Académique Documents
Professionnel Documents
Culture Documents
net/publication/266739318
CITATIONS READS
0 185
1 author:
Ilhan Ilkılıc
Istanbul University
97 PUBLICATIONS 143 CITATIONS
SEE PROFILE
Some of the authors of this publication are also working on these related projects:
All content following this page was uploaded by Ilhan Ilkılıc on 12 October 2014.
İlhan İlkılıç1
In the last few years, the subject of culture in bio-medical ethics has
become more and more important in professional discussions, publica-
tions and research projects. Many different subjects have been discussed
and researched in this area, such as the meaning of culture in the con-
text of health care, the question of universal validity of ethical principles
in a globalized world and the necessity and possibility of a unified reg-
ulation of clinical studies by international guidelines and declarations.
In Germany, those topics have been handled more intensively since the
beginning of the 21st century, leading to the publication of books con-
cerning culture, bio-ethical topics and medical-ethical issues like eu-
thanasia (Gordijn and ten Have (eds. 2000), stem cell research (Bender
2005; Körtner und Kopetzki 2008; Joerden et al. 2009), the cloning of
human embryos (Roetz ed. 2006; Schicktanz 2003), organ transplanta-
tion (Holznienkemper 2005), and the beginning of life and its ending
(Körtner et al. ed. 2006; Rey-Stocker 2006). Many works approach these
topics from different religious beliefs or national perspectives and apply
a descriptive treatment to ethical problems. What was noticeable about
these studies and discussions was their comparative character and their
capability to compare bio-ethical questions under different religious as-
pects and ideologies.
In addition to these subject areas, the topic of health care, in an inter-
1 Istanbul University Faculty of Medicine, Dep. of History of Medicine and Ethics,
Hulusi Behcet Kütüphanesi Kat. 2, 34093 Istanbul / Capa, Turkey. E-mail: ilhan.
ilkilic@istanbul.edu.tr .
697
Health, Culture and the Human Body
698
Health, Culture and the Human Body
699
Health, Culture and the Human Body
700
Health, Culture and the Human Body
701
Health, Culture and the Human Body
intrinsic and does not need any further explanation and reflection. The
use of this approach in an ethical evaluation process would mean that
for every patient from a Chinese-Confucian tradition the autonomy of
the family has a central meaning and that the decision-making process,
which excludes the affected person, should be accepted and integrated
into medical practice. This would imply an ethical paternalism that for
good reasons is not acceptable in a value-pluralistic society. Further-
more, an unadulterated use of this approach would require an unrealis-
tic degree of moral homogeneity within a population group.
After this discussion of the normative qualities of interculturality in
the physician-patient relationship, a case study will illustrate these as-
pects in more detail.
Case
A 35-year-old man had been critically injured in a serious traffic ac-
cident. The patient had been admitted with multiple traumas, and his
diagnosis included concussion and subarachnoid hemorrhage. After
three weeks in intensive care, the condition of the patient deteriorat-
ed drastically and brain death was ascertained. The patient’s condition
indicated the possibility of organ donation. The patient had not docu-
mented a living will, nor did he possess an organ donor card. The pa-
tient had eight siblings (four brothers and four sisters); his father was
deceased. The patient’s mother lived in Germany. One of his brothers,
not the oldest one, had been appointed, as was declared, the legal guard-
ian of the patient; he spoke a very good German.
The family members were given the infaust diagnosis, upon which
two conversations were conducted with them. The first one was car-
ried out upon the request of the patient’s partner without involving the
other family members. In this conversation, inquiries were made as to
the presumed attitude of the patient towards organ donation, to which
the partner could give no concrete response. He had been an obliging
person, however, she reported. She declared that she did not want to
be involved directly in making a decision on whether he would donate
organs or not. She claimed it would be better if his siblings and mother
made this decision.
Afterwards a conversation took place with four of the patient’s broth-
ers (including his legal guardian) and two cousins. In this conversation,
702
Health, Culture and the Human Body
the issue of organ donation was raised as well and inquiries were made
to establish the presumed will of the patient regarding this issue. His rel-
atives claimed that this topic had never been raised before. The guardian
said that agreeing to organ donation would not be acceptable or rea-
sonable for the family members because according to Islamic belief, the
human organs are viewed as being merely loaned by God, and for this
reason it would not be permissible to donate them. Furthermore, he
continued, agreeing to this intervention would not be possible at all on
account of the patient’s mother, and it would be impossible to enforce a
decision to donate organs without her permission. In this conversation
issues were raised such as who was to receive the organs and what the
body would look like after the organs had been removed.
Afterwards the family members requested some time to reflect. They
wanted to discuss the issue with their mother as well; she was reportedly
in the hospital ward but, according to the guardian, she had made a
conscious decision not to take part in the conversation. Approximately
30 minutes after this discussion, the patient’s legal guardian entered the
physician’s office and declared that the family members unanimously
rejected an organ donation, whereupon the treating physician and the
physician representing the German Foundation for Organ Transplants
showed understanding for their decision.
After the talk, the family had a sufficient amount of time to bid fare-
well. At that time, there were about twelve people in the patient’s room,
including an imam. At that point, a wish was expressed to wait a little lon-
ger, because another relative was on his way to the city. This request was
granted by the treatment team. Later on, the guardian went to the doctor
in charge and told him that they were ready. In addition he requested that
he and the family members would be present when “the machines are
turned off ”. This wish was granted by the treatment team, too.
After the monitor and the respirator were turned off, the physician
extubated the patient in the presence of the brothers, briefly explained
the situation and then left the room again. After approximately one hour
the family made their final farewell and left the hospital ward. While
leaving, they expressly thanked the treatment team for the way they had
dealt with the situation on this day.
703
Health, Culture and the Human Body
Case discussion
The above case describes a situation where family members of a
brain-dead patient, a Moroccan-Muslim, were asked about organ re-
moval in the sense of an extended consent solution. After an intensive
conversation with the transplantation surgeon, the legal guardian, one
of the patient’s brothers, and the family members unanimously rejected
the request of organ removal for religious reasons. In this case, it can be
said that there is an ethical conflict of ideas between the family members
and the transplantation surgeon or the community of potential benefi-
ciaries which could had received the explanted organs.
This kind of family members’ negative attitude towards organ re-
moval is also known in intracultural contexts and therefore cannot be
classified as exceptional. With the case analysis, I will try to concretize
the cultural phenomena, by making use of the discussed classifications,
which are ethically relevant and therefore should be taken into consid-
eration in the ethical evaluation of this case.
At first sight, language barriers are not in the focus of interest and
they will not play an important role in this case. However, it should be
mentioned that there had been hardly a communication between the
patient’s mother, who seems to be an important figure in die decision
process, and the doctors in charge or the transplantation surgeon. Such
a communication would have been unproblematic due to the transla-
tion skills of her children. She declined any direct confrontation with
the treatment team, maybe with out of concern that she might lose her
decision-making power in such a conversation. It would have been im-
portant to know what the real reason for her seclusion was, because she
had a key role in forming the opinion of the other family members.
In regard to cultural practice, firstly, emphasis should be put on the
exceptionally high number of persons involved in the decision process,
including up to ten family members. There had also been a faith-specific
care for dying administered by the imam called by the family. Practic-
es of specific rituals of death, for instance Quran recitation, and oth-
er cultural practices were new to the treatment team. At this point, it
should be underlined that it would not have been possible to exercise
such cultural practices, had it not been for the availability of the neces-
sary infrastructure (like single rooms in the intensive care unit) and the
704
Health, Culture and the Human Body
705
Health, Culture and the Human Body
tion; however, it is not binding for all Muslims (Al-Mousawi et al. 1997;
Krawietz 2001; Bedir and Aksoy 2011). This is why it is important to
know which position and argument was the starting point for the family
to help them decide. Additionally, it is possible that there had been ad-
ditional reasons for the family deriving from local conditions and prej-
udices. For example, there are enormous provisos against organ remov-
al in Germany, mostly among Muslim relatives, which are not entirely
explainable through theological arguments. Prejudices play a big role,
such as the fear that because of an organ donation, medical measures
could be withheld. Another prejudice is that being a “Non-German”
could affect patient care in a negative way. Those unfounded worries
should be taken into account during a conversation about organ remov-
al with the family members of a brain-dead Muslim patient. Maybe the
question of the family members “who will get the organs” should be an
indicator to build on during the conversation.
An additional point in terms of moral diversity is the function and
role of the legal guardian in this case. This person, who spoke German
very well, had only a mediator role between the family members and the
physicians. The function of this person to represent the brain-dead pa-
tient’s interests did not seem to be important in the decision process. His
limited decision-making power became visible when he stressed that it
would be against the mother’s intention to agree to an organ removal.
It became clear that the mother’s position was characterized by tradi-
tional hierarchical structures and not defined by tasks and responsibility
assigned by the law. This attitude showed that in this case the patient’s
autonomy and the binding nature of the patient’s presumed will did not
have the highest priority.
In the beginning of this case analysis it was noted that in German
hospitals the rejection of organ removal by family members is not a spe-
cific intercultural situation.2 In our analysis, we have identified some
cultural phenomena which have ethical relevance. These characteristics
should be perceived, understood and rated to create a culturally sensi-
tive and ethically appropriate attitude.
2 Although we do not have concrete statistical data about this, it is obvious that
the willingness to donate is noticeably lower among people with a migration
background.
706
Health, Culture and the Human Body
Conclusion
When it comes to interculturality in medical practice, from an eth-
ical point of view the following question arises: Are there any essential
differences between an intercultural and an intracultural physician-pa-
tient relationship which should be taken into consideration in the argu-
mentation and evaluation of an ethical analysis and be integrated into
the ethical decision process?
If someone tries to solve the question only in reference to the forms
of conflicts, for example therapy limitation versus maximal therapy, we
will realize that there are no categorical differences between intracultural
and intercultural contexts. As in our case, the rejection of organ removal
from a brain-dead person by his or her family members and the resulting
conflict of interest among the people involved is also common in an in-
tracultural context. However, in an intercultural context there are several
arguments for the decision that seem to be strange, as they do not exist in
the cultural area of the treatment team. Those attitudes and arguments are
either related to specific faith principles or refer back to cultural practices
that in this form are not comprehensible or appear exceptional from the
moral conception of the treatment team. This is the reason why this con-
flict does distinguish itself from intracultural conflicts, if not categorically
then by degree. In my opinion, gradually different ethical conflicts in an
intercultural contexts are those that also occur in an intracultural con-
text (which means that physician and patient belong to the same cultural
area), but are not cultural practices and therefore achieve a new ethical di-
mension through interculturality. Therefore, what matters is not the type
of conflict but the culture-specific argumentation or attitude which leads
to the conflict of decision-making and interests.
For the creation of an ethically appropriate way of handling these
ethical conflicts in an intercultural context it is necessary and indis-
pensable to understand the perception, understanding and evaluation
of these cultural phenomena.
707
Health, Culture and the Human Body
References
Al-Mousawi, M., T. et al. 1997. “Views of Muslim scholars on organ donation and
brain death.” Transplant Proc 29(8): 3217.
Bedir, A. and S. Aksoy 2011. “Brain death revisited: it is not ‘complete death’
according to Islamic sources.”J Med Ethics 37(5): 290-294.
Bender, W. et al. (ed.) 2005. Grenzüberschreitungen. Kulturelle, religiöse und politische
Differenzen im Kontext der Stammzellforschung weltweit. Münster: Agenda Verlag.
Berger, J. T. 1998. “Culture and ethnicity in clinical care.” Arch Intern Med, 158 (19):
2085-90.
Blackhall, L. J. et al. 1995. “Ethnicity and attitudes toward patient autonomy.” JAMA,
274 (10): 820-5.
Bowman, K. 2004. “What are the limits of bioethics in a culturally pluralistic
society?” J Law Med Ethics, 32 (4): 664-9.
Brody, H. 1997. “The Physician-Patient Relationship.” Medical Ethics, second ed.,
edited by R. W. Veatch, 75-101. Boston: Jones and Bartlett.
Buryska, J. F. 2001. “Assessing the ethical weight of cultural, religious and spiritual
claims in the clinical context.” J Med Ethics, 27 (2): 118-22.
Eisenberg, V. H. and Schenker, J. G. 1997. The ethical, legal and religious aspects of
preembryo research, in: Eur J Obstet Gynecol Reprod Biol, 75 (1), pp. 11-24.
Eskew, S. and Meyers, C. 2009. “Religious belief and surrogate medical decision
making.” J Clin Ethics, 20 (2): 192-200.
Fan, R. 1997. “Self-determination vs. family-determination: two incommensurable
principles of autonomy: a report from East Asia.” Bioethics 11 (3-4): 309-22.
Fan, R. and J. Tao 2004. “Consent to Medical Treatment: The Complex Interplay of
Patients, Families, and Physicians.” J Med Philos 29 (2): 139-48.
Ferguson, W. J. and L. M. Candib 2002. “Culture, language, and the doctor-patient
relationship.” Fam Med 34 (5): 353-61.
Gordijn, B. and H. ten Have (ed.) 2000. Medizinethik und Kultur. Stuttgart-Bad
Cannstatt: frommann-holzboog.
Hartmann, F. 1984. Patient, Arzt und Medizin. Beiträge zur ärztlichen Anthropologie.
Göttingen: Vandenhoeck u. Ruprecht.
Hassaballah, A. M. 1996. “Minisymposium. Definition of death, organ donation
and interruption of treatment of Islam.” Nephrol Dial Transplant 11 (6): 964-5.
Holznienkemper, T. 2005. Organspende und Transplantation und ihre Rezension in
der Ethik der abrahamitischen Religionen. Münster: Lit.
Ilkilic, I. 2000. “Bioethical issues in the relationship between Muslim patient and
non-Muslim physician.” Biomed Ethics 5 (3): 125-30.
Ilkilic, I. 2002. Der muslimische Patient. Medizinethische Aspekte des muslimischen
708
Health, Culture and the Human Body
709
Health, Culture and
Health, Culture and
the Human Body Health, Culture and the Human Body
the Human Body
Epidemiology, Ethics and History of Medicine,
Epidemiology, Ethics and History of Medicine,
Epidemiology, Ethics and History of Medicine,
Perspectives from Turkey and Central Europe Perspectives from Turkey and Central Europe Perspectives from Turkey and Central Europe
Migration and Health, Infectious Diseases, Beginning İlhan İlkılıç, Hakan Ertin, Rainer Brömer, Hajo Zeeb (Eds.)
1
BETİM CENTER PRESS BETİM CENTER PRESS
9 786058 695719
Health, Culture and
the Human Body
Epidemiology, Ethics and History of Medicine,
Perspectives from Turkey and Central Europe
Editors
İlhan İlkılıç
Hakan Ertin
Rainer Brömer
Hajo Zeeb
Editors
İlhan İlkılıç, Hakan Ertin, Rainer Brömer, Hajo Zeeb
Publisher
Hayat Foundation for Health and Social Services
Contact
Kızılelma Cad. Topçu Eminbey Çıkmazı Sk. No. 30
Fındıkzade, Fatih / İstanbul
0212 588 2545 Fax. 0212 632 8579
www.betimcenter.org
Production
Selika
Design Application
Ahmet Yumbul
ISBN
978-605-86957-1-9
© 2014
Epidemiology
Storytelling for and Along with Turkish Caregivers in Germany: the saba
Study
Susanne Glodny, Yüce Yılmaz-Aslan, Oliver Razum 99
Health Policies and Cultural Sensitivity in the Care for Elder Turkish
Migrants in Austria and Germany and the Role of Turkish Migrants
Nevin Altıntop 127
INFECTIOUS DISEASES
History
Epidemiology
Current viral hepatitis B status and policy in Turkey and the relevance to
major immigration countries
Mehlika Toy 327
Doctors’ and Parents’ Perspectives on Communication Regarding HPV
Vaccination in Bulgaria
Elitsa Dimitrova, Yulia Panayotova, Irina Todorova,
Anna Alexandrova-Karamanova 341
Ethics
The Stone Tekija as a Cultic Place for the Cure of Infertility and the
Prevention of Various Diseases: Exploring Macedonian Folk Medicine
Dragica Popovska 379
Epidemiology
Ethics
Epidemiology
Ethics
Epidemiology
The Need for Cultural Competence in Health Care: The Case of Roma
Population in Poland
Agata Strządała 683
Ethics