Friday, January 8, 2010

Questions of Duty

While we are encouraged by our dreams to not say no to challenges, there are times in life when we have to pause and reconsider the consequences of never saying no.

Judge Cortez’ declaration to not accept the random assignment of presiding over the mass murder case in Maguindanao was perhaps to him one of those times. To the judge, safeguarding the life of his family was foremost yet it was a reason as unbecoming as it was sensible considering the names involved. Perhaps this is not the first time that a judge has denied presiding over a case but this is one of those that have been made big because of the gravity of the circumstance and the extensive exposure that has been afforded it in the past weeks.

One cannot deny that the decision itself was not simple because not only did it affect him and possibly the case, but most relevant is the impact it had to the issue of duty to ones profession (not only to that of judges per se); but also to those whose work entails some level of danger and hazard--- media men, police and (though not mentioned in the news), doctors and nurses.

If one is to judge him as a family man, that act would have counted him as commendable but as in the opinion of his colleagues seen in the news, he is someone sworn to a particular oath of duty that though subject to exceptions, it was still better for his reputation, the reputation of his profession and for many other reasons that he did not back off the assignment.

‘What would someone do with fame if he loses all else most important to him?’ is the rhetoric held on to by those who believe in the sensibility of his choice; but to those whose principles rise above self, ‘It is his sworn duty to accept a case no matter what it is’ is the gist of their rebuke.

It is not without benefit that an issue such as this has been brought into public view again. People need to know their rights regarding this matter to prevent exploitation, to protect themselves etc. and professionals need to know or review their duties as well.

In the profession whose laws and ethics I am most aware of, that of nursing, a nurse cannot say no to taking care of a patient even if he has active tuberculosis, AIDS and other diseases which are easily transmissible because of the fear of being infected because of his sworn duties of promoting health, preventing illness, restoring health or if not possible, assisting to a peaceful death.

Besides, they say that when one chooses a career and practices it, he is entitled to the benefits just as much as he is entitled to the risks and where he accepts all things good afforded by his profession, he too must accept with the same willingness the not so good things that go with it.
And that is not even an idea known only by educated people.

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