Donald School Journal of Ultrasound in Obstetrics and Gynecology

Register      Login

VOLUME 17 , ISSUE 1 ( January-March, 2023 ) > List of Articles

REVIEW ARTICLE

The Conscientious Objection of Physicians (Gynecologists) and the Value System

Dubravka Hrabar

Keywords : Conscience, Conscientious objection, Law, Gynecologist

Citation Information : Hrabar D. The Conscientious Objection of Physicians (Gynecologists) and the Value System. Donald School J Ultrasound Obstet Gynecol 2023; 17 (1):36-46.

DOI: 10.5005/jp-journals-10009-1956

License: CC BY-NC 4.0

Published Online: 14-04-2023

Copyright Statement:  Copyright © 2023; The Author(s).


Abstract

Conscience is a complex category of the human mind and characteristic only of a rational human being. Deliberations on conscience are frequently connected to the issue of a clash between one's own conscience and laws in force that makes provisions for a certain type of behavior. The question of conscience and conscientious objection appear not only as medical but also as an ethical and legal issue. Conscience is a category that knows no exceptions, although it may be displayed in various segments differently. A legal point of view knows two legal theories dealing with the relation between law and conscience—the natural law theory and the positivist law theory supported by legalism. This article shows how dangerous it was and still is to appreciate so called collective consciousness, excluding conscientious objection. Freedom of conscience is guaranteed by different international documents, and the right to appeal to one's own conscience is regulated by European documents. The European Court of Human Rights (ECHR) has passed different judgements on conscientious objections, including the issue of medical procedures, healthcare practitioners, pharmaceutics, life-sustaining treatment of patients etc. On European soil, there are yet different, although non-binding, resolutions (enacted by the European Parliament (EP) and Council of Europe) that some of them explicitly recognize the right to conscientious objection and some ”push” the right to abortion as a human right. When it comes to the problem of abortion and conscientious objection, according to the ECHR, the solution should be found in the so-called reasonable adjustment that could resolve the possible conflict of interest between the patient (embodied in his rights to autonomy, identity, own opinion, privacy or his wishes) and physicians (gynecologists) within the legal state obligation to provide medical service. The legal position of gynecologists means that they may claim conscientious objection without stating the reasons for any discrimination with respect to their labor rights. It should be taken into account that gynecologists are very much invited to claim conscientious objection if they feel it is their inner drive because they decide to help in creating life and maintaining pregnancy. The right to conscientious objection is the exercise of freedom of conscience, which is a human right emanating from democratic processes that should be the aim of modern society and legal order.


HTML PDF Share
PDF Share
PDF Share

© Jaypee Brothers Medical Publishers (P) LTD.