Resolution Adopted by the CCAR
Newborn Infants Unable to Live without Massive Medical Intervention
Adopted by the CCAR at the 98th Annual Convention of
the Central Conference of American Rabbis
1987
WHEREAS Judaism cherishes newborn life and believes that every newborn is a nefesh
, a human being created in the image of God, and possesses certain fundamental rights,
including the right to adequate nourishment, appropriate health care, and humane
medical treatment, and
WHEREAS new medical and surgical techniques, drugs, and technology make it possible
to prolong the lives of newborn infants whose medical problems would once have meant
certain death, and
WHEREAS such developments offer to Jews, for whom the preservation of life is a supreme
mitzvah
, tools for the sacred task of pikuach nefesh
, and
WHEREAS the measure of life is not merely quantitative, but is also qualitative, and
thus, in deciding whether to render life-prolonging medical treatment to a severely
defective infant, the quality of life that the child would experience after treatment
must be taken into account, and
WHEREAS in all cases, decisions concerning the care of a seriously deformed infant
must be based solely on the child’s best interest, and
WHEREAS given Jewish tradition’s extraordinary emphasis on the saving of human life,
the decision to withhold life-prolonging medical treatment from an infant can be
justified only when there exists a moral certainty that either no rational person
could conceivably prefer life in the condition that the infant will attain after treatment
to death OR the infant is totally and permanently devoid of all higher functions
characteristic of humanity, and
WHEREAS even when the withholding of life-prolonging care is justified, the infant
is entitled to palliative care and must not be abandoned. The Jewish tradition’s
prohibition of positive action to hasten death remains in force and must be respected,
and
WHEREAS one special aspect of cases involving infants is the patients’ inability to
participate in decisions concerning their own care, as Jewish tradition and American
law entrust minor children to their parents and empower parents to make decisions
on their children’s behalf, and
WHEREAS the Justice Department has intruded into rights viewed as parental prerogatives,
THEREFORE BE IT RESOLVED that the Central Conference of American Rabbis affirms that
1. Decisions concerning providing or withholding medical care to infants are the right
and responsibility of parents, to be made in accordance with the highest values of
their faith, and in consultation with physicians and clergy.
2. It is the responsibility of medical personnel to be certain that parents are aware
that a range of options exists, from that of providing life prolonging treatment
followed by institutionalization or adoption to that of providing only palliative
care at home.
3. It is not the business of government agencies to intrude upon the confidential
relationship of a family with its physicians and clergy or to interfere with parental
decisions concerning an infant’s treatment.
4. It is the right of parents to make decisions about the care of their minor children,
and it is their responsibility free of government interference, except in cases of
obvious parental neglect or willful misconduct.