Preimplantation
Genetic Diagnosis and 'slippery slopes'
Dr David King, Director, Human Genetics Alert 13 May
2007
Recent news stories about the development of preimplantation genetic
diagnosis (PGD) tests for familial Alzheimer's disease and congenital
fibrosis of the extraocular muscles (CFEM) have raised questions about
'slippery slopes' and the limits of PGD.
Although
not a disabled people's organisation, Human Genetics Alert approaches
these issues from a disability rights perspective. I am disabled; my
condition, though acquired, may be partly genetic. Disability rights
organisations define disability according to the Social Model of Disability,
which views disability as primarily caused not by people's physical
impairments, but by discrimination and other social factors, such as
lack of accessibility, inadequate support, etc. They contrast this with
what they view as a reductionist and often oppressive Medical Model,
which fails to see the person, but focuses on the impairment and aims
to normalise physical difference, through aggressive and sometimes unwanted
medical interventions (eg. cochlear implants), or by preventing the
birth of disabled people. Because able-bodied people, especially doctors,
focus on the impairment, they systematically underestimate people's
ability to cope with impairments and live a joyful, worthwhile life.
I would argue that if disabled people's perspectives are taken seriously,
we would view far fewer genetic impairments as really being inconsistent
with a worthwhile life, and therefore offer prenatal screening and PGD
for a far narrower range of conditions than currently.
The problem
with PGD is that in the logic of the situation it creates, there is
no inbuilt brake on what is selected against. Unlike prenatal testing,
where there is an established pregnancy, a fetus to which there is an
emotional attachment, and the choice is between something or nothing,
in PGD we must choose between multiple embryos. Since no one is apparently
harmed by the selection, what can be the objection to selection against
minor impairments or even 'positive' selection for cosmetic features
etc?
In a large
population, there will always be some parent, who, naturally wishing
to prevent their future children suffering, is prepared to take the
next step along the continuum of severity of impairment, and each step
logically justifies the next.
But the
apparent lack of harm is an illusion. I leave aside here the question
of whether we can call the existing practices eugenic. In my view we
can, and understanding the persistence and continuity of eugenics throughout
the last hundred years makes a big difference to the way we think about
these issues. But for present purposes it does not matter what we call
it: the point is that real harm is being done.
From a
perspective that is based in the real lived experience of disabled people,
the contribution that they make to their families and to society and
the equal value of their lives does not require detailed exposition.
Allowing our removal harms society.
It is also
obvious that giving official sanction to allowing them to be selected
against does harm to society at large and gives a very hurtful message
to disabled people who are actually alive. Philosophers may prove to
their heart's content that allowing a negative selection is completely
consistent with combating discrimination against and increasing support
for living disabled people. Disabled people who live in the real world
know better. Everyone knows how society's negative attitudes towards
disabled people put direct pressure on parents, especially disabled
parents, to avoid having disabled children. Would we expect a black
immigrant, living in a hypothetical country with racist immigration
laws, to believe us when we say that, despite the continued existence
of these laws, every one is really delighted that they are here? These
messages are hurtful to disabled people and are inconsistent with the
values of our society that professes to value diversity and abhor discrimination.
Colin Gavaghan recognises the truth of this in his recent BioNews Commentary
(1), but argues that we should therefore remove all restrictions on
selection, a perverse conclusion that can only be explained by a severe
dose of neoliberal ideological bias. It is clear that the less severe
the conditions selected against, the stronger is the message that disabled
people in general are an annoying burden and it will be much better
if they were not around, and the narrower becomes the socially acceptable
range of physical differences.
So, we
have two opposing very significant values, of avoiding suffering to
individuals and avoiding harm to society: we must strike a balance and
this inevitably means 'drawing lines', although there should always
be some room for the views and circumstances of different families to
be taken into account.
I am sometimes
told that I am hard-hearted in trying to draw lines. Those who make
such accusations should consider their own sensitivity to the suffering
of disabled people in a society which seems happy to prevent their coming
into existence. I am not opposed to using PGD for the most severe conditions,
whether suffering is great and the condition invariably fatal and untreatable.
But late onset disorders, especially where the odds of ever developing
the condition may be close to 50/50 and preventive and curative treatments
exist and/or are likely to be developed in the future, are at least
one step too far.
In the
debate on genetics, disabled people often complain that genetic research
provides tools to prevent disabled people being born, but offers them
nothing by way of treatment. Geneticists respond that their aim is not
to eliminate disabled people, and that they are confident that research
will provide cures, although they acknowledge that this will take time.
Very well, let us take them at their word. According to this argument
PGD may legitimately be offered for severe early-onset conditions, but
for conditions which will not be manifest for several decades, we should
certainly not offer PGD, since we must expect treatments to be developed
in that time. To offer PGD in such cases would appear to vindicate disabled
people's suspicion that these technologies are being developed in order
to prevent disabled people being born.
In my view
the phrase 'serious medical condition', which the HFEA uses as its main
criterion has been stretched beyond breaking point in the case of CFEM,
where pain is not a major issue, the impairment has no impact on life
expectancy and treatments exist. The trouble is that the word 'serious'
is not unambiguously defined in medical discourse and has everyday meanings
which interfere. An example is genetic predisposition to breast cancer,
which is, in everyday parlance a serious disease, yet it is late onset,
the penetrance is still unclear and treatments exist. The word 'serious'
is used to offer the public reassurance that PGD is not being used to
prevent minor conditions, but in fact it does not offer the necessary
protection.
If we want
to take seriously the harmful social consequences of selection against
more minor impairments, and since we cannot realistically expect parents
to put these before the suffering, however minor of their own children,
society has to exert its influence, through state regulation. Doctors
cannot be trusted to self regulate, not only because they often have
financial incentives to take patients, but because their primary focus
is always on preventing suffering and, of course, they are steeped in
the Medical Model.
There is
inadequate space here to spell out what all the elements of an adequate
regulatory guidance would look like. I am not talking about a rigid
list of conditions, but rather a set of criteria. There must be flexibility
to deal with individual family circumstances, but the voice of disabled
people and of society at large needs to be heard much more strongly.
Most crucially, we need to create a society in which disabled people
are welcomed, supported and treated as equals. When we have achieved
that, we can look again at the criteria for offering PGD, but until
then we should err on the side of restriction.
References:
1. Embryo
testing: Why drawing lines risks devaluing the disabled C Gavaghan,
BioNews March 13 2007