The question: should doctors and nurses be forced by law to perform abortions or to participate in abortion by referring the woman to a medical professional who will perform the procedure? What about conscience?
Answer: Criminalise them!
Conscientious objection is only applied and can only apply in war. Thus gay cakes must be made by Christian bakers. Thus Christian doctors must perform abortions when the law says abortion is healthcare. We cannot get obeying our conscience all the time! You cannot cater for every conscience!
Even doctors who believe in abortion but at an early stage will perform later abortions. The only doctors defended by Christianity on the basis of conscience are those who will not perform abortion at all. Where you draw the line? What if surgeons will not remove an ectopic pregnancy on the basis that an innocent life, the most vulnerable of all, is going to be taken? The assertion that abortion attacks the most defenseless form of life and a life that has never hurt anyone like a grown up would have done implies that for this reason if there is a choice the baby comes first. That is why an equal right to life for mother and baby has to a smokescreen. It may be true but it can't and won't be applied and the mother will be sacrificed.
An unethical refusal to treat can be disguised as a matter of respecting conscience. You cannot read anybody's conscience for even they will struggle to read their own!
If there is a right to abortion or assisted
suicide then you have the right to force society and your family not to
prevent you from taking that action. That is one reason why we
should not be too sure that conscientious objection is a human right.
Here is an article on this subject in relation to abortion.
DOWNLOAD PDF VERSION OF THIS ARTICLE
References
- Fiala, C. and Arthur, J.H. Dishonourable disobedience −Why refusal to treat in reproductive health care is not conscientious objection. Woman − Psychosomatic Gynaecol Obstetr. 2014; 1: 12–23
- Stahl, R.Y. and Emanuel, E.J. Physicians, not conscripts-Conscientious objection in health care. New Engl J Med. 2017; 376: 1380–1385
- H./Munthe, Lafollette. C. et al./Kennett J. (Three separate articles) My conscience may be my guide, but you may not need to honor It/The legal ethical backbone of conscientious objection/The cost of conscience. Cambridge Q Healthcare Ethics. 2017; 26: 44–81
- Schuklenk, U. and Smalling, R. Why medical professionals have no moral claim to conscientious objection accommodation in liberal democracies. J Med Ethics. 2016; 43: 234–240
- Giubilini, A. Objection to conscience: an argument against conscience exemptions in healthcare. Bioethics. 2016; 31: 5
- Jacky, E. Abortion law reform. (As cited by Christian Medical Fellowship: https://www.cmf.org.uk/resources/publications/content/?context=article&id=748)Nucleus. ; 2004: 11–19
- Wicclair, M. Conscientious Objection in Health Care: An Ethical Analysis. Cambridge University Press, ; 2011
- Vélez, A.C.G. and Urbano, L.G. Improper Use of Conscientious Objection in Bogotá, Colombia, Presents a Barrier to Safe, Legal Abortion Care. (Global Doctors for Choice, Colombia)Grupo Médico por el Derecho a Decidir, Colombia; 2016
- Fink, L.R., Stanhope, K.K., Rochat, R.W., and Bernal, O.A. The fetus is my patient, too: attitudes toward abortion and referral among physician conscientious objectors in Bogotá Colombia. Int Perspect Sexual Reprod Health. 2016; 42: 71–80
- Abortion opponents undercut Council of Europe resolution on conscientious objection. (Oct 7)Center for Reproductive Rights, ; 2010
- Fiala, C. and Arthur, J.H. Victims of CO (Conscientious Objection). (http://www.conscientious-objection.info/category/victims-of-co/); 2016
- McLeod, C. Harm or mere inconvenience? denying women emergency contraception. Hypatia. 2010; 25: 11–30
- Harris, L.F., Halpern, J., Prata, N., Chavkin, W., and Gerdts, C. Conscientious objection to abortion provision: why context matters. Global Public Health. 2016; : 1–11
- Minerva, F. Conscientious objection in Italy. J Med Ethics. 2015; 41: 170–173
- Harries, J., Cooper, D., Strebel, A., and Colvin, C.J. Conscientious objection and its impact on abortion service provision in South Africa: a qualitative study. Reprod Health. 2014; 11: 16
- Savulescu, J. and Schuklenk, U. Doctors have no right to refuse medical assistance in dying, abortion or contraception. Bioethics. 2016; 31: 3
- Giubilini, A. Conscientious objection and medical tribunals. J Med Ethics. 2015; 42: 2
- Knight, N. Protesters decry Poland's proposed near-total ban on abortion. Common Dreams. 2016;
- S. Pantilat, Beneficence vs. Nonmaleficence, UCSF School of Medicine, N.d, http://missinglink.ucsf.edu/lm/ethics/Content%20Pages/fast_fact_bene_nonmal.htm.
- Lertxundi, R., Ibarrondo, O., Merki-Feld, G.S., Rey-Novoa, M., Rowlands, S., and Mar, J. Proposal to inform European institutions regarding the regulation of conscientious objection to abortion. Eur J Contracep Reprod Health Care. 2016; 21: 198–200
- Cabal, L., Arango Olaya, M., and Montoya Robledo, V. Striking a balance: conscientious objection and reproductive health care from the Colombian perspective. Health Hum Rights. 2014; 16: 2
- Downie, J., McLeod, C., and Shaw, J. Moving forward with a clear conscience: A model conscientious objection policy for Canadian Colleges of Physicians and Surgeons. Health Law Rev. 2013; 21: 28–32
- Zampas, C. and Andión-Ibañez, X. Conscientious objection to sexual and reproductive health services: international human rights standards and European law and practice. Eur J Health Law. 2012; 19: 231–256
- Cavallo, M. and Michel, A.R. Conscientious objection to legal abortion (or the reaction to the problem of legal abortion) in Latin America. in: O’Neill Institute, Women’s Link Worldwide (Eds.) T-388/2009: Conscientious Objection and Abortion, A Global Perspective on the Colombian Experience. ; 2014: 87–109
- IJGO (multiple authors). Conscientious objection to the provision of reproductive health care. Int J Gynecol Obstetr. 2013; 123: S39–S65
- Curlin, F.A., Lawrence, R.E., Chin, M.H., and Lantos, J.D. Religion, conscience and controversial clinical practices. N Engl J Med. 2007; 356: 593–600
- Chavkin, W., Swerdlow, L., and Fifield, J. Regulation of conscientious objection to abortion: an international comparative multiple-case study. Health Hum Rights J. 2017; 19: 1
- Fiala, C., Gemzell Danielsson, K., Heikinheimo, O., Guðmundsson, J., and Arthur, J. Yes we can! Successful examples of disallowing 'conscientious objection' in reproductive health care. Eur J Contracep Reprod Health Care. 2015; 21: 201–206
- Assembleia da Republica (Portugal). Diario da Reublica, Lei 142, Exclusão da ilicitude nos casos de interrupção voluntária da gravidez. (Exclusion of unlawfulness in cases of voluntary termination of pregnancy). (Apr 16); 2007
- Uberoi, D. and Galli, B. Refusing reproductive health services on grounds of conscience in Latin America. (SUR 24)Int J Hum Rights. 2016; 13: 105–115
- Diário de Noticias Mais de 1.300 médicos são objectores de consciência. (More than 1,300 doctors are conscientious objectors.). (May 16); 2011
