The Church and the State need to disagree on asylum seekers

Politicians don’t always get how church and state relate, but both have a vital and different role to play when it comes to immigration. Graham Tomlin explores the age-old tensions between clerics and politicians

Graham Tomlin

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

A woman dressed in a blue suit sits at a table talking and gesticulating with her hands.

Then Home Secretary Suella Braverman, answer to a parliamentary committee, December 2022.

House of Lords, CC BY 2.0, via Wikimedia Commons.

As we all know, Suella Braverman thinks the church is aiding and abetting bogus asylum seekers. The case of the Afghan migrant Abdul Ezedi, who carried out an acid attack on a woman and her children and reports that residents of the Bibby Stockholm barge were attending churches nearby has added fuel to the former Home Secretary’s charge that churches are naively supporting the asylum claims of immigrants to the UK. Everyone on the right of British politics seems to have weighed in to the issue, from Nigel Farage to Priti Patel, Robert Jenrick to Melanie Phillips. Now, even the left has joined in. Keir Starmer has indicated he would close loopholes for those who falsely claim conversion if he becomes Prime Minister (quite how he will do that is not explained).

I feel personally invested in this story. When I take confirmation services as a bishop, quite regularly these days, among the list of candidates, there will be Iranian or Syrian refugees who have apparently become Christians, waiting in line among the 12-year old schoolkids, the new parents who want spiritual help in bringing up their children and the elderly man approaching death who realises he needs do something he’s been putting off for years.

I have confirmed several Iranian refugees. I can’t look into their heart, or even my own to guarantee all of them were genuine converts. Yet I have seen their desperation to escape an oppressive regime, and although some may have started out coming to church to improve their chances of asylum, in the process some of them at least, have found, to their surprise, real faith. Several that I know have gone on towards ordination in the Anglican Church. If that is a ploy to get past the immigration system, it does seem to be taking things a bit far.

It’s hard not to think the attack on the church is some kind of retaliation for the bishops’ opposition to the government’s Rwanda scheme. But underneath this argument there are deeper issues at play.

The wrath of God is more severe than the wrath of Suella. And the generosity of God is wider than the Home Office.

This dispute is in reality another outbreak of the age-old tension between the Church and Caesar. In the early years of the church, Roman emperors never really understood Christianity and thought they could use it for the purposes of the Roman Empire just like they were used to doing with the pagan cults.

Yet the Christians had other ideas and higher loyalties. As Augustine put it, the loyalty of the church is ultimately to the City of God rather than the earthly city. And in time, they developed a careful understanding of the way the church related to the state.

So when it comes to immigration, the church will always take a different approach from the state. St Paul, in the very early years of the Christian Church, wrote: “Welcome one another, therefore, just as Christ has welcomed you.” In the very foundations of the Christian faith was this idea that even though we humans were moral and spiritual vagabonds, God has extended us a welcome into his presence. So woe betide any Christian who failed to welcome others into their fellowship if they wanted to join.

If the Christian life was a matter of imitating and displaying God's ways in the ordinary business of life, then hospitality became one of the core Christian virtues. As one early Christian writer put it: "Do not neglect to show hospitality to strangers, for by doing that some have entertained angels without knowing it." To risk offending an angel - a messenger of God – was a bad idea. The wrath of God is more severe than the wrath of Suella. And the generosity of God is wider than the Home Office.

Now of course such hospitality could be abused. The New Testament also has warnings about naively welcoming scoundrels who speak falsehood and lies: "Do not receive into the house or welcome anyone who comes to you... for to welcome is to participate in the evil deeds of such a person." So, the early Christians were told to be on the lookout for fakes, just like clergy today. Walk down a street with a dog collar and you are a magnet for people telling you that they have lost their wallet and could you give them the train fare to visit their dying mother in Newcastle. With their doctrines of sin and the deceitfulness of the human heart, vicars should know more than most that not every claim to charity is genuine. Yet that dose of realism always took place in the context of a presumption to welcome. To think the best of people not the worst. To give people the benefit of the doubt.

The state on the other hand has a different role. Later political theology developed more nuanced ways of putting it, but it goes back to St Paul’s claim that civil authorities are “God’s servants, agents of wrath to bring punishment on the wrongdoer.” It is their job to be suspicious, to investigate fully, to winkle out fake claims and to set proper limits, while tempering justice with mercy and be willing to welcome the genuine person in need. And wisdom is found in the tension between the two. It was always a mistake for the church to act like the state, being overly suspicious and critical. It was equally a mistake for the state to act like the church, being overly optimistic about all claims to asylum or innocence.

So, when asylum seekers turn up at church asking to be baptised, the local vicar should not act like an agent of the state, assuming they are all bogus, just wanting to fiddle the system. She must act out of loyalty to her faith which tells her to welcome the stranger. The immigration officer on the other hand, whether he happens to be Christian or not, has to play it differently. Of course, there needs to be proper scrutiny of people's application for asylum - that's why we have an immigration system and quite right too. But vicars are not immigration officers. Their job is not start out by doubting motives but to act out the welcome of God, even if it draws the ire of the Daily Telegraph. This is the way that church and state should work together, one reminding the other of the Kingdom of God - a whole different way of life where welcome and grace takes centre stage. The other, conscious of the human tendency to deceive, being rightly cautious.

Suella's problem is, at root, a theological one. She hasn't understood the way Christian faith works. She hasn't understood the relationship between the church and the state. And let's be honest, sometimes in the past, the Church has tried to play the role of the state as well, which is equally a mistake. There is an inevitable tension in this relationship, where sometimes the church will believe the state is being too harsh, or the state will believe the church is being too soft, as we have seen in recent times. But it's one of those creative tensions where each side needs the other.

Perhaps in other, wiser ages, we understood this delicate balance between church and state, and the careful work that went into defining their relationship. Maybe it's time to recognise the role that each plays, not just for the sake of a healthy social life, but for the sake of those people who come to our shores desperately seeking a new life – whether with good motives or bad.

Article

Assisted dying

Comment

Politics

25 November 2024

7 min read

Assisted dying hasn’t resolved Swiss end of life debates

Despite attempts to normalise it, new challenges still arise.

Markus Zimmerman

Markus is Professor of Moral Theology and Ethics at the University of Fribourg, Switzerland.

A single bed, wiith an unmade colourful duvet stands in the corner of a room. A hoist reaches over it from the corner.

The dying room, Dignitas Clinic, Zurich.

Dignitas.

While countries such as Germany, France or the UK are currently struggling to find a suitable regulation for assisted suicide, their peers in the Netherlands, Canada and Switzerland have years of experience with the controversial medical practice. Even if each state must explore its own ways of dealing with these ethically controversial issues, it is obvious that international experience should not be ignored as they try to find a way forward.

In Switzerland the discussions and challenges surrounding assisted suicide are increasing rather than decreasing. Contrary to the idea that a liberalisation of assisted suicide would lead to fewer debate, tensions and difficulties are increasing. My observation, and thesis, indicates that practices such as assisted suicide cannot be “normalised”, even in the medium and long term.

Developments

In recent years, one to two per cent of all deaths in Switzerland were due to assisted suicide. From an overall perspective, this practice is therefore still a marginal phenomenon. However, a look at the total number of assisted suicides per year gives a different impression, as this has increased more than fivefold in the years between 2008 and 2020, from an initial 253 to 1,251 deaths per year, a rising trend. The cause of death statistics for Switzerland only include those cases of assisted suicide in which persons resident in Switzerland were involved and the death was reported to the authorities. According to the Swiss Federal Statistical Office, in 2020, it was mainly people over the age of 64 who made use of assisted suicide. Detailed information on the underlying illnesses of the people affected in 2018 shows that about 40 per cent were affected by cancer, just under 12 per cent by diseases of the nervous system, a further 12 per cent by cardiovascular diseases and just over a third by other illnesses, including dementia and depression. There are currently seven right-to-die organisations in Switzerland which play a leading role in a typical assisted suicide procedure. They work closely with doctors who are prepared to prescribe a lethal drug, generally Pentobarbital. The data reflects an ambivalent picture: on the one hand, the proportion of assisted suicide cases is relatively low in relation to all deaths and, for example, in comparison to the large number of people who die in Switzerland in a state of deep sedation until death; on the other hand, the number of assisted suicides in Switzerland has risen sharply in recent years.

Perceptions and assessments

Since the 1990s, the public perception and assessment of assisted suicide in Swiss society has changed from an initially cautious and sceptical attitude towards broad acceptance. While the debates in other countries are characterised by relatively sharp controversies between those in favour and those against, public discourse in Switzerland has been less polarised. There are indications of a certain normalisation of the situation, the strongest sign is that Switzerland has so far refrained from regulating assisted suicide in a separate law. The results of a recently-published study on the opinions of Swiss people over the age of 55 regarding assisted suicide confirm these impressions.: The survey showed that over four-fifths of respondents support legal assisted suicide, almost two-thirds can imagine asking for assisted suicide themselves at some point, and that almost one-third are considering becoming members of an right-to-die organisation in the near future, with one-twentieth of respondents already being members at the time of the survey in 2015. Among people with a higher level of education and older people aged between 65 and 74, approval of assisted suicide and corresponding practices was higher than among less educated, younger and very old people; approval was also significantly lower among religious practitioners.

Sensitive topics

The fact that assisted suicide enjoys broad support in Swiss society as a whole does not mean that there are not difficult and controversial aspects relating to its practice. Relevant topics include, in particular, places of death, authorisation criteria and procedures.

Places of death: Assisted suicide is permitted also for mentally ill persons in psychiatric clinics, but the federal court recommends great caution here and requires two psychiatric expert opinions to ensure that the person willing to die is capable of judgement with regard to the desire to commit suicide. Although assisted suicide for children and adolescents has hardly been an issue in Switzerland to date, the corresponding debates are currently being held in Canada and elsewhere. The question of whether people in prison also have a right to make use of assisted suicide, has been the subject of intense debate in Switzerland for years, with a generally positive response. The question of whether right-to-die organisations should be given access to acute hospitals and nursing homes is still the subject of controversial debate, with regulations varying from hospital to hospital, nursing home to nursing home

Authorisation criteria: With regard to the admission criteria for persons willing to die, the capacity for judgement is at the centre of attention: while the importance of the criterion is undisputed in itself, there is a struggle for reliable standards and procedures to reliably test this criterion. Since the publication of the SAMS ethical guidelines Management of Dying and Death in 2018, the criterion for end of life and, depending on this, that of unbearable suffering have received new attention due to an objection by the Swiss Medical AssociationFMH. While the guidelines are based on the criterion of unbearable suffering, the FMH wants to stick to the near end of life. It is certainly difficult to diagnose the existence of unbearable suffering, as the international debate on the significance and assessment of existential (neither physical nor psychological) suffering shows. This difficulty is illustrated by the debate that has been going on for several years in Switzerland about so-called old-age suicide and the inherent criterion of tiredness of life. At the centre of the dispute is the legally difficult question of whether a doctor is also allowed to prescribe a lethal drug to a healthy person.

Procedures: Here the role of the medical profession and right to die organisations is by far the most important issue. In contrast to the physician-centred models in Belgium, Canada and the Netherlands, the Swiss model of assisted suicide is based on the idea that every person has the right to end their life and may call on the help of any other person to do so. Although the medical profession is usually involved in the process, the management of the procedure is normally the responsibility of a right-to-die organisation. This division of responsibilities is always up for debate when legal regulations are being considered, in which doctors should tend to take the lead in the process due to their professional background. There is also a debate about how and by whom compliance with the authorisation criteria should or could be monitored, whereby it remains to be decided whether this should be carried out before or after the death. At present, a certain amount of monitoring takes place following a suicide, insofar as the authorities investigate the cases afterwards. There is also debate as to whether Pentobarbital is a suitable means of suicide, especially if this barbiturate is not administered intravenously but taken orally; there is no knowledge of how many cases are currently administered intravenously and by whom an infusion is then set up. Last but not least, consideration has already been given to the use of lethal drugs, such as helium gas, which can be obtained over the counter.

Attempts at regulation

Political efforts to regulate assisted suicide in Switzerland in a more nuanced way than today have been made since the 1990s but have remain largely without consequences to date. In relevant judgements by the Federal Supreme Court or in statements by the Federal Department of Justice and Police, reference is regularly made to the ethical guidelines of the SAMS. These are classified as soft law and are therefore not legally binding, even though their content has become the subject of dispute. The National Advisory Commission on Biomedical Ethics (NCE) had already recommended more far-reaching legal regulation in 2005 as part of a detailed opinion on the subject; in the opinion of the NCE at the time, the review of authorisation criteria, a justifiable regulation of assisted suicide for the mentally ill, children and adolescents and state supervision of right-to-die organisations, should be ensured by law. The question is what form a legal regulation can take that grants the medical profession far-reaching powers but at the same time prevents medical paternalism (in favour of or against assisted suicide). From the perspective of Swiss experience, this is “a square circle”: either the doctors retain the final decision on who receives the barbiturate, or official access rules are established, the review of which does not generally require medical expertise.

The outlook

In the short and medium term, it can be assumed that the number of assisted suicides in Switzerland will continue to rise. The coronavirus pandemic and the particular difficulties faced by nursing homes during this time are likely to exacerbate this increase. In view of these expectations and the legislative processes in other European countries, pressure is likely to increase in Switzerland to create a legal regulation. Overall, I think politically it will be important to create a legal regulation, in order to ensure legal equality and legal certainty on the one hand and prevention of abuse and expansion on the other. At the centre of social-ethical reflection is the challenge of learning to deal with the pluralism of different ideas of a good death and to develop and establish alternative models to medically assisted dying. The thesis I mentioned at the beginning is confirmed today: assisted suicide in Switzerland can hardly be normalised; new problems, challenges and demands are constantly arising. Suicide, whether with or without the help of another person, always means an existential transgression that defies normalisation.