The scope and limits of conscientious objection.
Principles of religious freedom protect physicians, nurses and others who refuse participation in medical procedures to which they hold conscientious objections. However, they cannot decline participation in procedures to save life or continuing health. Physicians who refuse to perform procedures on religious grounds must refer their patients to non-objecting practitioners. When physicians refuse to accept applicants as patients for procedures to which they object, governmental healthcare administrators must ensure that non-objecting providers are reasonably accessible. Nurses' conscientious objections to participate directly in procedures they find religiously offensive should be accommodated, but nurses cannot object to giving patients indirect aid. Medical and nursing students cannot object to be educated about procedures in which they would not participate, but may object to having to perform them under supervision. Hospitals cannot usually claim an institutional conscientious objection, nor discriminate against potential staff applicants who would not object to participation in particular procedures.
Dickens
B M
BM
Faculty of Law, Faculty of Medicine and Joint Center for Bioethics, University of Toronto, Toronto, Canada. bernard.dickens@utoronto.ca
Cook
R J
RJ
D000029:Abortion, Legal; D003242:Conscience; D004992:Ethics, Medical; D004993:Ethics, Nursing; D006176:Gynecology / Q000331:legislation & jurisprudence; D006806:Human Rights / Q000331:legislation & jurisprudence; D006801:Humans; D009774:Obstetrics / Q000331:legislation & jurisprudence; D010344:Patient Advocacy / Q000331:legislation & jurisprudence; D016079:Refusal to Treat / Q000331:legislation & jurisprudence; D012068:Religion and Medicine; D012099:Reproductive Techniques / Q000331:legislation & jurisprudence; D013245:Sterilization, Reproductive / Q000331:legislation & jurisprudence; D014480:United Nations