If the baby was considered to be doomed anyway, if the baby was endangering Deanna`s life doesn`t change the fact that we were not talking about removing a dead baby in order to save the mother. The baby was alive.
Well, that depends on how you define when a fetus gains personhood. It's a bit like asking when scruff becomes a beard -- it's hard to figure out where the line is between "collection of cells" and "baby."
What is legal is not necessarily what is right. I still find it sickening that Starfleet has the legal right to give such an order.
I find it sickening that anyone would
refuse such an order and still be an active-duty officer. Someone in Deanna's state of mind at that time is simply incapable of performing his or her duties competently, and for her to not resign her commission or at least request leave while she worked through the issue was grossly negligent.
Let's make it clear: Starfleet does not have the right to forcibly perform abortions all willy-nilly on its officers, but it
does have the right to compel them to undergo life-saving medical treatments if those individuals are currently commissioned officers and refuse to undergo such treatments.
One hopes that there are exceptions when that Vulcan officer requires a mind meld to survive but is refusing it. Otherwise, we would have stumbled upon a
profound inequality under the
Starfleet Code of Military Justice. But from what we know from
Gods of Night, the SCMJ seems to require CMOs to "not allow, either by action or omission of action, personnel under their medical charge to bring themselves to harm or death."
What happened to Deanna is the consequence of joining a military organization and surrendering certain rights unto that organization. It is not a violation of Deanna's rights to force her to undergo a life-saving medical procedure, because
she consented to the loss of those rights by choosing to join the Federation Starfleet and to submit herself to the Starfleet Code of Military Justice.
Voyager wasn't exactly being run according to the SCMJ. Amongst other things, if they were, B'Elanna would have been subject to a court-martial for treason for having joined the Maquis long beforehand. Ergo, the choices that Captain Janeway made aboard
Voyager are not evidence of binding legal precedent.
I'm not saying that Commander Troi should have been found mentally incompetent to make any choices for herself by civilian standards. But by the standards of Starfleet, she was clearly incapable of competently executing the duties of her uniform, and ergo should have requested a leave of absence. That she did not -- and that Captain Riker did not relieve her of duty -- was dereliction of duty. It endangered the ship -- and, furthermore, Captain Riker's refusal to issue such an order illustrates perfectly how his having his wife under his command constitutes a conflict of interests that severely interferes with
his willingness to execute his duties properly.
I agree completely. Commander Troi should have requested a leave of absence and then undergone the sort of mental health treatments necessary to restore a more balanced and mentally competent frame of mind, and upon her return to duty, her time off and her treatment should in no way have been held against her or used to undermine her judgment. But the
fact that she didn't request to be relieved of her duties was the mistake --
this was the choice that deserves condemnation, not the actual fact that she was undergoing a mental health crisis.
No, because in that instance, Lieutenant Kedair acted responsibly: She evaluated herself as being mentally unfit to perform her duties and requested that she be relieved of her duties. Upon being evaluated by a mental health expert (Captain Dax), this expert deemed her
not to be mentally incompetent to perform her duties, and she was returned to duty. Everyone involved behaved responsibly: Lieutenant Kedair made the responsible choice to make sure that her mental health issues would not lead her to improperly or incompetently discharge her duties, and Captain Dax determined that this choice was unnecessary because her fears of an inability to function were inaccurate.
If Commander Troi had requested that she be relieved of duties for the duration of the mental health and pregnancy crises, I would have considered this a completely responsible choice and would not argue that she deserves to be brought up on charges of dereliction of duty.
Mind you, that is a
separate issue from whether or not she had the legal right to refuse life-saving medical treatment. Even upon being relieved of duty, had she continued to refuse medical treatment, she should then have been brought up on charges of disobeying an order from her chief medical officer and endangering herself. If she wanted to avoid this, she should have resigned her commission -- remember, even in the midst of all this, she retained ultimate control over her own body via that option. But if she wanted to stay in Starfleet, she had no right to refuse life-saving medical treatment.
No, only people who are clearly so embroiled in mental crises that they are obviously incapable of competently discharging their duties -- which Commander Troi clearly was. No one undergoing such an extreme mental health crisis can reasonably be expected to deal with issues of life and death in an emergency; to do so would be unfair both to Commander Troi and to her shipmates.
We've had this debate before, and that's a weak argument that proceeds from false premises. Militaries are
not institutions that do not practice exploration -- historically, that, along with diplomacy, was considered to be one of
the primary functions of a military -- and in point of fact, the military today
still performs missions of scientific research.
That Starfleet is not militarist
ic does not mean that it is not a military -- as evidenced by its courts-
martial, by numerous references to it being a military, and by the Starfleet Code of
Military Justice established in
Gods of Night.
Nowhere. They're all Starfleet officers, they are all charged with the defense of the Federation in times of war, they all make up the Federation's armed forces. That this is an armed force that performs non-combat-related functions as well as combat functions does not mean that they are not all equally military officers.
You're jumping to conclusions. More than likely, Ree would have been well aware that after forcing her to undergo an abortion, Commander Troi would be in a profound mental health crisis and would subsequently require mental health treatment before returning to duty. He's a
doctor, not a monster. His whole point was
saving his patient, and doing so in accordance with the dictates of the SCMJ, which
explicitly forbade him from allowing her to kill herself.
I was downright pissed off. It's a fundamentally irrational choice that's incredibly dangerous. And sure enough, what happened? She went into labor in the middle of a mission.
Not really. Numerous episodes have made it clear that an officer can choose to resign his or her commission at any point. Had Commander Troi decided to, she could have resigned her commission and thereby prevented Dr. Ree from subjecting her to treatment as a civilian. Basically, she had a choice: Stay in Starfleet and submit to medical treatment, or become a civilian and retain control over her health.
My, we are quite enamoured of our own rhetorical skills, aren't we?
Sorry to say, I'm less so.
Because this is getting heated, I want to make one thing very clear:
Nothing in the argument is personal in any way. I have nothing but respect for the individuals I am debating with, and in particular,
A Less Perfect Union is one of my absolute favorite
Star Trek stories ever.
Having said that, we have a very profound disagreement over what the canonical evidence indicates -- and in any event,
Gods of Night firmly establishes via the SCMJ that a CMO can order an officer to undergo treatment.