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Conscientious objection to abortion: how to strike a legal and ethical balance between conflicting rights?
Acta Biomed
August 2022
Trauma Unit and Emergency Department, IRCCS Galeazzi Orthopedics Institute, Milano, Italy.
The Italian Supreme Court ruling no. 18901 of May 13, 2021 has determined that doctors who are opposed to abortion can refuse to perform it on grounds of conscience, but such a refusal does not exempt them from providing assistance to the woman before and after the procedure itself. The legalization of abortion should be considered within a broader strategy to put an end to underground and unsafe abortions, to raise awareness and enhance reproductive education and accessibility to contraceptive methods.
View Article and Find Full Text PDFWhen Residents Let Conscience Be Their Guide: Professional Development and Educational Opportunity.
Acad Pediatr
April 2018
Children's Mercy Bioethics Center, Children's Mercy Kansas City, Kansas City, Mo.
Residency is a time of professional identity formation. During this time, residents may first be exposed to conflicts between professional duties and personal beliefs which may lead to a request for a conscience-based exemption. Faculty, whether the supervising attending or the program director, have an important role in the professional and ethical development of residents by acknowledging and supporting residents as they encounter these potential conflicts.
View Article and Find Full Text PDFConscience and Agent-Integrity: A Defence of Conscience-Based Exemptions in the Health Care Context.
Med Law Rev
November 2016
Law School, Bowland North, Lancaster University, Lancaster LA1 4YN, UK.
Selling conscience short: a response to Schuklenk and Smalling on conscientious objections by medical professionals.
J Med Ethics
April 2017
School of Social Work, Université du Québec à Montréal, Montreal, Quebec, Canada.
In a thought-provoking paper, Schuklenk and Smalling argue that no right to conscientious objection should be granted to medical professionals. First, they hold that it is impossible to assess either the truth of conscience-based claims or the sincerity of the objectors. Second, even a fettered right to conscientious refusal inevitably has adverse effects on the rights of patients.
View Article and Find Full Text PDFWHEN CONSCIENCE ISN'T CLEAR: GREATER GLASGOW HEALTH BOARD v DOOGAN AND ANOTHER [2014] UKSC 68.
Med Law Rev
August 2016
Strathclyde Law School, University of Strathclyde, 50 George Street, Glasgow G1 1QE, UK
The Supreme Court's judgment in Doogan is a judicial review of a decision by Greater Glasgow Health Board regarding the scope of the conscience-based exemption in section 4(1) of the Abortion Act 1967. The case progressed through the Outer and Inner Houses of the Court of Session in Edinburgh before final judgment was delivered in the Supreme Court by Baroness Hale on December 17 2014. The Supreme Court eschewed consideration of the human rights dimension of the case (which had featured in the Outer House decision) and approached its judgment as 'a pure question of statutory construction'.
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