Would you kill baby Hitler?

Would you kill baby Hitler?
Opinion + AnalysisPolitics + Human RightsRelationships
BY Matthew Beard The Ethics Centre 1 NOV 2015
The New York Times Magazine polled its readers. “If you could go back and kill Hitler as a baby, would you do it?” 42% of people said yes.
Why they decided to ask the question is a mystery, but it sparked a meme that’s been bouncing around the internet ever since. The meme reached its zenith when Huffington Post asked Jeb Bush whether he would do the deed.
“Hell yeah, I would,” he declared. “You gotta step up, man.” Bush acknowledged the inherent fragility of time travel – as explored by scholars Marty McFly and Doc Brown, but ultimately conceded, “I’d do it. I mean, Hitler…”
Before you saddle up behind Jeb on the time travel express to Hitler’s nursery, here are a few things to consider.
Baby Hitler is innocent
Most ethical justifications for killing start with the presumption that people don’t deserve to be killed unless they’ve done something to forfeit their right to life. Depending on who you speak to, this might include being involved in an attack against somebody else, being in the military or even trafficking drugs.
Unless baby Hitler is running a Walter White-esque meth operation out of his preschool, he’s done nothing to forfeit his right to life.
Until he does – say, by orchestrating genocide – Hitler retains it. Killing him as a baby would therefore be wrong.
Acts of evil have personal costs
Knowingly doing the wrong thing – like killing an innocent baby – carries a personal cost. When we transgress against deep moral beliefs we can experience debilitating guilt, shame, anxiety and depression. Such actions can even come to define us permanently.
Some academics are now using the term ‘moral injury’ to describe the personal costs of acting against our moral beliefs. “Don’t kill innocent children” is arguably the most deeply held moral belief any of us have. Violating that norm comes at a severe price.
“Don’t kill innocent children” is arguably the most deeply-held moral belief any of us have. Violating that norm comes at a severe price.
Doing something wrong for the greater good doesn’t always work
German philosopher Immanuel Kant rejected the idea that ethics was just about “the greatest good for the greatest number” (a view known as consequentialism). Instead he argued that ethics was about doing what you are duty-bound to do – such as tell the truth and don’t kill.
He once considered the question of whether you could lie to save someone’s life. A murderer asks you for the location of a certain baby because he wants to murder him. Can you lie to save the baby’s life? Kant argued that you couldn’t – because you can’t guarantee that your lie will save the baby.
If you send the murderer to the bowling alley knowing the baby is upstairs, who’s to say the babysitter hasn’t taken the baby to the bowling alley without your knowledge? Suddenly you’ve told a lie and the baby is still dead, so you’ve made the situation worse overall.
In the case of Hitler, you would need to be certain his death would prevent the rise of Nazism and the Holocaust. If – as many historians contend – the rise of Nazism was a product of a range of social factors in Germany at the time, then killing a baby isn’t going to reverse those social factors. Butchering the babe might even allow for the rise of another power – equal to or worse than Hitler.
And you’ve still killed a baby.
Killing isn’t necessary
Some people argue that killing the innocent might be justified when it is the lesser evil. But even in that case it has to be absolutely necessary. If time travel is possible, it seems unlikely to be necessary to kill baby Hitler as opposed to, say, kidnapping him, adopting him out to a Jewish family or offering him a scholarship to the Vienna School of Fine Arts.
If time travel is possible, it seems unlikely to be necessary to kill baby Hitler.
Human lives are of immense, perhaps even infinite value. To take one – especially an innocent one – when it isn’t absolutely necessary is a serious ethical issue.
Dangerous precedent
Where do we draw the line? Once we’re done with Hitler which baby is on the block next? Pol Pot? Stalin? The guy who spoiled the end of Harry Potter and the Order of the Phoenix for me in high school? We would require a set of consistent, universal ethical principles by which to determine which babies deserve death and which don’t.
Giving baby Hitler all of our murderous attention betrays our cognitive and personal bias – surely there are other worthy candidates? How many lives must a person take before their infant self is a legitimate target for killing? What standard will be applied?
For me, I wouldn’t do it. I mean, just look at baby Adolf…
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Matt is a moral philosopher with a background in applied and military ethics. In 2016, Matt won the Australasian Association of Philosophy prize for media engagement. Formerly a fellow at The Ethics Centre, Matt is currently host on ABC’s Short & Curly podcast and the Vincent Fairfax Fellowship Program Director.
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Greer has the right to speak, but she also has something worth listening to

Greer has the right to speak, but she also has something worth listening to
Opinion + AnalysisRelationshipsSociety + Culture
BY Aoife Assumpta Hart The Ethics Centre 30 OCT 2015
Early on in my transition I was physically assaulted whilst boarding a bus. My back had been turned, my hands occupied with digging in my purse for a ticket when a solid fist struck me from the side – a sucker punch.
He yelled “TRANNY!” and trotted away at a mild gait, unhindered by any witnesses.
This thug’s annoyance resulted from me having just declined his offer of a nugget of crack cocaine in exchange for an alleyway blowjob. Since I was a transwoman waiting for public transit, I was clearly available to be propositioned for sex.
I know one thing for certain as I look back on that incident. This vicious bloke had never read Simone de Beauvoir. He had never read Germaine Greer.
And yet according to students from Cardiff University, Germaine Greer is somehow responsible for me getting smacked on the skull because of her views about transgender issues. What are these violent ideas? In her own words:
I don’t think that post-operative transgender men – M to F transgender people – are women . . . I’m not saying that people should not be allowed to go through that procedure, what I’m saying is it doesn’t make them a woman.
A petition written by Cardiff University Students’ Union’s women’s officer reads:
Such attitudes contribute to the high levels of stigma, hatred and violence towards trans people – particularly trans women – both in the UK and across the world.
So, an academic lecturing in Wales who understands “woman” to mean “an adult human female” is complicit in the murder of trans women (often poor and of a racial minority) by savage men (almost always by men)?
Let’s be honest about liberals and their armchair activism. Slagging off older women on Twitter or from the ivory tower is a hell of a lot easier than confronting actual male violence.
Greer, following feminists such as Simone de Beauvoir, assesses that male and female sexuation is not a myth or a personal feeling, but material states of embodiment within ethical circumstances. She rejects a world in which a bepenised Caitlyn Jenner is dubbed Woman of the Year without having actually lived as a woman for an entire year. Greer denies feeling you are actually female inside is enough to define you as female.
Greer denies feeling you are actually female inside is enough to define you as female.
I signed a petition in support of Germaine Greer because I support her right to speak. As an academic I’m not afraid of lively and vigorous argument. As a transsexual I’m tired of my experience being erased in service to genderism. As a human person I would like a world without gender where we’re free to express ourselves regardless of sex.
Trans activists tell us “gender is not sex” like a mantra bereft of enlightenment. Well, what is gender? They never answer. Where did it come from? They never answer.
Sexual difference is the reality of how mammals reproduce. Gender is a socially constructed hierarchy of sex-based norms imposed onto bodies. Feminism contends that the specific reproductive capacities of female persons are exploited and dominated by male power, with gender as a mechanism of control.
Transgenderism, however, disavows that biological sex is an actual, real category people can fall into. Instead, trans activists adhere to the claim that being male or female is a matter of arbitrary opinion. A male must really be female if ‘she’ possesses a subjectively-identifiable cache of feminine personality traits. By her own command, she was always female, will always be female because thinking makes it so.
Greer rejects gender identity as a coherent essence. Attentive to the practical circumstances of sexuality and power, Greer defines woman as the female sex, and this by definition is exclusive of males – no matter how arbitrarily feminine their inner disposition might be.
To claim males who express “feminine” preferences must actually be female inside is to try to turn ideology into reality.
By defining sex as a materially determined fact and not imaginary assignment, Greer states an anthropological truth. You may not fancy her tact but objecting to her tone is not sufficient to overcome the feminist analysis of gender that Greer advances.
Gender is a synthetic ideology imposed on sex. To claim males who express “feminine” preferences must actually be female inside is to try to turn ideology into reality. And it is to do so on the basis of sex-based stereotypes.
Because these views can appear harsh, troubling, and oppositional to the worldview of many trans sympathisers, Greer’s opponents turn to the most regressive, chauvinistic tactic – aggressively enforcing silence. Rather than providing cogent arguments concerning gender identity, trans activists choose the tactic of no platforming.
Why are people afraid of Greer? Because she is a woman saying no to gender.
Read a different take on trans women and Germaine Greer here, by Helen Boyd.
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There’s no good reason to keep women off the front lines

There’s no good reason to keep women off the front lines
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BY Nikki Coleman The Ethics Centre 14 OCT 2015
The US. military may finally be coming around on the question of women on the front lines.
In a confidential briefing on September 30, military leaders presented their recommendations on having women on the front lines to the House Armed Services Subcommittee on Military Personnel, and Defense Secretary Ashton Carter.
In the 1940s, the US military faced similar debates regarding black service personnel. Arguments regarding unit cohesion and operational capability were the most prominent against integration of white and black personnel. With the power of hindsight, we can see those arguments for what they were – scare tactics intended to keep the military segregated.
The same arguments have returned today. At the command of Secretary Panetta, the US Army underwent a two-year study to develop gender-neutral standards for specialist roles currently closed to women. The success of this standardised approach was demonstrated recently when two women graduated from the Army Ranger School.
There have been vocal critics of allowing women to attempt the Army Ranger School course. Some claim the standards were lowered for these women. This was denied by the Army at the Ranger School graduation ceremony. It was rebuked again by the Chief of Army Public Affairs who described the allegations as “pure fiction”.
These allegations are unlikely to settle down any time soon. A Congressman has requested service records of the women who graduated to investigate “serious allegations” of bias and the lowering of standards by Ranger School instructors.
This incident reveals the depth of scepticism regarding women’s ability to serve alongside men within some quarters. The standardised approach has dismissed the issue of operational capacity – the other arguments against female service are equally weak.
The potential for women to be captured and raped has been raised by opponents of women serving in combat units. This discussion ignores the sad reality – women in defence are much more likely to be sexually assaulted by their own troops than by the enemy. The 2013 Department of Defense report into sexual assault found that while women make up 14.5% of the US military, they make up 86% of sexual assault victims.
Women in defence are much more likely to be sexually assaulted by their own troops than by the enemy.
Of the 301 reports of sexual assault in combat zones in 2013 to the Department of Defence, only 12 were by foreign military personnel. The vast majority of sexual abuse victims in combat areas were abused by their own comrades, not the enemy.
Sexual abuse in the military has been a problem for decades. Why would it increase if we allowed women in combat? Rape of captured soldiers has also not been limited to women. Many men have also been sexually assaulted on capture. Sexual assault in this sphere is not about sexual desire or gratification – it’s about power and denigration of your enemy.
The second argument suggests women in combat units will affect unit cohesion. First, “the boys” won’t be able to be themselves. And second, if a woman is injured in battle men will be unable to focus on the mission and instead will be driven to protect their female colleagues.
The first argument raises a question about military culture. Why is behaviour considered inappropriate around women tolerated at all? The second argument is insulting to currently serving soldiers, whose professionalism and commitment to the mission is questioned.
To suggest soldiers would ignore the mission in favour of some other goal undervalues the extent of their military professionalism.
Soldiers overcome a range of powerful instincts in a firefight – including protecting their own lives. To suggest soldiers would ignore the mission in favour of some other goal undervalues the extent of their military professionalism.
There is also an elephant in the room. Women have been serving in combat roles for years – as pilots, on ships, as interpreters and in female engagement teams. For these women a decision regarding the position of women in combat is irrelevant – they are already on the front lines.
The Australian situation sits in stark contrast to that of the US. Gay and lesbian members have served openly for a decade, women have been fully integrated into combat units since 2013, and the Australian Defence Force now actively recruits transgender personnel.
Australia has been able to integrate women, gay, lesbian and transgender soldiers into combat units without affecting operational capability.
Hopefully the US Defense Secretary will follow the advice of his Chiefs of Staff and the leadership of the ADF. He should allow military personnel to serve in all roles in the military according to universal standards rather than chromosomes or genitalia.
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Banning euthanasia is an attack on human dignity

Banning euthanasia is an attack on human dignity
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BY Chris Fotinopoulos The Ethics Centre 7 OCT 2015
Australia’s persistent anti-euthanasia stance is unfair, cruel and insensitive. It provides limited means to adults of sound mind to die on their own terms.
The current law on euthanasia restricts control and choice for certain terminally ill patients. It does so by denying them access to death-enabling drugs, information on how to administer them and appropriate medical support – including a physician’s assistance when needed.
The law compels certain individuals to die in ways they abhor and cannot easily escape. Meanwhile, others die peacefully and in control – often in their homes surrounded by loved ones and with appropriate medical assistance, albeit clandestine.
I’m always intrigued by the announcement of a prominent Australians death. The deceased invariably dies peacefully at home, with loved ones by their side. Why is it that the powerful and well connected often depart gently? Why are the less privileged compelled to endure irremediable suffering over a prolonged period?
Why it is that the powerful and well connected often depart gently? Why are the less privileged compelled to endure irremediable suffering over a prolonged period?
I’m reminded of a story a young man told me last year. He spoke movingly about how he lost his mother under tragic circumstances that could have been avoided if not for the state’s stance on voluntary euthanasia.
His mother was suffering from a serious long-term mental illness. Her desperate pleas to her doctors to help end a life that she described as “a living hell” were consistently dismissed as irrational. She was ultimately forced to die a violent death at her own hand.
According to her son, the life she foresaw was a life that she did not want. There was very little the medical profession could do to help her end it. His mother’s only option was suicide, which she took one lonely night at home after manically swallowing a cocktail of prescribed pills washed down with alcohol.
Her neighbour discovered her decaying corpse with a plastic bag over its head days after she died what must have been a horrible death.
This had a profound psychological impact on her son. He experienced depression, anxiety and complicated grief. The horror of his mother dying painfully and alone in such a setting is something that will stay with him to his grave.
A humane, just and civilised society should never insist on laws that allow such tragic deaths to continue. It should certainly not allow those rendered powerless through serious illness to suffer horrible deaths of this kind.
Society should do far more to empower the vulnerable through the provision of appropriate medical assistance, guidance and legal support. It should help them govern their life in a way that minimises suffering and delivers dignity in death.
Horrible deaths are not only restricted to the home. They also take place in hospitals and inpatient hospices. Years ago, I spoke with a senior oncologist at The Royal Melbourne Hospital. He spoke candidly about the problem in accessing life-ending medication for his patients.
He spoke of a seriously unwell middle-aged female patient who he regarded as a friend. She had no immediate family or close friends to help her finish her life well. She did not have a network of people who could help enact a plan that allowed her to die peacefully and with dignity in the comfort of her home. The only person who could help was her oncologist but he was legally unable to do what he understood would give her dignity in her death.
In this case both patient and doctor were locked under state control. They were denied choices available to those who have the good fortune, legal nous and medical support to implement their plans away from the state’s reach.
The contradictory and confused nature of our anti-euthanasia laws become apparent when viewed in light of the state’s stance on suicide. Suicide is not illegal. Australians are at liberty to take their own lives through a variety of different means, assuming they have the physical capacity to do so. Despite the grief suicide can cause to bereaved loved ones, it is nearly impossible – and arguably unethical – to prohibit.
A humane, just and civilised society should never insist on laws that allow such tragic deaths to continue.
If someone has the ability to end their life, they are free to do so. But those unable to end their life by their own hand are forced by the law to endure prolonged, unnecessary and irremediable suffering.
Anti-euthanasia advocates often argue palliative care is far more humane and caring than killing. They suggest more funding be directed to palliation rather than amending laws that allow the terminally ill to seek direct death. But those who take this line fail to acknowledge that some patients find death while under palliative sedation repugnant and unacceptable.
Denying a terminally ill person the option of choosing direct death over unwanted palliation is an infringement on their autonomy.
We need to appreciate that palliative care and physician-assisted death are not mutually exclusive. Indeed, terminally ill individuals who have high quality palliative care may be more open to the idea of assisted dying than those who do not.
Research conducted at Brunel University in London found terminal cancer patients in British hospices were more likely to consider doctor-assisted dying than those in hospitals. This contradicts the commonly-held view that assisted dying would decrease if options such as palliation and hospice care were readily available.
Voluntary euthanasia laws would not diminish the value of human life. They would enhance the prospect of a peaceful death by shifting control away from the state and other institutions. If individuals were granted control over this decision they would be empowered to achieve what they believe to be a good death.
If we are committed to delivering a good and peaceful death to all, then the law must extend personal autonomy, greater control and genuine informed choice to all Australians.
Nigel Baggar’s counter-argument is here.
In Australia, support is available at Lifeline 13 11 14, beyondblue 1300 224 636 and Kids Helpline 1800 551 800.
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How to respectfully disagree

How to respectfully disagree
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BY Simon Longstaff The Ethics Centre 2 OCT 2015
Why do we find it so hard to discuss difficult issues? We seem to have no trouble hurling opinions at each other. It is easy enough to form into irresistible blocks of righteous indignation. But discussion – why do we find it so hard?
What happened to the serious playfulness that used to allow us to pick apart an argument and respectfully disagree? When did life become ‘all or nothing’, a binary choice between ‘friend or foe’?
Perhaps this is what happens when our politics and our media come to believe they can only thrive on a diet of intense difference. Today, every issue must have its champions and villains. Things that truly matter just overwhelm us with their significance. Perhaps we feel ungainly and unprepared for the ambiguities of modern life and so clutch on to simple certainties.
Today, every issue must have its champions and villains. Perhaps we feel ungainly and unprepared for the ambiguities of modern life and so clutch on to simple certainties.
Indeed, I think this must be it. Most of us have a deep-seated dislike of ambiguity. We easily submit to the siren call of fundamentalists in politics, religion, science, ethics … whatever. They sing to us of a blissful state within which they will decide what needs to be done and release us from every burden except obedience.
But there is a price to pay for certainty. We must pay with our capacity to engage with difference, to respect the integrity of the person who holds a principled position opposed to our own. It is a terrible price we pay.
The late, great cultural theorist and historian, Robert Hughes, ended his history of Australia, The Fatal Shore, with an observation we would do well to heed:
The need for absolute goodies and absolute baddies runs deep in us, but it drags history into propaganda and denies the humanity of the dead: their sins, their virtues, their failures. To preserve complexity, and not flatten it under the weight of anachronistic moralising, is part of the historian’s task.
And so it is for the living. The ‘flat man’ of history is quite unreal. The problem is too many of us behave as if we are surrounded by such creatures. They are the commodities of modern society, the stockpile to be allocated in the most efficient and economical manner.
Each of them has a price, because none of them is thought to be of intrinsic value. Their beliefs are labels, their deeds are brands. We do not see the person within. So, we pitch our labels against theirs – never really engaging at a level below the slogan.
It was not always so. It need not be so.
I have learned one of the least productive things one can do is seek to prove to another person they are wrong. Despite knowing this, it is a mistake I often make and always end up wishing I had not.
The moment you set out to prove the error of another person is the moment they stop listening to you. Instead, they put up their defences and begin arranging counter-arguments (or sometimes just block you out).
The moment you set out to prove the error of another person is the moment they stop listening to you.
Far better it is to make the attempt (and it must be a sincere attempt) to take the person and their views entirely seriously. You have to try to get into their shoes, to see the world through their eyes. In many cases people will be surprised by a genuine attempt to understand their perspective. In most cases they will be intrigued and sometimes delighted.
The aim is to follow the person and their arguments to a point where they will go no further in pursuit of their own beliefs. Usually, the moment presents itself when your interlocutor tells you there is a line, a boundary they will not cross. That is when the discussion begins.
At that point, it is reasonable to ask, “Why so far, but no further?” Presented as a case of legitimate interest (and not as a ‘gotcha’ moment) such a question unlocks the possibility of a genuinely illuminating discussion.
To follow this path requires mutual respect and recognition that people of goodwill can have serious disagreements without either of them being reduced to a ‘monstrous’ flat man of history. It probably does not help that so much social media is used to blaze emotion or to rant and bully under cover of anonymity. People now say and do things online that few would dare if standing face-to-face with another.
It probably does not help that we are becoming desensitised to the pain we cause the invisible victims of a cruel jibe or verbal assault. Nor does it help that the liberty of free speech is no longer understood to be matched by an implied duty of ethical restraint.
I am hoping the concept of respectful disagreement might make a comeback. I am hoping we might relearn the ability to discuss things that really matter – those hot, contentious issues that justifiably inflame passions and drive people to the barricades. I am hoping we can do so with a measure of goodwill. If there is to be a contest of ideas, then let it be based on discussion.
Then we might discover there are far more bad ideas than there are bad people.
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You can’t save the planet. But Dr. Seuss and your kids can.

You can’t save the planet. But Dr. Seuss and your kids can.
Opinion + AnalysisClimate + EnvironmentRelationships
BY Steve Vanderheiden The Ethics Centre 30 SEP 2015
Dr. Seuss’ The Lorax explores the consequences of deforestation and the environmental costs of development. It concludes with the Once-ler, the narrator of the story who is principally responsible for deforestation of the decimated Truffula tree, entrusting its final seed to a young boy. He implores the child, “Grow a forest. Protect it from axes that hack. Then the Lorax and all of his friends might come back.”
The Once-ler, wracked by guilt for his complicity in this environmental disaster, passes along responsibility for reversing damage done by his generation to a child. The Lorax suggests the young take on duties of planetary stewardship where adults have failed.
Is this fair? Perhaps the generation responsible for mucking up the planet has lost its moral authority to try and save it. So the task of conservation is inherited by those with a longer-term stake in its future.
That adults might vest hope for a better planet in our children is both edifying and deeply troubling. Edifying because the environmental record of the world’s children bests that of adults by default. The young have not yet begun to reproduce the patterns of behavior that implicate their parents – resource depletion, biodiversity loss, climate change…
Troubling because they may reproduce them in future. We cannot realistically expect young people socialised into a world of willful environmental neglect to behave much differently than their parents have. Adults cannot so easily absolve themselves of the responsibility of addressing environmental harm they have caused.
Rather than saving the planet, a more modest objective might be to refrain from making it much worse for our children. Even this is a daunting prospect. Patterns of energy use dependent on fossil fuels all but guarantee that global temperatures will continue to rise. For most, climate change is no longer a debate about “if” but “how severe?”
We may still hope to make the planet better for our children in other ways. For instance, by adding to the richness of human culture and the stock of beneficial technologies. When it comes to climate though, a more appropriate aim might be to refrain from chopping that last Truffula tree. To preserve our remaining forests so our children might be able to see the proverbial Brown Bar-ba-loots, Swomee-Swans or Humming Fish in their native habitats rather than natural history museums.
Doing this will be challenging. It will require an often uncomfortable reflection on what drives global environmental degradation. In Seuss’ tale the insatiable demand for thneeds – the ultimate commodity – drives the Truffula deforestation. This implicates our heedless consumerism in the causal chain of degradation alongside the Once-ler.
When we consume things we don’t need, and when the industry around these commodities is obviously unsustainable despite our obliviousness to this fact, we contribute to resource depletion. What’s more, we add to the attitudes and norms that suggest this is a private matter, answerable only to private consumer preferences and not larger public concerns for equity or sustainability.
Worst of all, we teach our children to do the same.
The first step in reducing our negative impact upon the planet must be to understand how and where we make the impact we do. We need to understand alternatives that yield comparable value to us with a lighter toll upon the planet. Consuming more conscientiously will leave our children a better planet and make them better citizens of it. Though it requires us to consume differently and less.
Thinking about the long-term consequences of our choices will also help. We cannot plausibly claim to value our children’s future while discounting the future value of current investments in sustainable infrastructure or future costs of unsustainable current practices.
To help make better children for our planet we must teach them that out of sight is not out of mind.
Our deeds announce our concern for the welfare of future generations more accurately than our words or thoughts. Thinking about such choices must be accompanied by some changes in course. Citizens must demand better public choices be made rather than acquiescing to worse ones as unavoidable products of political inertia or inviolable market forces.
The tendency to shift problems across borders is no less insidious than passing them to our children or grandchildren. To help make better children for our planet we must teach them that out of sight is not out of mind.
As role models for our children our success in stopping environmental harm will matter less than our sincerity in the efforts we make. If we honestly try to maintain the planet, our example will help make them into the kind of people our planet needs.
For as the Once-ler interprets the Lorax’s cryptic final word, “UNLESS someone like you cares a whole awful lot, nothing is going to get better. It’s not.”
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Parent planning – we should be allowed to choose our children’s sex

Parent planning – we should be allowed to choose our children’s sex
Opinion + AnalysisHealth + WellbeingRelationshipsScience + Technology
BY Julian Savulescu The Ethics Centre 16 SEP 2015
In 2015, The National Health and Medical Research Council was accepting public submissions regarding sex selection in IVF procedures. It has previously prohibited non-medical sex selection.
This is one of two responses we’ve published on our website. Don’t agree with Julian? Check out Tamara Kayali Browne‘s piece, which argues that IVF sex selection is unethical.
Current NHMRC guidelines prohibit non-medical sex selection by any means. Victoria, Western Australia and South Australia have specifically legislated to ban sex selection using assisted reproduction.
The guidelines are now under review, providing the Australian public, the NHMRC and professionals an opportunity to re-examine their opposition to sex selection.
Opposition to the legalisation of non-medical sex selection illustrates a misunderstanding of the role of law in civil society. If A wants to do X, and B wants to assist A to do X for a price, the sole ground for interfering in their freedom is they will harm someone. Moral disapproval is not a ground for a legal ban.
Who would be harmed by allowing sex selection?
The most obvious candidate is the child. Call him John. The basis of most legislation in assisted reproduction is that the best interests of the child must be paramount. However, it is not against the interests of John to be conceived by sex selection. Indeed, if IVF and sex selection were not performed, John would not exist. John owes his very existence to the act of sex selection.
There is another kind of harm often invoked in these kinds of debates – a moral harm. John is being used as a means to his parents’ ends of having a child whom they have stereotyped goals for. John is being used as an instrument.
People intuitively believe that children should be “gifts”, not valued for particular characteristics, such as sex, intelligence or athletic ability. We ought to give them their own opportunity to make their own life. That is, they should have a right to an open future.
Enter Immanuel Kant
Such objections are best expressed by German philosopher Immanuel Kant, who said people should always be treated as an end, and never a means.
But what Kant actually said is never treat people merely or solely as a means. We treat people as a means all the time – shopkeepers, salesmen, repair people and doctors. We respect adults by obtaining their consent to treat them as a means.
It is not possible to obtain consent from children – particularly not regarding their creation. What then does it mean to treat a child merely as a means?
People have children for all sorts of reasons – to be a sibling, to hold a marriage together, to care for parents, to be a companion, to realise the parent’s dreams, to take over the family business or to be king of England. Ethically, these reasons aren’t important. What matters is how well they treat their child once it is born, whether male, female, disabled, tall, short, come what may.
Something like this kind of “instrumentalisation” objection might be behind the NHMRC’s policy:
A conditional life
The Australian Health Ethics Committee believes that admission to life should not be conditional upon a child being a particular sex.
Equality of all people should not be conditional upon any characteristic, such as their sex. But there is a distinction between continued existence and coming into existence. Continued existence should not be conditional on sex.
It might be thought the same follows for admission to life. But the NHMRC does allow medically motivated sex selection to guard against certain diseases and disabilities. This suggests admission to existence can be “conditional” upon being healthy and non-disabled.
What “conditional” means here is “based on reasons”. One can have children for reasons, such as being of certain sex, having certain abilities, being healthy or not disabled. As long as one loves the child, gives the child an open future and good life, having reasons to have that child is perfectly ethically acceptable.
For example, a father wants to have a son to take to football matches. He therefore moulds the child to his needs by sex selecting. He can still treat the child, once born, as an end by respecting the child’s own decision to pursue an interest in music instead.
Harmful sexist stereotypes
The final alleged harm is to society, either by reinforcing sexist stereotypes or disturbing the sex ratio. In some parts of India and China, there are six males to five females.
Such harms could be real and might be a legitimate basis for interfering in liberty. But another basic principle is that the least liberty-restricting (least coercive) means should be adopted to prevent harm.
The present ban on non-medical sex selection is very wide-ranging and coercive. Are there less coercive means that would allow some sex selection but not reinforce sexist stereotypes and disturb the sex ratio? There are at least three better policies:
- Sex selection only in favour of girls.
- Sex selection for family balancing. That is, sex selection for the second or third child, when the existing children are all of one sex and the preference is for the opposite sex. In Australia, this is the most common reason for sex selection and a little more than 50 percent select girls.
- Incidental sex selection. A couple having IVF and genetic diagnosis for infertility and screening of disorders, could be allowed to express a preference over the healthy embryos, at the discretion of their doctors.
Each of these strategies is less liberty-restricting and would protect the public interest.
There are no good grounds for the blanket ban on sex selection. Sex selection does not harm the child and any collateral harm (due to discrimination) can be controlled in better ways. A blanket ban is unethical, excessively restricting procreative liberty.
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Parent planning – we shouldn't be allowed to choose our children’s sex

Parent planning – we shouldn’t be allowed to choose our children’s sex
Opinion + AnalysisPolitics + Human RightsRelationshipsScience + Technology
BY Dr Tamara Kayali Browne 16 SEP 2015
The National Health and Medical Research Council was accepting public submissions regarding sex selection in IVF procedures in 2015.
It has previously prohibited non-medical sex selection. We asked two bioethicists for their thoughts on the matter.
Bioethicist Tamara Kayali Browne says we need to ask why parents might want non-medical sex selection to see why it is wrong. This is one of two responses we’ve published. Don’t agree with Tamara? Check out Julian Savulescu’s argument that IVF sex selection should be allowed.
Using sex selection to prevent medical complications associated with a particular sex is already permitted. Given this, why might parents seek non-medical sex selection? It seems clear to me the primary reason is not to select the child’s sex, but his or her gender.
According to the World Health Organisation, sex is defined by biological and physiological characteristics such as genitalia and chromosomal makeup. Gender, on the other hand, refers to “the socially constructed roles, behaviours, activities, and attributes that a given society considers appropriate for men and women”.
A complex issue
Most parents will not desire a male or female child in the sense of their genitalia. Rather, they will want a child who fulfils socio-cultural definitions of ‘boyhood’ or ‘girlhood’. This is problematic because it assumes our sex determines our adherence to gender-based social norms and behaviours.
At best, acting on assumptions which are not evidence-based is bad science. Yet in this case, gender assumptions also have very serious repercussions within society. Assumptions and stereotypes regarding how each gender should be, act, excel at and strive for, underlie the sexism that pervades our societies.
As such, sex selection is a product of, and perpetuates, false assumptions about gender that keep men and women “in their places”. This prevents progress towards equality and freedom from restrictive gender roles and bias.
Generational impact
For children, it means a narrower rather than a more open future. It also tacitly sanctions the sort of bullying that “tomboys” or “sissies” experience when children dare to transgress gender norms. For adults, it means a step backwards to perpetuating bias and discrimination.
With this in mind, we can see why some of the frequent arguments in favour of non-medical sex selection are unpersuasive.
Consider family balancing. Prospective parents who seek to undergo sex selection for “family balancing” don’t seek to have a variety of sex chromosome or genitalia in the household. Rather, they seek to have a child who espouses the attributes, behaviours, activities and roles typically associated with the opposite gender of the children they already have.
“Family balancing” thus relies on the same gender stereotypes and assumptions as any other form of non-medical sex selection. For this reason, sex-selection for family balancing is unethical and not assuredly successful. By perpetuating stereotypical notions of gender it validates unwarranted expectations in parents, which children will then have undue pressure to fulfil.
A similar case arises if parents were to tragically lose daughter (for example) and seek to replace her with a child of the same sex. Presumably, the parents did not enjoy parenting a daughter because she had female sex organs. Rather, they likely enjoyed parenting her because of her attributes and behaviours, the activities she took part in or enjoyed, or even the clothes they felt they could dress her in.
All of these factors have the potential to be present in a son and they are not guaranteed in a daughter. The only barrier to realising this is social bias. If the parents truly understand that each child is different, it becomes hard to explain why the parents seek to undergo the trouble and expense of sex selection.
The right to choose?
Parental autonomy is often said to justify sex selective procedures. The idea being if parents prefer, or believe they will be better parents to one sex over the other, they should have the right to choose.
In cases where a family has children of both sexes, this belief will affect parents’ relationships with children of the non-preferred sex. If a mother believes only a daughter can facilitate a particular kind of relationship, her prejudice will sever the possibility of having such a relationship with her sons.
In this light, one can see that the gender assumptions which drive sex selection can actually make parents feel deprived of certain parenting experiences. Yet as there is in fact no reason to feel this way, these assumptions about gender curtail the autonomy of both parents and children.
Free of unfounded assumptions, parents may be freer than they realise to form the relationships they desire with children of either sex. This knowledge is freeing for both children and parents.
The wishes of intending parents should not override the need to respect the child who will be born. This is even more the case when those wishes are based on gender stereotypes and assumptions which have no scientific basis.
Opportunity for all
All children have a right to a maximally open future and this right is curtailed when parents expect their children to act according to a narrow set of gender norms. The stronger the parental preferences to have or avoid a child of a particular gender, the more likely those expectations will harm the child.
Only parents with particularly strong prejudice are likely to undertake such an invasive, risky and expensive procedure. As such, the risk to the child’s right to self-realisation and self-determination is even greater. As a result, the need to uphold their rights is even stronger.
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Women must uphold the right to defy their doctor’s orders

Women must uphold the right to defy their doctor’s orders
Opinion + AnalysisHealth + WellbeingRelationships
BY Hannah Dahlen The Ethics Centre 9 APR 2015
I don’t know what disturbed me most about Genevieve Tait’s opening argument.
Was it that it was written by a woman? Or a student doctor who would one day care for women? Or was it that these thoughts were not just the naive reflections of youth and inexperience but attitudes I see commonly expressed in society and by medical professionals with years of experience?
Ms Tait and I agree on this much, “Every woman should have the right to make a choice about her birthing strategy and her body. This right is inalienable.” But with her following sentence, she loses my support, “But sometimes I worry that women get so concerned about how they are going to deliver the baby that they forget about the actual welfare of the baby.”
If an expecting mother defies an obstetrician’s advice against a vaginal birth, we need to assume and respect her decision is motivated by reasons other than “competitiveness and entitlement”. And if we don’t – if we coerce a woman already under duress – we may trigger a toxic postnatal experience.
Women have told us there is something worse than death. It is in being alive but feeling dead inside.
It is in being so traumatised by pressurised interventions in their birth plan that they can’t care for their newborn or have a relationship with their partner. Ms Tait’s comment that “whether a baby first glimpses the light of day via the stomach, in a pair of forceps, or via the vagina, what matters is that the baby arrives alive and the mother stays alive” is clearly naïve. We need women and babies to be more than simply alive; we need them to be well physically, emotionally and culturally.
We need women and babies to be more than simply alive; we need them to be well physically, emotionally and culturally.
A pregnant Jehovah’s Witness and her nearly 27-week foetus died after she refused a blood transfusion for acute leukaemia in a Sydney hospital. This has been raised in the media this week and led to significant public debate. We might find this hard to comprehend, but the law is clear – the woman was an adult with the mental capacity to refuse treatment and the foetus is not a legal person in his or her own right until it is born.
We inevitably see the backlash and the comments that laws should be introduced to force pregnant women to consider the interests of their baby first. The innocent baby becomes the justification of our outrage. But we cannot force someone who is not pregnant to have a medical procedure for the good of another. When a man refused to donate his bone marrow to save his cousin’s life and his cousin then tried to sue him for neglect, the court found that to compel a person to submit to intrusion of his body for the good of another “would change every concept and principle upon which our society is founded” (McFall v. Shimp).
The USA demonstrates the ramifications of perching on such a slippery slope when it comes to foetal rights. The expansion of foetal rights in the USA and the recent debates over similar law reform in Australia, such as Zoe’s Law, are a warning sign to us. Do we really want to go the way of the USA where women have been charged with eating junk food, taking drugs or even having sex that could or did harm their baby? In Western Australia in 2012 when there was discussion of possible foetal homicide laws being introduced, the WA Australian Medical Association called for the laws to be extended to include women who chose a home birth or drank alcohol or took drugs. Shortly after this we saw the Right to Life Association calling for the laws to be extended to include abortion.
And so, the ease with which we can slide down the slippery slope of women’s rights becomes clear. So too why a woman’s right to determine what happens to her body is and always should be enshrined in law.
The World Health Organisation and the White Ribbon Alliance have recently produced statements warning against violations of the human rights of childbearing women to determine what happens to their bodies and to receive respectful care from health care providers.
Now to the real questions. How often do women actually refuse medical advice and why do they? The answer to the first question is rarely; the answer to the second question is more complicated. In the last five years I have worked on several research studies with my PhD students investigating the question of why some women say ‘no’ to our recommendations and services. We have found the main reasons for this choice is a distrust of mainstream services due to trauma during a past birth experience. This is often due to unnecessary or forced intervention and disrespectful, at times downright abusive treatment, from health care providers.
Unnecessary intervention in the private sector in Australia is leading to increased morbidity for mothers and babies. It is not saving lives.
Australia has one of the highest rates of intervention in birth in the world and this is traumatising for many women. Unnecessary intervention in the private sector in Australia is leading to increased morbidity for mothers and babies. It is not saving lives. Giving birth is not just physical. It is intensely emotional, social, and psychological. With suicide now the leading cause of maternal death in the developed world and post traumatic stress disorder (PTSD) affecting up to one in ten women following birth, this is clearly not safe.
Women are not stupid. They read and research their birth options and know the evidence, sometimes even better than health professionals who consider themselves the final authority. Expecting mothers talk on blogs, they tweet, and they post on Facebook – something which our research has found is more than “peer-pressure for grownups”, it can be very constructive. So why are we so insulted when women become active, informed participants in their own welfare?
There is more and more scientific evidence showing that vaginal birth not only primes the immune system, impacting positively on the future health of the child, but may impact the wiring of the human brain and in epigenetic changes. So, are women so misled in “being proud of their vagina’s capacity to deliver children”? Or is vaginal birth much more important than we ever realised?
The answer is not to reject medical intervention but to get the balance right and to ensure that mothers don’t feel like a failure if they need intervention.
Vaginal birth is still the best option for most mothers and babies, but not all. I’ll grant the benefit of the doubt that this is a point Ms. Tait and I largely agree on. However, in situations where vaginal birth is not the best course of action, her argument that women should always defer to the obstetrician’s advice, is where I disagree.
The answer is not to reject medical intervention but to get the balance right and ensure that mothers don’t feel like a failure if they need intervention. Countries with low caesarean section rates and excellent maternal and perinatal outcomes show us that living ‘as nature intended’ for the most part is what is optimal. Iceland, with half our caesarean section rate, loses fewer mothers and babies than we do. Finland, Sweden, Norway, and Iceland are consistently rated as the best places in the world to be a mother. In all of these places midwives are the main providers of care.
In 2005, the World Health Organisation challenged health practitioners not to ask, “Why don’t women accept the service that we offer?” but to question, “Why don’t we offer a service that women will accept?” Let’s stop trying to criminalise women’s choices or bully them into submission and let’s start trying to understand why those choices are made. We need to put in place responsive, sensitive maternity care systems that cater for the individual. And we need to remember and respect that birth for a mother is more than the everyday medical event that is for an obstetrician.
Read Genevieve Tait’s counter-argument here.
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Your child might die: the right to defy doctors orders

Your child might die: the right to defy doctors orders
Opinion + AnalysisHealth + WellbeingRelationships
BY Genevieve Tait The Ethics Centre 8 APR 2015
This is the first of a two-part debate by different members of the medical community on the topic of what is natural and what is reasonable when it comes to birth and a mother’s right to choose her delivery method.
Genevieve Tait worries that many mothers who insist on vaginal birth against medical advice are competing for a fraught badge of womanhood at the risk of their life and the life of their baby:
I recently spent some time working with an obstetrics team at a Melbourne hospital.
I just might have witnessed a new and unexpected Vagina Liberation movement – where women are so proud of their vagina’s capacity to deliver children that the organ has taken on an identity status all of its own.
I frequently saw women wax lyrical, and sometimes even territorial, about their vaginas and vaginal birth.
It would seem that vaginal birth has gone from a functional use of anatomy to a source of competitiveness and entitlement that can be life threatening for expecting mothers and their unborn babies. And birth has become some kind of holy experience, rather than the mechanism by which another life enters the world.
“Vaginal birth has gone from a functional use of anatomy to a source of competitiveness and entitlement that can be life threatening for expecting mothers and their unborn babies.”
I saw many expecting women assert their desire for vaginal birth, even when that birthing method posed particular risks for themselves and their baby. Some women refused to allow for any blood tests or examination in case the result triggered the doctor to recommend induction, early epidural, or C-section.
Every woman should have the right to make a choice about her birthing strategy and her body. This right is inalienable. But sometimes I worry that women get so concerned about how they are going to deliver the baby that they forget about the actual welfare of the baby.
I worry they forget that the obstetrician is trying to manage the health of two people, and so any recommendation coming from that doctor is intended to benefit two lives. Whether a baby first glimpses the light of day via the stomach, in a pair of forceps, or via the vagina, what matters is that the baby arrives alive and the mother stays alive.
If I had a dollar for every time I heard that “vaginal birth is the most natural thing you can do” I wouldn’t be suffering such crippling debt from my medical degree.
I hear it in the hospital, I hear it on the bus, I hear it from my clucky friends.
To me, this statement is absurd.
Vaginal birth is the best option for some mothers. If we were all to live only as nature intended it, we need only look as far as those less privileged parts of the world where medical intervention isn’t available – nature kills mothers and babies. If these women are so opposed to medical advice (a specialized body of knowledge that is naturally evolving over time), then when they next get pneumonia they should just cross their fingers and hope to get better, or press their palms together and pray.
The capacity of the female pelvis and vaginal canal to accommodate the passage of an enormous fetal head leaves only millimetres to spare – if you try to add 1cm of width by inserting a pair of forceps, you more often than not end up with a tear.
Attention base jumpers and other thrill seekers: try giving birth.
“Every woman is different – so it doesn’t follow that every birth should be the same.”
Every woman is different – so it doesn’t follow that every birth should be the same. And yet, somewhere along the line, these women seem to have internalised the pervasive and pernicious notion that without a vaginal birth they are less of a mother and less of a woman.
Where did they swallow this misinformation?
I point the finger in a few directions but I poke it at parenting blogs and forums. Not all of them. Some of them are great. But so many of them spew up little else than gossip mongering, anti-intellectual, fad-driven peer pressure for grownups.
And don’t get me started about the current trend for home births and all the YouTube videos they inspire. Here are women so desperate for low-intervention, non-clinical deliveries in settings where incense burning won’t set off the fire alarm, that they are willing to flout the fact that home birth doubles the neonatal death rate.[1]
Women are demanding natural births but often those women have bodies and health issues that are a long way from the idealised body type discussed in natural birth forums. Pregnant women today are often very physically different to the pregnant women of a few decades ago. Today’s expecting mothers are more likely to suffer from: high blood pressure, obesity, gestational diabetes resulting in very large babies, mental illness, drug addiction, age complications, and domestic violence. All of these factors complicate birth.
For a number of women I saw, their insistence on vaginal birth had very serious consequences that could have been avoided by way of an alternative birthing method.
I attended the prenatal visits of a severely obese forty-one year old woman who refused any prenatal care other than ultrasound as she clearly saw the obstetrician as some evil agent seeking to suck her baby out of her navel with a vacuum cleaner.
The obstetrician suffered this hostility with dignity and followed through with this worryingly well-rehearsed advice: it has been found that more than 50% of mothers who die giving birth are obese, and 30% of stillbirths or neonatal deaths were born to obese mothers[2]. She didn’t budge.
Another woman had been sent to the ICU after suffering eclampsia – she refused any tests that may have identified such a complication because she was adamantly opposed to undergoing C-section or induction.
Another woman’s baby suffered brain injury and renal failure due to the delivery delay attributed to her violent defense of her right to vaginal birth – despite her baby having a dangerously low heart rate in-utero.
These were not the only examples I encountered. And I worry this particular Melbourne hospital is not the only one where the Vaginal Liberation movement is gathering pace.
Ladies. Some of you will choose to push a baby out of it. Some of you will choose to smuggle cocaine in it. There’s no need to get lyrical about it. Good mothering in the lead up to and during the birthing process should be measured by the judiciousness of decision-making based on professional advice – not the diameter of your vagina.
This article is part of a debate on the right to defy doctor’s orders. Read the other side here.
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