Approved by the NCIL membership July, 2005
WHEREAS, the right to food and water is a basic human right; and
WHEREAS, the past few years have seen highly publicized legal battles seeking to remove restrictions on starvation and dehydration of people with cognitive disabilities; and
WHEREAS, numerous states have enacted statutes removing restrictions on the starvation and dehydration of people with cognitive disabilities; and
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 professional devalue the life of the person in question; and
WHEREAS, twenty-five national disability groups have adopted a position, in response to the Terri Schaivo case in Florida, opposing involuntary starvation and dehydration.
BE IT THEREFORE RESOLVED: 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.
Submitted by: Diane Coleman
