So which is the more important right for the judiciary to uphold if a choice must be made?
Well, in Canada, it seems a befuddled judge thinks a constitutional right to ‘practice’ one’s culture supersedes the state’s right to protect a citizen’s life from a parent’s belief in the efficacy derived from exercising Oogity Boogity rather than evidence-adduced efficacious medicine.
In a recent court decision: a Ontario judge said,
I cannot find that J.J. is a child in need of protection when her substitute decision-maker has chosen to exercise her constitutionally protected right to pursue their traditional medicine over the Applicant’s stated course of treatment of chemotherapy.
Right, because efficacious medical treatment is apparently and magically a cultural expression all of a sudden… and a substitute medical decision maker can now legitimately pick which one to apply to (what, suddenly cultural?) disease processes and still be consider a responsible adult (and not simply bat-shit crazy with belief in woo) in the eyes of the law.
The local health team who had begun real medical treatment of a treatable disease process had asked the local Children’s Aid Society to take guardianship over the child (a practice often done when the parents of an ill child deny simple blood transfusions on the basis of contrary religious belief) when the mother of the child insisted that her aboriginal rights to do whatever she wanted to do to the child trumped any rights the child had to efficacious medical treatment. The judge agreed, saying these beliefs of the mother’s were “integral” to the family’s way of life, so the ruling was to allow her to choose traditional medicine for her daughter.
In this sense, the right to impose ‘traditional medicine’ on a dependent child over and above real medicine (with an efficacy of over 90%) means death. And this is what the court is trying to tell us is a ‘constitutional’ right.
Culture does not trump civil rights, and the most fundamental civil right any of us has is the right not to be killed to suit the faith-based ignorant and harmful beliefs of a parent who wishes to impose it on their dependents. This is already well established jurisprudence and this judge missed the point entirely… so busy trying to be ‘tolerant’ and ‘politically correct’ and ‘culturally sensitive’ as to elevate cultural beliefs to be superior to fundamental civil rights.
This is a really bad court decision in general that sets a terrible precedence that will be abused under the guise of ‘cultural expressions’ and particularly for the girl involved. In her case, this decision is a death sentence.