Thursday, November 5, 2009
Medicine and Law, Vol. 28, pp. 337-347, 2009
The right to conscientious objection is founded on human rights to act
according to individuals' religious and other conscience. Domestic and
international human rights laws recognize such entitlements. Healthcare
providers cannot be discriminated against, for instance in employment, on the
basis of their beliefs. They are required, however, to be equally respectful of
rights to conscience of patients and potential patients. They cannot invoke
their human rights to violate the human rights of others.
There are legal limits to conscientious objection. Laws in some jurisdictions unethically abuse religious conscience by granting excessive rights to refuse care. In general, healthcare providers owe duties of care to patients that may conflict with their refusal of care on grounds of conscience. The reconciliation of patients' rights to care and providers' rights of conscientious objection is in the duty of objectors in good faith to refer their patients to reasonably accessible providers who are known not to object.
Conscientious objection is unethical when healthcare practioners treat patients only as a means to their own spiritual ends. Practitioners who would place their own spiritual or other interests above their patients' healthcare interests have a conflict of interest, which is unethical if not appropriately declared.
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