Papers by Jeanne Snelling
Australian & New Zealand Journal of Obstetrics & Gynaecology, Feb 28, 2012
BackgroundCommercial surrogacy is prohibited in New Zealand by the Human Assisted Reproductive Te... more BackgroundCommercial surrogacy is prohibited in New Zealand by the Human Assisted Reproductive Technology Act 2004 (HART Act). However, altruistic clinic‐assisted surrogacy is permitted. Couples wishing to attempt altruistic surrogacy must apply for approval to a statutorily appointed ethics committee. One of seven principles that underpin the HART Act stipulates that the needs, values and beliefs of Maori (NZ's indigenous population) should be considered and treated with respect.AimThis paper reviews the outcomes of surrogacy applications since the HART Act was established and the uptake of surrogacy by Maori.MethodsThe authors examined the demographic data provided to the ethics committee by way of surrogacy applications and the outcome data provided by fertility clinics. This paper reviews the outcomes for surrogacy applications: the number accepted/declined, the number of live births, those applications discontinued and uptake by Maori.ResultsOf 104 applications for surrogacy between 2005 and 2010, 4 (3.8%) were declined. By July 2011, of 100 approved, there have been 26 (26%) live births; 52 (52%) were discontinued, and 22 (22%) remain ongoing. Maori are much less likely to utilise surrogacy. Of the 104 original applications, 9 (8.6%) Maori women were willing to act as a surrogate, and 2 (1.9%) were intended mothers. 7 (6.7%) Maori were partners of a surrogate, with 2 (1.9%) intending mothers having Maori partners.ConclusionsThe process of surrogacy applications is comprehensive and robust, resulting in few being declined. Further research is required to discover why applications are discontinued and why, despite explicit attempts to meet the needs of Maori, few utilise surrogacy.
BMC Palliative Care
Background In November 2021, assisted dying (AD) became lawful in Aotearoa New Zealand. A termina... more Background In November 2021, assisted dying (AD) became lawful in Aotearoa New Zealand. A terminally ill person may now request, and receive, pharmacological assistance (self-administered or provided by a medical practitioner/nurse practitioner) to end their life, subject to specific legal criteria and processes. Exploring the experiences of health providers in the initial stage of the implementation of the End of Life Choice Act 2019 is vital to inform the ongoing development of safe and effective AD practice, policy and law. Aim To explore the early experiences of health care providers (HCPs) who do and do not provide AD services seven months after legalisation of AD to provide the first empirical account of how the AD service is operating in New Zealand’s distinctive healthcare environment and cultural context. Design Qualitative exploratory design using semi-structured individual and focus group interviewing with a range of HCPs. Results Twenty-six HCPs participated in the study...
This chapter discusses the role that equality plays within liberal theory. We show how the concep... more This chapter discusses the role that equality plays within liberal theory. We show how the concept of treating citizens as equals is integral to the legitimisation of the state and its regulations, including those involving new technologies. We suggest that equality is a fundamental value when exploring the scope of relevant freedoms with respect to new technologies. However, understanding the role of equality for such issues requires sensitivity to important differences in the way in which it can be theorised. We explain how equality can be valued intrinsically, instrumentally, or constitutively. We also explain three different accounts of what egalitarian justice demands that are particularly relevant to framing policy involving new technology
Human embryonic stem cell (hESC) research promises to enhance the way that we understand, prevent... more Human embryonic stem cell (hESC) research promises to enhance the way that we understand, prevent, and treat disease, potentially alleviating human suffering on a global scale. However it also involves the destruction of the nascent human life form from which stem cells are derived. Herein lies what Devolder depicts as ‘The Problem’: either one supports hESC research and accepts resulting embryo destruction, or one opposes it and accepts that the potential benefits of hESC research will be foregone
The New Zealand Medical Journal, Dec 2, 2022
Social Science Research Network, 2016
History, Philosophy and Theory of the Life Sciences, 2021
SSRN Electronic Journal, 2021
AIM: This article outlines the End of Life Choice Act 2019. It highlights some of the key impleme... more AIM: This article outlines the End of Life Choice Act 2019. It highlights some of the key implementation issues to ensure the system operates safely and equitably after the Act comes into force. It also identifies priorities for research to ensure issues are detected and provision of assisted dying (AD) is monitored. METHOD: We reviewed the End of Life Choice Act, assisted dying implementation literature and governmental reports. RESULTS: Effective system implementation depends on infrastructure, oversight and funding. In terms of service provision, we make recommendations about training for all health practitioners and providing practitioners; the nuances of discussing the "wish to hasten death"; conscientious objection; cultural safety for Māori; and minimising the complexity of delivering assisted dying practice. Structured research is needed to understand how the assisted dying system is operating. CONCLUSION: This article contributes by identifying core issues for practitioners, patients and policymakers. Implementation is an ongoing process that continues after the Act starts. Data are required to know whether access is equitable, who is choosing to make use of the law, whether providers are well informed and whether the safeguards are working as intended. The implications of how the Act is implemented are significant for patients, whānau, health professionals and society.
Medical Law Review, 2022
With the enactment of the Abortion Legislation Act 2020, New Zealand radically transformed its ap... more With the enactment of the Abortion Legislation Act 2020, New Zealand radically transformed its approach to abortion. Abortion is no longer a crime, and is instead regulated under general health law, adopting a gestational model. Whilst some claim that reform was overdue, critics have described the new legislation as the ‘world’s most extreme abortion law’. This article investigates these claims through the lens of reproductive justice, a movement that emerged alongside the global campaign for recognition of reproductive rights. First, it outlines the tenets of reproductive justice, before critiquing New Zealand’s previous law, and considering arguments for its modernisation. It then describes how a growing number of jurisdictions have decriminalised abortion, with increasing pressure on other countries, including England and Wales, to similarly undertake law reform. Finally, it examines the main provisions of New Zealand’s law. It concludes that, to the extent that the new law enabl...
Harm is a crucial concept in the ZPD framework. The concept of probable harm to the child forms t... more Harm is a crucial concept in the ZPD framework. The concept of probable harm to the child forms the outer limit of the zone of parental discretion, marking the point where parents' decisions should be overridden. This chapter focuses on defining and explaining the concept of harm, and the closely related concept of interests, specifically in relation to children. In short, harm is done to a child when she experiences a large setback to her interests. In explaining what might count as a large setback to interests, the authors set out various accounts of what children's interests are in general, and suggest a possible list of children's interests that are specific to healthcare. An assessment of harmfulness involves comparing the overall extent to which a child's various interests are promoted or set back by the different possible options. The authors suggest that, in the end, this will always involve some degree of individual judgment. There is no straightforward formula to calculate whether a parental choice is likely to set back a child's interests so much that it counts as harm to the child
Medical Law International, 2020
Over the last half-century, significant innovations have occurred in the fields of embryology and... more Over the last half-century, significant innovations have occurred in the fields of embryology and human assisted reproduction as a result of human embryo research. This dynamic and ethically complex field is generally subject to extensive regulatory oversight. This article examines New Zealand’s legal framework governing such research. It argues that, despite the core legislative objective of establishing a robust and flexible framework, the current legal regime established under the Human Assisted Reproductive Technology Act 2004 is a classic example of regulatory failure. While not a necessary outcome of the devolved, principles-based regulatory scheme, this failure is primarily due to the perceived lack of authority and independence of the statutory policymaking body established under the Act, as well as the broader regulatory environment in which it operates. It argues that a confluence of problems, including Ministerial overreach as well as a lack of transparency and accountabi...
Encyclopedia of Global Bioethics, 2016
British Journal of Sports Medicine, 2015
The objective of the Sports Physiotherapy Code of Conduct (SPCC) is to provide a comprehensive se... more The objective of the Sports Physiotherapy Code of Conduct (SPCC) is to provide a comprehensive set of guidelines for the professional behaviour expected of physiotherapists providing sports physiotherapy services. The SPCC applies to any physiotherapist providing sports physiotherapy services, including immediate care, injury assessment and management, rehabilitation, exercise prescription, injury prevention or enhancement of sporting performance in individuals involved in any level of exercise or sport. The SPCC acknowledges the varied work environments of a sports physiotherapist. Sports physiotherapists work in recreational sports and leisure industries, as physiotherapists working with athletes at all levels, within sporting organisations as a physiotherapy/medical coordinator, or in physiotherapy clinics. A patient/client in this setting is the individual receiving sports physiotherapy services, or the group of people for whom the sports physiotherapist is contracted or otherwise engaged to provide sports physiotherapy services. The same ethical principles that apply to the practice of all physiotherapists in New Zealand also apply to those physiotherapists who provide sports healthcare. The Aotearoa New Zealand Physiotherapy Code of Ethics and Professional Conduct , produced by the New Zealand Physiotherapy Board (NZPB) and Physiotherapy New Zealand (PNZ), is the code for all physiotherapists in New Zealand (see http://www.physioboard.org.nz). Aotearoa New Zealand Physiotherapy Code of Ethics and Professional Conduct 1. Physiotherapists respect patients/clients and their whanau and families. 2. Physiotherapists act to promote the health and well-being of the patient/client, while acknowledging, respecting and facilitating patient/client autonomy. 3. Physiotherapists respect confidentiality, privacy and security of patient/client information. 4. Physiotherapists treat people fairly. 5. Physiotherapists practice in a safe, competent and accountable manner. 6. Physiotherapists act with integrity in all dealings. 7. Physiotherapists strive for excellence in physiotherapy standards. 8. Physiotherapists communicate effectively and cooperate with colleagues, other health professionals and agencies for the benefit of their patients/clients and the wider community. 9. Physiotherapists take responsibility to maintain their own health …
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Papers by Jeanne Snelling