a few
patients developing leukaemia, or even dying.
Those therapeutic nightmares have now become therapeutic
dreams, almost. In the last few years, those old
unpredictable methods have been replaced by the elegant,
precise – and contentious – techniques of gene
editing. There are currently three basic technologies,
known as zinc fingers, TALENs and CRISPR. They act
similarly as a type of satnav that guides its way to a
specific site on the DNA chain and then an associated
enzyme, behaving like a pair of ‘molecular scissors’, edits
the DNA – cuts it out and splices it in, anywhere and
everywhere, and easily, and cheaply. These radical
gene-editing techniques have opened up a whole new
therapeutic world – it is still genetic engineering, but
this time, so much more nifty.
No topic has dominated the chattering world of biological
science during the last year as much as gene editing.
While it is universally regarded as ‘the biggest
biotechnology advance’ for decades, its possibilities have
divided both the scientific and the bioethical
domains. It has raised again that age-old problem of
‘we can, but should we?’ Specifically, should we edit
the human genome and begin to engineer human beings?
We already ‘engineer’ our offspring, albeit crudely.
Who we choose to reproduce with is a form of selective
editing. Preimplantation genetic diagnosis (PGD) is a
recognised method of choosing some embryos to live and some
to die. But gene editing raises other concerns.
For instance, is it safe technically and socially?
There may be unintended side effects – certainly it is a
novel and untried technology. It is also capable of
producing germline modifications – genetic changes that are
passed down the generations of offspring without their
consent. Yet, if gene editing can help the millions
born each year who are disabled for life, is consent even
relevant? Yet, if allowed, where will the slippery
slope of genetic tinkering end – medical treatments,
physical and mental enhancements, or out-and-out
eugenics? Will we come to regard people as mere
carriers of genetic information rather than as persons with
individual intrinsic dignity and value? It has been
said that gene editing ‘has the potential to completely wipe
out diseases, but also that to wipe out humanity.’
And consider its phenomenal development. Currently the
major technique for gene editing is CRISPR-Cas9.
CRISPR is shorthand for Clustered Regularly-Interspaced
Short Palindromic Repeats. Cas9 is an enzyme which
acts as the 'molecular scissors'. It was only in 2012
that Jennifer Doudna and Emmanuelle Charpentier discovered
that CRISPR and Cas9 could ‘cut and paste’ genes and
genomes. And it was only in April 2015 that Huang and
his colleagues in China first used the procedure to edit the
genomes of human embryos.
Whatever the pros and cons, the gene-editing race is on – it
will not go away. Gene-editing methodologies may come
and go, but the momentum of this technique is
unstoppable. At the end of 2015, the journal Science
awarded CRISPR the Breakthrough of the Year Award. A
recent Thomson Reuters’ analysis of hot research topics
noted that of the ten most cited research papers of 2015,
three involved CRISPR. And gene-editing start-up
companies have popped up worldwide as a result of gigantic
financial investments. For example, in August 2015,
Google and other investors ploughed $120m into a
genome-editing enterprise, Editas Medicine, in Cambridge,
Massachusetts. A Nobel Prize must surely be in the
offing.
Incidentally, there is currently ‘a humungous biotech patent
dispute’ over who owns the intellectual property rights to
CRISPR-Cas9. The outcome of recent submissions to the
US Patent and Trademark Office could be worth millions to
the research institutions that are at war over the relevant
patents. Jennifer Doudna and Emmanuelle Charpentier
filed a patent application on 15 March 2013. But other
groups have since improved and applied the technique.
For instance, Feng Zhang of MIT filed a patent application
for the CRISPR–Cas9 technique in October 2013, which was
granted in April 2014. If CRISPR-Cas9 were to become a
licensed technology, the expected revenue could be
substantial. Meanwhile, the original
Doudna–Charpentier patent remains under review. The
claims and counter-claims continue.
However, note carefully that not all gene editing need be
bioethically disturbing. It may have enormous
potential to treat, or even cure, some genetic diseases in
adult human beings, where clearly it is not a form of
germline therapy. The first example of this sort of
bioethically-acceptable treatment has been that of
one-year-old Layla Richards, who in 2015 was dying from
leukaemia after all conventional treatments had
failed. Gene-edited immune cells, known as T-cells,
specifically engineered as UCART19 cells, were used to treat
her at Great Ormond Street Hospital. It is too early
to say if she is cured, but she is now alive and well.
Such gene-editing treatments are not the problem. The
dilemma comes when human embryos are subjected to gene
editing – that is germline therapy, embryo destructive and
highly controversial.
The Washington pow-wow
Is there any hope for a global consensus on gene-editing
regulation? From 1 to 3 December 2015, almost 500
scientists, bioethicists and legal experts from more than 20
countries gathered in Washington DC to consider this and
other related questions at the so-called International
Summit on Human Gene Editing: A Global Discussion.
It concluded that basic and pre-clinical gene-editing
research should be allowed – even in human gametes and
embryos, but that ‘the modified cells should not be used to
establish a pregnancy.’ It was also agreed that gene
editing could be used for clinical applications to treat
diseases in human non-germline cells that cannot be
inherited, such as blood and immune cells. However,
germline editing, either to remove inherited diseases and
stop them being passed onto future generations, or to
enhance human capabilities, was considered to be too
risky. It was decided that these agreements should be
‘revisited on a regular basis’ and an international forum
should be created. Can anyone seriously believe that
this is anything other than the recognition that a slippery
slope is real and threatening? But slopes stop nothing
– quite the opposite, they speed up descent. Only
tough laws, moral barriers and agreed moratoria can stop bad
practices.
Gene editing comes to Britain
Meanwhile, gene editing of the human embryo has come to
Britain. In September 2015, a team at the Francis
Crick Institute in London, headed by Kathy Niakan, applied
to the HFEA for a licence to use gene editing to shed light
on the early stages of life, reduce miscarriages and
potentially improve fertility treatments. Niakan
stated, 'We would really like to understand the genes needed
for a human embryo to develop successfully into a healthy
baby. The reason why it is so important is because
miscarriages and infertility are extremely common, but
they're not very well understood.’ This is an odd
proposal since the majority of embryonic implantation
failures and subsequent miscarriages are caused by
chromosomal abnormalities, not single gene defects as Niakan
wishes to study. But anything involving the
improvement of infertility – the essential so-called
‘therapeutic benefit’ – catches the ready ear of the popular
media. And many scientists have learned that a little
hype goes a long way towards obtaining regulatory approval –
remember those puffed-up, but eventually successful, calls
for human-admixed embryos and ‘three-parent’ IVF.
Using the CRISPR-Cas9 genome-editing technology, Niakan and
her team plan to run a pilot study in which the Oct4 gene
will be knocked out of human zygotes in order to assess its
role in the developing embryos. Next, they intend to
‘turn off’ up to four genes in human zygotes and establish
if they are crucial for the subsequent development of the
embryos. A total of about 120 embryos, donated as
‘spares’ from IVF, will be used and, after about 7 days,
will, of course, be destroyed. The HFEA met to
consider this application on 14 January 2016. A
decision was promised shortly. In another context, I
have already vowed to eat my hat if the HFEA refuses to
grant the licence.
Dr David King, the director of the campaign group Human
Genetics Alert, has said, ‘This is the first step on a path
that scientists have carefully mapped out towards the
legalisation of GM babies.’ Yet the level of
policymakers’ support for human gene editing can be gauged
from a recent speech by Professor Sir Mark Walpert, the
government’s Chief Scientific Adviser. He maintained
that the knowledge we will gain from human genetic editing –
along with the responsibly to prevent suffering from
life-threatening conditions – means that the UK should be
leading such discussions about embryo engineering.
And, no doubt, also the practice thereof.
And so it came to pass that on 1
February, the HFEA duly granted the aforementioned
licence. Somewhat strangely, nothing was
announced on the HFEA's website until 3 February. Yet
this is the first time any country has considered the
DNA-altering technique in human embryos and afterwards
approved it. Another first for the UK. The
experiments could start within a few months. Sadly, my
hat is preserved!
Assisted Reproductive Technologies
Battling
over frozen human embryos
This is not a new type of battle. Couples who use IVF
often produce ‘spare’ embryos. They are typically
frozen, the couple falls out or divorces and the ‘ownership’
of the embryos is disputed. Off to court the couple
goes.
There are hundreds of such stories – most never make the
news, but some do. Take, for instance, the recent case
of Jalesia McQueen and Justin Gadberry, a divorced Missouri
couple in a court battle over the frozen embryos left over
after the birth of their twins through IVF. Mr
Gadberry wants no more children with his ex-wife. She
cannot use the embryos without her former husband’s
consent. She has stated, ‘This is the thing that kills
me – having to fight to get my own children.’
Previously, most courts have treated embryos as marital
property, frequently favouring the party who plans not to
use the embryos, emphasizing a 'right' not to be forced to
procreate. In the Missouri case, pro-life groups have
now interceded on behalf of Jalesia McQueen. They have
argued that such cases should be decided according to the
best interests of the embryos, the same legal standard used
in child-custody disputes. They say that it is in an
embryo’s most fundamental interest to be born – ‘No other
right is of any avail if a human being is not around to
invoke it.’
All parties will undoubtedly be in and out of Missouri
courts in the coming months. It is noteworthy that it
was a Missouri court which produced the infamous judgement
in the 1857 Dred Scott case, namely that a slave was not a
citizen, but property. 159 years later, the Missouri
court system has another chance to right another
wrong. Are these embryos to be regarded as property,
or will they be presumed to be human beings?
A similar tangle, but in different circumstances, is the
much-publicized Californian case concerning two frozen
embryos the actress Sofía Vergara created with her
ex-fiancé, Nick Loeb. He regards the embryos as his
twin daughters and wants them transferred to a
surrogate. Ms Vergara’s request to dismiss the case
has recently been denied, but no trial date has been
set. IVF can be mighty troublesome.
Battling over IVF-surrogate babies
IVF and surrogacy can be doubly troublesome. Here is
yet another novel example of what can go wrong. In
December 2015, an Israeli gay couple collected their baby
daughter from an IVF-surrogate arrangement in Nepal.
On returning to Israel, genetic tests showed that she was
related to neither of the men. They went back to Nepal
to hand her over to a heterosexual couple.
Surrogacy is prohibited in Israel for gay couples and Nepal
has recently declared a moratorium on the practice.
The reporting of this particular sort of tangle may be new,
but how many other such mix-up cases exist? Hearsay
evidence suggests that it is not uncommon. But without
genetic testing, such cases will never be uncovered.
Incidentally, as well as Nepal, now India and Thailand have
banned international clients from using local surrogates.
Family dynamics after donor
insemination
As I’ve said/written before, ‘You could not make this stuff
up.’ In 2001, a girl was born as a result of donor
insemination. In 2005, her sister was similarly
conceived and born. Since their births, both girls
have been brought up by their biological mother and the
mother's lesbian partner. Seven years ago, their
biological father, who is in a civil partnership with
another man, petitioned the courts to have contact with his
daughters. A long-running legal battle ensued, which
the girls say has ruined their childhoods.
In October 2015, at the High Court in London, Mr Justice
Cobb ordered that the now 14 and 10-year-old girls have
‘indirect’ and ‘limited’ contact with their two ‘fathers’,
even though it is against the girls' wishes. The Judge
said, ‘I remain clearly of the view that the fathers have
something of real value and importance to add to the lives
of the girls.' He also added that the case illustrated
the 'immense difficulties' which could be 'unleashed' when
families were created by 'known-donor fertilisation'.
Surrogacy in Europe condemned
In December 2015, the European Parliament acted to condemn
all forms of surrogacy. It adopted the 'Annual Report
on Human Rights and Democracy in the World in 2014.'
The relevant wording is contained in Paragraph 114, namely,
that the European Parliament, ‘Condemns the practice of
surrogacy, which undermines the human dignity of the woman
since her body and its reproductive functions are used as a
commodity; considers that the practice of gestational
surrogacy which involves reproductive exploitation and use
of the human body for financial or other gain, in particular
in the case of vulnerable women in developing countries,
shall be prohibited and treated as a matter of urgency in
human rights instruments.’ Tough words indeed.
AneVivo and IVF
The privately-run Complete Fertility clinic in Southampton
is the first in the UK to offer a new form of IVF treatment,
the AneVivo device method. It is a tiny tubular
capsule that is loaded with sperm and ova before being
placed into the uterus. It is said that it allows
fertilisation to occur in the natural environment of the
womb rather than in a Petri dish in the laboratory.
The device has been approved by the HFEA even though it is
not known if it brings any benefits. International
trials in around 250 women suggested that it achieves a
similar pregnancy rate to conventional IVF. So why
would anyone use it when it costs around £700 a go?
Although AneVivo seeks to mimic natural fertilisation, any
resulting embryos still need to be removed from the device
and given a health check in the laboratory before being
transferred back into patients. The technique is
reminiscent of the old, and now largely-abandoned, method of
GIFT (gamete intra-fallopian transfer), whereby the gametes
were mixed and placed in the Fallopian tubes to allow normal
fertilisation to occur in utero. AneVivo necessitates
even more meddling.
Stem-Cell Technologies
Diabetes
and adult stem cells
Diabetes is now a major public health problem that is
approaching epidemic proportions with 400 million sufferers
worldwide, including 3.9 million in the UK. Moreover,
diabetes is the most common cause of end-stage kidney
disease – it kills around 40,000 people in the UK each year.
A novel treatment for high-risk patients is based on
injecting a product called ORBCELL-M, which is derived from
mesenchymal stem cells (MSCs) grown from donated bone
marrow. NHS Blood and Transplant has set up a
stem-cell factory in Liverpool to supply this product to be
used in a clinical trial with 48 type-2 diabetic patients in
Birmingham, Belfast, Ireland and Italy. It is part of
the NEPHSTROM (Novel Stromal Cell Therapy for Diabetic
Kidney Disease) project. Though not a cure, it is
hoped that this therapy will reduce kidney inflammation and
damage, improve renal function and remove the need for
dialysis. It is thought that the transplanted
stem-cell material releases soluble compounds, such as
growth factors and immunomodulatory substances, which
contribute to tissue repair and regeneration.
And more good news for kidney
patients
In October 2015, Nature published a paper (526:
564-568) by Minoru Takasato and colleagues entitled,
‘Kidney organoids from human iPS cells contain multiple
lineages and model human nephrogenesis.’ The human
kidney is composed of at least 20 different cell types that
perform functions such as excretion, pH regulation, as well
as electrolyte and fluid balance.
This Australian group had previously reprogrammed induced
pluripotent stem cells (iPSCs) to produce functional kidney
organoids. In their latest paper, building on this
knowledge, they ‘... generated kidney organoids that contain
nephrons associated with a collecting duct network
surrounded by renal interstitium and endothelial
cells. Within these organoids, individual nephrons
segment into distal and proximal tubules, early loops of
Henle, and glomeruli containing podocytes elaborating foot
processes and undergoing vascularization.’ In other
words, their organoids were physically and functionally like
human foetal kidneys. The authors concluded that,
‘Such kidney organoids represent powerful models of the
human organ for future applications, including
nephrotoxicity screening, disease modelling and as a source
of cells for therapy.’ How long will it be before
kidney transplants are a thing of the past?
Are iPSC and hESC similar?
Herein is a long-running argument – are human induced
pluripotent stem cells (hiPSCs) and human embryonic stem
cells (hESCs) functionally equivalent? Certainly they
are not bioethically equivalent since the latter can only be
sourced by the destruction of human embryos.
The October issue of Nature Biotechnology published
(33: 1173-1181) new evidence from researchers at the
Harvard Stem Cell Institute (HSCI) that some iPSCs do indeed
function just like the embryonic variety. The article
by Konrad Hochedlinger and his colleagues was entitled, ‘A
comparison of genetically matched cell lines reveals the
equivalence of human iPSCs and ESCs.’
To make a valid comparison the Harvard group started with
genetically identical cells – any functional variations seen
would then be due to the reprogramming of the iPSCs.
So they tricked hESCs to become skin cells and then
reprogrammed the latter into iPSCs. Both cell types
were then genetically sequenced. The group found only
about 50 of the 20,000 genes that make up the human genome
were expressed differently. These minor differences
were regarded as ‘transcriptional noise’. In other
words, iPSCs and hESCs were considered to be genetically
equivalent.
The researchers then assessed the two types of stem cells
for function. They were found to have equal potential
to differentiate into neural cells and a variety of other
specialised cells. The researchers concluded that,
‘hESCs and hiPSCs are molecularly and functionally
equivalent and cannot be distinguished by a consistent gene
expression signature.’ Though Hochedlinger still
maintains that hESCs are an important ‘reference point’, he
also admitted that, ‘... this study increases the "value" of
iPS cells.’ Indeed, it increases their suitability for
clinical applications.
And even more evidence
In January 2016, Victoria Mascetti and Roger Pedersen
published an article with the title, ‘Mouse Chimerism
Validates Human Stem Cell Pluripotency’ in Cell Stem
Cell, (18: 67–72). Their basic question
was, can human iPSCs be incorporated into embryos and then
participate in normal embryonic development? The
answer is yes, at least, in mouse embryos. The iPSCs
differentiated into the three primary tissue layers of the
embryo, namely, ectoderm, endoderm and mesoderm.
According to the authors, ‘This faithful recapitulation of
tissue-specific fate post-transplantation underscores the
functional potential of hiPSCs …’ Come on,
bioethically-acceptable iPSCs!
Euthanasia and Assisted Suicide
Assisted suicide law in New Jersey
After California comes New Jersey. Assisted suicide
legalisation is spreading from the West to the East coast
of the USA. The New Jersey legislature is now
considering a physician-assisted suicide bill in a bid to
launch the New Jersey Aid in Dying for the Terminally Ill
Act (Senate Bill 382). It would allow terminally-ill
patients to request life-ending medication. A 2015
poll showed that nearly two-thirds (63%) of New Jersey
residents support giving this entitlement to its
terminally-ill patients.
The Bill is badly drafted. It would not require, in
most cases, a psychological examination of the patient
before receiving approval for assisted suicide. It
would force pharmacists to supply the lethal
prescription. There would be no investigation
process to ensure that the patient actually wants to
commit suicide. And anyone who works for the
patient’s medical insurance company could act as both of
the required witnesses. It is a shabby Bill for a
shabby procedure.
Is Belgium backtracking?
Is the great Belgian euthanasia machine slowing down, at
least, ideologically? The question arose in 2014,
when the serial rapist and murderer, Frank Den Bleeken,
who is serving a life sentence, asked to be
euthanized. At first, the government agreed to grant
his request, then it refused. Instead it placed him
in a specialised psychiatric unit.
Now 15 other Belgian prisoners have asked for euthanasia
on the grounds that they too experience unbearable
psychological suffering. In November 2015, Dr Wim
Distelmans, Belgium’s own ‘Dr Death’ and the chairman of
the country’s euthanasia commission, declared them
ineligible. He stated that, ‘The unbearable
suffering that these prisoners describe is due in large
part to the context (that is, prison) and is not the
result of an incurable disease. We have advised the
interested parties that they are not within the framework
and conditions provided by law.’
Of course, the great Belgian euthanasia machine is not
slowing down numerically. In Belgium during 2015,
there were 2,021 reported deaths by euthanasia, up from
1,924 during 2014.
Euthanasia in Canada
In February 2015, the Canadian Supreme Court declared that
denying patients access to assisted suicide and voluntary
euthanasia is a violation of their human rights. The
federal, provincial and territory governments of Canada
were given a year – that is, until 6 February 2016 – to
pass legislation consistent with this decision.
The required changes to Canada’s legal system and medical
practice are massive and unprecedented. The federal
government has requested a six-month extension to ensure
‘a thoughtful, sensitive and well-informed response’ to
the Supreme Court’s ruling, but has been given just four
months to comply, that is, until 6 June. If, and
when, the necessary legislation is in place, Canada will
have most advanced euthanasia laws in the world – more
liberal and progressive than either the Netherlands or
Belgium. And Justin Trudeau’s landslide victory in
October as Prime Minister-Designate will not help any of
the causes dear to pro-life advocates. The man has
an appalling record on these issues, including calls for
unlimited abortion up to birth.
Some Canadians have already jumped the gun. By
mid-January 2016, news came of the first case of legal
voluntary euthanasia ever carried out by a doctor in North
America. A terminally-ill patient’s life was ended
when a physician gave a lethal dose at a Quebec City
hospital. No further details about the case have
been released. And apparently two other such cases
occurred during January in the Montreal area.
Assisted suicide in Germany
On 6 November 2015, the German Bundestag passed a law
which permits assisted suicide for ‘altruistic’ but not
for ‘business’ motives. The voting was 360 vs.
233. However, Germany has not legalised full-blown
euthanasia.
The new law is similar to that of Switzerland, but the
‘altruistic’-‘business’ distinction is seen as an attempt
not to replicate the setting up of commercial
organisations like the Swiss suicide 'clinics', such as
Dignitas.
It is anticipated that this new legislation will be
appealed at the Constitutional Court by both
anti-euthanasia campaigners and by German
‘assisted-suicide associations’. It seems as though
this German law is so badly drafted that it pleases no
one. Moreover, it appears to be riddled with
dangerous loopholes.
Deep sedation in France
On 27 January, the French Parliament approved new
end-of-life legislation creating a new ‘right’ for
terminally-ill or gravely-ill patients to obtain ‘deep,
continuous sedation altering consciousness until death’,
on demand. Both the National Assembly and the Senate
voted for the same text. Although this new,
so-called Claeys-Leonetti law is said officially to stop
short of euthanasia and assisted suicide, it is
sufficiently ambiguous to be regarded as a perilous step
towards euthanasia. And because it is ‘on demand’,
doctors will be under an obligation to deliver death –
this is even more extreme than the current Dutch and
Belgian end-of-life laws.
The Dutch euthanasia ‘peaceful
pill’
The leading right-to-die organisation in Holland, the
Dutch Association for a Voluntary End of Life (NVVE), is
seeking talks with the Dutch Medical Association (KNMG)
for approval of a ‘peaceful pill’, which would allow its
members to kill themselves without the help of a doctor.
What a unnerving example this is of the bioethical
slippery slope, denied by so many euthanasia
proponents. These very people are complaining to the
media that such a pill is already being bought and used
illegally, and on a vast scale. Therefore what the
Netherlands needs, they say, is legislation to regulate
the pill’s supply and to guard against abuse.
NVVE director Robert Schurink has stated, ‘We see that
society wants such a pill, particularly among the
baby-boomer generation which is not afraid to speak its
mind. They want control over the end of their
lives.’ Apparently the details of the proposed plan
have yet to be worked out with the Ministry of Health, the
Ministry of Security and Justice and the KNMG.
Incidentally, the 2014 figures show that there were 5,306
cases of euthanasia in the Netherlands. The figure
for 2013 was 4,829.
More care, less pathway
In 2013, the UK's Department of Health called for the
abolition of the Liverpool Care Pathway (LCP). This
move had been prompted by an independent review, chaired
by Baroness Julia Neuberger. It showed that the LCP
had often been misused and misinterpreted as a tick-box
exercise. The review recommended individualised care
plans and better staff training in end-of-life care.
Care of dying people should be tailored to their
individual needs and wishes, rather than being protocol
driven.
In December 2015, the National Institute for Health and
Care Excellence (NICE) published its updated guidelines
entitled, ‘Care of Dying Adults in the Last Days of
Life.' NICE stated that its five recommendations are
on:
1] recognising when people are
entering the last few days of life
2] communicating and shared
decision-making
3] clinically assisted hydration
4] medicines for managing pain,
breathlessness, nausea and vomiting, anxiety, delirium,
agitation, and noisy respiratory secretions
5] anticipatory prescribing.
On 16 December 2015, an article in the British Medical
Journal summarised these NICE recommendations as
imposing three new duties upon medical professionals,
namely:
1] Seek support from more
experienced staff, including those in palliative care
services, if you are unclear about any aspect of care of
the dying adult, including the recognition of dying and
symptom management.
2] Assess for and treat any
reversible causes of distressing symptoms or signs in
people in the last few days of life – for example,
uncontrolled pain or dehydration causing agitation.
3] Regularly review the care plan
(usually daily), discuss any changes with the dying person
and those important to the person; make clear
documentation in the medical notes.
This all sounds eminently sensible. However,
whatever schemes, structures and systems are recommended,
the quality of end-of-life care depends upon the
dedication and intention of nurses, doctors and
carers. Every society may be judged by how it treats
its most vulnerable citizens. Proper, compassionate
end-of-life care upholds the dignity of every life.
We hope that the dying will now receive even better
support.
Access to Palliative Care Bill
[HL] 2015-2016
On 2 February 2016, Baroness Finlay’s excellent private
member’s Bill entered its Committee Stage in the House of
Lords – this is a line-by-line examination of the
Bill. There is, as yet, no date set for its Report
Stage.
Mr Philip Nitschke
In November 2015, the attention-seeking Australian
euthanasia campaigner, Dr Philip Nitschke, burned his
medical practising certificate, so ending his 25-year
medical career. However, now plain Mr Philip
Nitschke has pledged to continue advising terminally-ill
patients about how to commit their own suicides.
Nitschke has enjoyed years of confronting the authorities
over the activities of his pro-euthanasia organisation,
Exit, and over his worldwide lectures and
demonstrations. His comeuppance came after he
allegedly counselled a 45-year-old man, Nigel Brayley, to
take his own life. An emergency meeting of the
South Australian Medical Board of Australia in July 2014
suspended Nitschke’s medical registration. He
appealed. In October 2015, the Board imposed 25
conditions for his return to practise. Nitschke said
these stipulations were too onerous and violated his free
speech. His many years of doctoring then went up in
flames.
Death as a bureaucrat
On learning of his country’s Supreme Court’s decision to
legalise euthanasia, the Canadian journalist, Joseph Brean
wrote a perceptive and far-sighted article in the 4
December edition of The National Post. The
following is an extract:
‘But sooner or later, death will become a civil
servant. He will operate in the open, during
business hours, with a budget and a boss. His work
will be humanized and bureaucratized. Death will be
licensed, regulated and empowered by law to solve a public
policy problem – the unacceptability to certain people of
certain types of dying. This marks a major shift in
the meaning of death, from ineffable human destiny to
legislated human right. This redefinition of death
as a medical treatment is tricky.’
USA and Elsewhere
The Planned Parenthood saga
The Planned Parenthood Federation of America saga started
in July 2015, when the Center for Medical Progress (CMP)
released undercover films of its officials evidently
offering to sell tissue samples from aborted
foetuses. The series of 11 videos went viral on
YouTube, their authenticity was challenged, questions were
asked on Capitol Hill, legal battles were started, truths
and lies were traded – it became acrimonious.
Planned Parenthood was pushed onto the back foot.
For example, on 23 December 2015, the Obama Administration
refused the numerous demands by politicians and others to
investigate Planned Parenthood’s activities. On 4
January 2016, Planned Parenthood revealed that it had
performed 323,999 abortions and received $553.7 million
from US taxpayers during the 2014-2015 fiscal year.
On 6 January, Congress voted in a bill, 240 vs. 181, to
remove most of Planned Parenthood's federal funding.
On 8 January, President Obama vetoed that bill. On
14 January, Planned Parenthood filed a lawsuit against the
CMP accusing the group of violating numerous state and
federal laws. On 25 January, a Texas grand jury
cleared Planned Parenthood of any wrongdoing and instead
bizarrely indicted David Daleiden, the founder of CMP, and
his associate, Sandra Merritt on two charges of tampering
with government property and falsely offering to purchase
human organs. If found guilty, they face a maximum
of 20 years' imprisonment. This saga is far from
over.
Arkansas, North Dakota and Ohio
at the Supreme Court
In February 2013, the state of Arkansas passed its Human
Heartbeat Protection Act and enacted it the following
November. This required an abortionist to perform an
ultrasound before an abortion, and forbade abortion if a
foetal heartbeat could be detected, effectively about 6
weeks into a pregnancy. In March 2014, the Act was
struck down by a federal judge because it, ‘...
impermissibly infringes a woman's Fourteenth Amendment
right to elect to terminate a pregnancy.’ After
numerous legal challenges and counter-challenges, on 19
January 2016, the US Supreme Court ruled that it would not
hear an appeal that could reinstate the Arkansas law.
At the end of January, news came that the US Supreme Court
was also blocking North Dakota’s Heartbeat Bill, which
would prohibit an abortion once a foetal heartbeat could
be detected. That move will probably also end a
similar proposal from Ohio.
Texas at the Supreme Court
After several lower court decisions and appeals, the US
Supreme Court decided, on 13 November 2015, to weigh-in on
the wrangling over the Texas abortion regulation
law. It will be the first major abortion case to be
heard since 2007, when the Court ruled in Gonzales vs.
Carhart, upholding the constitutionality of the
partial-birth abortion ban. Already this upcoming
event has been called ‘the abortion legal battle of the
decade’. The case will certainly have far-reaching
and long-lasting consequences for millions of women’s
health across several states with similar laws, including
Pennsylvania, Michigan, Missouri and Virginia.
The Texas abortion regulations were passed by the Texas
State Legislature in the summer of 2013 and signed into
law by the then Governor, Rick Perry. The law has
two requirements. First, all abortion clinics must
comply with the basic health and safety standards set for
an ambulatory surgical centre, including buildings,
equipment and staffing. Second, abortionists must
have admitting privileges to a hospital within 30 miles in
case any life-threatening complications arise.
Without such compliance, the health of mothers and their
unborn children is judged to be at risk. Abortion
providers have countered by saying that the regulations
are expensive, unnecessary and intended to put many of
them out of business. The regulations have already
caused the closure of about half of the 41 Texan abortion
clinics – 13 closed in one day. There is
considerable speculation that the Supreme Court will rule
against the Texas law – but who knows? No date has
been set for the hearing, but a decision is expected in
June.
Abortion declines in the USA
At the end of 2015, Operation Rescue, a leading US
pro-life organisation, announced that the number of
abortion clinics in the USA was continuing to
decline. This is a trend that began in 1991.
In 2015, 53 abortion clinics shut down or halted all
abortion services. Currently, there are 517 clinics
offering surgical abortions and 213 offering medical
abortions – these are the lowest numbers for decades.
Also recently, the US government agency, the Centers for
Disease Control and Prevention announced that the number
of abortions performed during 2012 dropped by 4%. In
total, about 699,000 abortions were reported to the
federal government that year, which is 31,000 fewer than
the year before.
The abortion rate has also declined. In 2012, it
fell by 5% to 13 abortions per 1,000 women of
child-bearing age. That is about half the rate of
1974, the year after the landmark Supreme Court decision
that established a nationwide right to abortion in the
case of Roe vs. Wade.
This is all further evidence that the US population is
slowly turning against abortion. In addition, a new
Marist poll, published in January 2016, found that 81% of
Americans would limit abortion to the first trimester of
pregnancy. This includes 66% of those who call
themselves pro-choice.
The Supreme Court and Obamacare
Yes, this story is still rolling on, ever since the
Affordable Care Act was passed in 2010.
In November, the Supreme Court announced that it will
decide cases brought by seven more complainants concerning
whether the Obama Administration can force these employers
to violate their religious beliefs and insist that they
provide abortion-inducing drugs, sterilization, and
post-fertilisation contraceptives to all their female
employees. In late March 2016, the Court will
adjudicate for various Roman Catholic and Protestant
plaintiffs, including the Little Sisters of the Poor,
Priests for Life, East Texas Baptist University, Southern
Nazarene University and Geneva College.
Poland defunds IVF
In late October of 2015, the Polish people elected a new
government headed by the Law and Justice Party. It
has started to flex its conservative credentials by
announcing that next year it will cancel government
funding for the previous regime’s IVF programme – this
move should save about £50m of taxpayers’ money over the
following three years.
Poland has a very low birth rate. The new health
minister, Konstanty Radziwill, has told a parliamentary
committee that the government wants to address the issue
of procreation with a broader programme.
Poland and the United Nations
The United Nation’s Committee on the Rights of the Child
published, on 30 October 2015, a 17-page document targeted
at Poland. The Committee was concerned that,
‘Official data and research on the prevalence of illegal
and unsafe abortions is lacking.’ And that, ‘The
strict legal requirements for abortion and the lack of a
clear procedure for conducting legal abortions under
current legislation, together with social stigma, hinder
girls’ access to legal abortion.’ Furthermore, ‘…
the Committee recommended that the State party: ‘… amend
the 1993 Act on family planning, protection of the human
foetus and conditions for legal abortion to make the
conditions for abortion less restrictive and, in relation
to adolescent girls.’ And ‘Establish clear standards
for a uniform and non-restrictive interpretation of the
conditions for legal abortion …’ I wonder what the
new Polish government thinks about that!
US presidential election
On Tuesday 8 November this year, the people of the USA
will go to the polls to elect a new president.
Abortion, and other bioethical issues, will play a part in
campaigning and voting decisions. At this stage of
the circus, only a fool would attempt to predict the
winner. So I will refrain too, except to say that
the new incumbent will be a man, or a woman.