sws4420
03-09-2005, 10:01 AM
Washington, Mar 8 - On Tuesday, March 8, U.S. Representative Dave Weldon, M.D. (FL-15) introduced H.R. 1151, the “Incapacitated Person’s Legal Protection Act.” This bill would explicitly clarify fundamental due process rights for those who are incapacitated, are under court ordered removal of nutrition and hydration and have no written advanced medical directive in effect.
“Terri Schiavo, and men and women like her, deserve the same due process rights that death row inmates are granted. When a court is making a life or death decision for a disabled person who has been charged with no crime, shouldn’t they be afforded independent counsel to speak on their behalf?” Weldon said.
Terri is in the center of a dispute between her husband – who insists on her death, and her parents – who say Terri wants to live. The court has never considered independent council representing Terri - despite conflicting reports as to her condition – and the court’s decision could cost Terri her life. This bill would act as a safe-guard for people like Terri by giving them a voice of their own.
“Our Constitution guarantees that no life will be taken without due process of law and guarantees equal protection under the law. We need to make sure that these protections are clearly available to the disabled and incapacitated,” said Weldon.
Due process protections, like habeas corpus appeals, are legal procedures that allows courts to review whether someone is being unlawfully deprived of the fundamental protection of liberty. In a life or death situation, such as inmates on death row, this procedure is used to avoid the death of an innocent person by conducting fact-finding procedures. Current law does not explicitly apply this same right to disabled or incapacitated individuals who are subject to court-ordered removal of food and water.
http://weldon.house.gov/News/DocumentSingle.aspx?DocumentID=7156
“Terri Schiavo, and men and women like her, deserve the same due process rights that death row inmates are granted. When a court is making a life or death decision for a disabled person who has been charged with no crime, shouldn’t they be afforded independent counsel to speak on their behalf?” Weldon said.
Terri is in the center of a dispute between her husband – who insists on her death, and her parents – who say Terri wants to live. The court has never considered independent council representing Terri - despite conflicting reports as to her condition – and the court’s decision could cost Terri her life. This bill would act as a safe-guard for people like Terri by giving them a voice of their own.
“Our Constitution guarantees that no life will be taken without due process of law and guarantees equal protection under the law. We need to make sure that these protections are clearly available to the disabled and incapacitated,” said Weldon.
Due process protections, like habeas corpus appeals, are legal procedures that allows courts to review whether someone is being unlawfully deprived of the fundamental protection of liberty. In a life or death situation, such as inmates on death row, this procedure is used to avoid the death of an innocent person by conducting fact-finding procedures. Current law does not explicitly apply this same right to disabled or incapacitated individuals who are subject to court-ordered removal of food and water.
http://weldon.house.gov/News/DocumentSingle.aspx?DocumentID=7156