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.
Bullshit.
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.
Why is understanding plausibility so important to how we inform our beliefs?
If evidence for a direct connection between a cause and its effect can be established, then we have a highly plausible explanation upon which we can depend for consistent results.
If we have evidence for an consistent effect from some cause but do not understand the generating mechanism, then we have neutral plausibility for an explanatory hypothesis.
If we have evidence for an inconsistent effect from some perceived cause and suggest an explanatory hypothesis that violates the basic laws of science, then our explanatory hypothesis is implausible.
As Steve Novella writes over at Science-Based Medicine regarding homeopathic treatments that claim to provide efficacy to improve ‘life energy’,
How we inform our beliefs using the plausibility standard is important and depends entirely on the quality of the explanations we rely on to do so, whether they are about specific ideas in medicine or religion or politics or about more general policies and procedures. If our explanations are plausible, then our beliefs are plausible. If our explanations are implausible, then our beliefs are implausible. If we are considering to act on our beliefs, then we need to first undertake due diligence and establish how plausible they really are.
If the beliefs are implausible, then we know they are poorly informed and, as such, are unjustified. Acting on unjustified beliefs in our personal and private domain is our prerogative. We have the freedom to do so because the founding documents and charters and bills of our liberal secular democracies provide us with the necessary legal framework and state-sanctioned power to protect these equal freedoms. But providing what’s necessary isn’t nearly enough. We must also do our part as individuals to maintain our own equal freedoms.
In stark contrast to the freedom we have to exercise our beliefs in the private domain, acting on our implausible beliefs in the public domain is wrong and richly deserving of sustained legitimate criticism. Whenever we come across those who wish promote unjustified beliefs as if they were informed and plausible when they are neither in the public domain using public offices, we must hold them to account for their abuse of their office’s public power that allows them to cross that important boundary between the what is allowable in the private but forbidden in the public.
Our task is to maintain sustained criticism towards those who abuse public office in this way – whether they abuse the office’s power to support implausible medical therapies, implausible religious truth claims, implausible political solutions, and so on. We must insist that only informed beliefs that are plausible be made into public policies and procedures. Our collective failure to participate in our civic duty in this matter is a failure to be responsible to no only ourselves but to our fellow citizens, which has a cumulative effect of reducing our equal common rights and freedoms. We harm the very fabric of our equal rights and freedoms under a liberal secular democracy when we allow the abuse of public office to promote implausible beliefs. We allow it to continue when we choose to remain silent about this abuse. Even more damning to our equal individual freedoms is our active support of candidates and office holders who are willing to promote our favoured implausible beliefs… again, whether those implausible beliefs are about complimentary and alternative medicines, favoured religious beliefs, political strategies, and so on. This kind of willing support to the implausible is both unpatriotic and seditious no matter how great may be the popularity of these candidates and their platforms.
The standard of plausibility is a very important concept to inform public policies – useful to each of us to determine our level of support for these public policies and procedures – although we have the freedom (and luxury) to pay it scant attention in our private lives… for now. What is essential, however, is to understand why plausibility matters so much.