Influential Prose

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Posts Tagged ‘law

Why Parents Shouldn’t Be Able to Refuse Medical Treatment for an Ill Child

[One of 50 articles written and published for Demand Media in 2013]

Legally, refusal to provide or access medical care for children can be termed medical neglect. According to the latest available national statistics, documented child abuse and neglect in 2011 affected more than 675,000 children, or nearly 1 in a 100 kids. On average, 3 percent was stemmed from medical neglect in 41 reporting states. Some states average higher. Arkansas’ medical neglect rate is 7.5 percent, while the District of Columbia, Georgia, New York and Puerto Rico all average about 5 percent. The lowest rates are in Delaware and Utah at 0.04 percent and 0.02 percent respectively, plus both Wisconsin and Nebraska at 0.01 percent.

Causes
Medical neglect can have several causes, including economic hardship, lack of access to care or health insurance, family chaos and disorganization, lack of awareness, knowledge or skills, lack of trust in health care workers, impairment of caregivers, caregivers’ beliefs and children’s behavior, according to a 2007 article in the journal “Pediatrics.” Of these causes, two can involve active refusal of care: caregivers’ belief systems and children’s behavior.

Legal Exceptions
In most instances, medical neglect is legally actionable. The exception is faith-based exemptions, which are written into law in most states, according to Childhealthcare.org. These exemptions vary in scope. Forty-eight states permit exemption from immunization programs. Most states permit exemption from metabolic testing of newborns that can detect developmental problems, including some that can be prevented with treatment. Ten states have religious exemptions for eyedrops that can help prevent blindness in children who contact a venereal disease carried by their mothers. Seventeen states have religious exemptions to felony crimes against children.

Consequences
A study titled “Child Fatalities from Religion-Motivated Medical Neglect” in the American Academy of Pediatrics journal found that of 172 cases of child fatalities attributed to faith-based medical neglect, 140 had excellent (90 percent positive) prognosis with standard treatment. Many of the remaining 32 children were treatable, with good outcomes likely. The consequences of not participating in immunization programs can be widespread. In 1991, “The New York Times” reported on an outbreak of 492 measles cases in Philadelphia that led to the deaths of six children, two of them unrelated to the Faith Tabernacle and First Century Gospel churches at the center of the outbreak. A later check of the Faith Tabernacle school found 201 of the children in attendance had never seen a doctor.

Prevention
Most faith-based cases of medical neglect leading to illness and death are preventable. The nonprofit educational charity Children’s Health Care Is a Legal Duty lists other treatable conditions that resulted in the deaths of children in the care of Christian Science parents between 1974 and 1994; five by meningitis, three of pneumonia, two of appendicitis, five of diabetes, two of diphtheria, one of measles, one of septicemia, one of a kidney infection, one of a bowel obstruction, and one of heart disease. In the Philadelphia outbreak, three children were hospitalized under court order to ensure treatment. However, as long as religious exemptions remain in place, the justice system has legal limits on what they can do.

References
American Academy of Pediatrics: Religious Objections to Medical Care
U.S. Department of Health and Human Services, Administration for Children and Familes: Child Maltreatment 2011 report
U.S. Department of Health and Human Services, Administration for Children and Familes: Child Neglect: A Guide for Intervention
American Academy of Pediatrics: Recognizing and Responding to Medical Neglect
American Medical Association: Miracle vs. Medicine: When Faith Puts Care at Risk

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Written by Influential Prose

June 26, 2015 at 3:11 am

Globalization & Religious Violence

[One of 50 articles written and published for Demand Media in 2013]

Even as the world population has grown, globalization has made our planet shrink. Travel options have expanded, more people are living in cities, and the products we use daily are increasingly made and distributed by multinational corporations. Mass production and its economic advantages have been expanded to nearly all corners of the world, to the point where one can find familiar food, clothing, tools and services wherever people gather in large numbers. Change, such as the worldwide use of mobile smartphones, now spreads with amazing speed. For people of faith who live in accordance with established traditions, the velocity of change can feel threatening and provoke violent backlash in defense.

Resistance to Change
Venerated social values are resistant to change. The dominant religious traditions today — Christianity, Islam and Hinduism — have existed for centuries, their core tenants preserved and passed on through generations. When rapid change ripples outward, it generates friction as it collides with deeply held religious beliefs. Occasionally this friction flares into violence.

In September 2005, a stark example began in Denmark, where the Danish newspaper Jyllands-Posten broke an Islamic taboo by publishing mocking images of the prophet Muhammad. The images quickly appeared in other newspapers around the world, sparking widespread riots. This violent reaction also became a global phenomenon. Buildings burned and an estimated 200 people died soon after publication because news is now globalized through the internet.

Elements of Conflict
In his book “Religious Violence in the Age of Globalization”, Hans G. Kippenberg observes that conflict is never caused by religion alone. Rather, violence results from the complex interaction of economic interests, political division, cultural discord and social upheaval. Sometimes tensions with a surface appearance of religious or ethnic strife may mask more basic disagreements.

An example is the ongoing conflict in Iraqi Kurdistan, which has been blamed on differences between ethnic Sunni Kurds, Turkish forces and Iraqi Shi’a Muslims. However, the region is rich with oil, and this has been another major focus of contention. Much to Baghdad’s consternation, the semi-autonomous Kurds have done oil survey and extraction deals with several multinational firms. Thus, it may be misleading to simply attribute conflict to ‘religious violence’, as it is likely that more than just religious faith is involved.

Cultural Hegemony
The most casual study of history shows conquest has often been accomplished by violence. Empires have subjugated, enslaved and annihilated peoples, cultures and faiths. But trade has played a role as well. It can have the effect of normalizing cultural exchange, and globalized trade has delivered many benefits. But it has also prompted accusations of cultural hegemony — cultural domination by economically powerful nations — as Western influence expands in tandem with the growth and spread of market economies. The primarily Western members of the Organization for Economic Cooperation and Development account for 59 percent of global gross domestic product.

Incoming trade and migrants can expose people to conflicting values, and the secular decoupling of religion and government in the West is anathema to some cultures. Resistance to this perceived hegemony is another factor that has motivated religious fundamentalists to commit horrendous acts of aggression — witness the 9/11 attacks in the United States.

Globalization of Violence
The globalization of information and travel has provided radical militants and smaller, less-developed nations with new levels of agility and lethality. The weaponization of biology is becoming increasingly feasible, and the potential for small groups of religious fundamentalists to instigate a nuclear and/or biological attack against nations in response to real or perceived injustice is aided by these developments.

Embassy attacks, seemingly-routine roadside and suicide bombings, and other violence — some of which has a religious component — has shaken parts of the Middle East, Africa and other regions over the decades. Those attacks provide abundant reason to believe that globalized technologies can be leveraged by small angry groups, both religious and secular, in any part of the world. No place on earth is invulnerable to that possibility.

Violence is sparked by conflict. Trade requires cooperation. For better or worse, both conflict and cooperation are now globalized. Humanity’s future depends on how we manage these opposing influences.

Written by Influential Prose

June 25, 2015 at 11:03 pm

Secularism After the Crusades

secularismaftercrusades

[One of 50 articles written and published for Demand Media in 2013]

The Crusades were a series of military conflicts spanning two centuries, from 1095 – 1300. The First Crusade began as a bid by Pope Urban II to wrest Jerusalem and surrounding areas from Muslim rule (sometimes referred to as the East, or Asia Minor) and back under Christian control (the West). The First Crusade was successful, but the seven Crusades and assorted minor battles afterward fared poorly, with lasting consequences. The aftermath altered attitudes toward the Roman Catholic church and encouraged skepticism. This diluted church authority, led to the Protestant Reformation and the secular ideas of the Renaissance.

Winners
In the West, merchants in Italy’s port cities on the Mediterranean Sea grew rich as middlemen moving troops and supplies to the Levant, while also shipping goods like rice, coffee, sugar and cotton cloth from the Muslim world to Europe. Their wealth, together with the increase in travel and commerce, would become critical to sparking the Italian Renaissance and early thinking about secular governance in the 14th century.

In the East, the Islamic world was united by the sultan Saladin, attaining military supremacy following a period of internal division. Secular governments ruled by sultans and emirs already existed in this era, but the division of power between political and religious leaders (caliphs) was in transition. Military and economic matters became largely secular, while social administration was primarily governed by Sharia law.

Losers
The Crusades’ many military defeats cost the Catholic church substantial respect and credibility, weakening the papacy. Perceptions of corruption and turmoil in the church continued, leading to the Western Schism in 1378. Cardinals elected two different popes, triggering a political crisis and warfare. The aftermath emboldened kings and spurred resistance to church authority, paving the way toward a more secular worldview in the West.

An incalculable — and for Christians, self-inflicted — loss of world knowledge occurred when Norman (Christian) crusaders burned the Imperial library during the Sack of Constantinople in 1204, destroying both secular and religious literature. This assault on the eastern center of Christianity marked the end of the Byzantine empire, the last vestige of the Roman empire wherein Christianity first emerged.

Consolidation
Despite ongoing war and dissension, the time of the Crusades — known as the High Middle Ages — were also a period of consolidation and expansion for secular and religious spheres alike. Greater stability emerged in legal and financial institutions, communication systems improved and political organization gained sophistication. Church bureaucracy grew to include the papal curia, a variety of organizations that helped administer the Roman Catholic church.

Inquisition
Doctrinal compliance and consolidation of church authority was accomplished through the medieval inquisition, beginning around 1184 through the 1230s. Deviation from official church doctrine became subject to a series of aggressive, locally-based efforts to eliminate dissent and heretical views. Bishops and papal emissaries were given wide latitude — including torture — to root out heresy, but as church representatives, they were not permitted to kill. The job of burning unrepentant heretics at the stake was conducted by secular authorities. Little imagination is needed to perceive the effect on secular thought.

Written by Influential Prose

June 22, 2015 at 9:32 pm

Can a City Use Public Funds for City Council Religious Prayers?

[One of 50 articles written and published for Demand Media in 2013]

American government at all levels must serve citizens equally regardless of their faith or lack of it. The Constitution does not permit governments to promote or even give the appearance of allying with any specific religious tradition. Consequently, there are restrictions on funding when government and faith intersect. To avoid confusion, it’s important to distinguish between public and private prayer. Funding in support of public prayer that involves any government agency — a city, state, school, legislature, etc. — is restricted. Private prayer in any form is not restricted.

Establishment Clause
The First Amendment of the U.S. Constitution’s establishment clause reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
The Supreme Court interprets this to mean government cannot advance, promote or highlight religious belief. When a prayer invokes a specific deity, such as Jesus Christ, Allah, Mohammad, Brahma, Vishnu, Shiva, etc., it singles out a specific faith. This form of public prayer cannot be sponsored by government.
Why not? Historically, various faiths have come into conflict. To avoid becoming mired in such conflicts, the Constitution forbids the creation of national and state churches, and the creation of laws that would interfere with faith. It is essentially a “hands-off” approach; government abstains from entanglement with religion. This prevents any one group from using government as a vehicle for promoting its faith.

Nondenominational Prayer
In 1983, the Supreme Court ruled that nondenominational prayer does not advance any specific religion and therefore does not violate the establishment clause. This ruling means cities are free to pay chaplains and representatives of various faiths to provide a prayer at meetings and other public events as long as it remains nondenominational. These prayers tend to be Christian in form, but when no specific deity is called, they do not breach the traditional “wall of separation” between church and state.

Compromise
The 1983 ruling created a compromise, and the nature of compromise is that not everyone is fully satisfied with the result. Public prayer is permitted, which dissatisfies those who wish to maintain a clear wall of separation, but public prayer is restricted, dissatisfying those who prefer no restrictions. The decision preserves the intent of the establishment clause by preventing any government entity from advancing a specific belief.

Ongoing Developments
Prayer at city council meetings, whether paid for by tax dollars, offered by paid public servants or offered free of charge, continues to attract attention and controversy. In March 2013, the Staunton, Virginia, City Council voted to alter its customary practice of pre-meeting prayer to include moments of silence and follow a practice of rotating invocations by council members before work sessions. In April 2013, Newberry Township, Pennsylvania, revised its prayer practice on the advice of attorneys after objections were raised in a letter from the Freedom From Religion Foundation. In August 2012, an atheist gave the invocation at a Tulsa, Oklahoma, City Council meeting, an event widely noted for its novelty. On May 20, 2013, the U.S. Supreme Court agreed to take up a case on prayer at government meetings from Greece, New York; a decision is expected by June 2014. Several groups regularly monitor and report from a variety of perspectives. These include the American Civil Liberties Union, Americans United for Separation of Church and State, American Center for Law & Justice and the Heritage Foundation.

Written by Influential Prose

June 22, 2015 at 9:19 pm