Info: RIGHTS OF PEOPLE WITH DISABILITIES TO FOOD AND WATER RESOLUTION

WHEREAS, many hospitals have enacted "futility" policies that enable
medical providers to overrule the wishes of individuals with disabilities
and their families when the medical professionals devalue the life of the
person in question; and

WHEREAS, twenty-five national disability groups have adopted a position,
in response to the Terri Schiavo case in Florida, opposing nonvoluntary
starvation and dehydration;

THEREFORE BE IT RESOLVED THAT, NCIL supports legislation that
restores and maintains restrictions on surrogate decisions for withholding
of food and water via tube.  Specifically, legislation should only allow for
withholding of food and water in the presence of "clear and convincing
evidence" of the person's wishes or when the person's medical
condition renders them incapable of digesting or absorbing the nutrition
and hydration so that its provision would not contribute to sustaining the
person's life.

BE IT FURTHER RESOLVED, that centers for independent living in
each state are encouraged to advocate for legislation and other public
policies to establish or restore constitutional restrictions on the
starvation and dehydration of people with cognitive disabilities.

BOARD SUMMARY

SUMMARY:  This resolution calls for a much higher (the highest there
is, clear and convincing evidence) evidentiary standard to be used in
determining when to remove nutrition and hydration from people with
cognitive disabilities.  The resolution further encourages NCIL members
to advocate for laws and public policies that maintain, establish or
restore such evidentiary standards to protect people with cognitive
disabilities.

MISSION:  This resolution is consistent with NCIL's mission of civil
and human rights for people with disabilities by advocating protection
of the basic right to food and water unless the individual clearly states
that they do not wish to continue to receive basic sustenance.

RESOURCES:   Impact on resources would be minimal. Updates
and/or information could be provided via existing vehicles of dissemination.

PRIORITIES/ GUIDING PRINCIPLES/VALUES: This resolution does
not impact or inform existing priorities.  It is consistent with NCIL
values and principles in terms of respecting freedom, control of
destiny, and promoting civil and human rights regardless of nature
or type of disability.

LEGAL IMPLICATIONS: None

The NCIL Board recommends that the NCIL membership support
this resolution.

The sad reality of the Schiavo case was that senators on both sides of the aisle were happy to make a media spectacle of her, while not understanding that removal of feeding tubes and denial of food and water is not unusual in the "care" of people with severe disabilities, especially with infants. What could have been a genuine moment of learning for all of Americans was lost in the grandstanding and blustering.