Guidelines for conscientious objection in Spain: a proposal involving prerequisites and protocolized procedure.

Healthcare professionals often face ethical conflicts and challenges related to decision-making that have necessitated consideration of the use of conscientious objection (CO). No current guidelines exist within Spain's healthcare system regarding acceptable rationales for CO, the appropriate application of CO, or practical means to support healthcare professionals who wish to become conscientious objectors. As such, a procedural framework is needed that not only assures the appropriate use of CO by healthcare professionals but also demonstrates its ethical validity, legislative compliance through protection of moral freedoms and patients' rights to receive health care. Our proposal consists of prerequisites of eligibility for CO (individual reference, specific clinical context, ethical justification, assurance of non-discrimination, professional consistency, attitude of mutual respect, assurance of patient rights and safety) and a procedural process (notification and preparation, documentation and confidentiality, evaluation of prerequisites, non-abandonment, transparency, allowance for unforeseen objection, compensatory responsibilities, access to guidance and/or consultative advice, and organizational guarantee of professional substitution). We illustrate the real-world utility of the proposed framework through a case discussion in which our guidelines are applied.

La objeción de conciencia sanitaria en el pensamiento de gonzalo herranz / Health conscientious objection in gonzalo herranz’s thought

La objeción de conciencia de las profesiones sanitarias fue un tema que Gonzalo Herranz abordó deforma temprana y con una perspectiva muy particular. En todo momento se alejó de la discusión estricta-mente legal para ahondar en los auténticos fundamentos que justifican que un agente sanitario no quierasometerse a una determinada norma, al considerar que atenta contra su conciencia. En este artículo semuestran algunas de las principales cuestiones que, en relación a la objeción de conciencia, abordó el pro-fesor Herranz en sus publicaciones y conferencias.(AU)

Conscientious objection in the healthcare professions was a topic that Gonzalo Herranz addressed earlyon and with a very particular perspective. At all times he moved away from a strictly legal discussion todelve into the real grounds that justify a healthcare agent’s refusal to submit to a certain rule, consideringthat it goes against his or her conscience. This article presents some of the main issues that Professor He-rranz addressed in his publications and conferences in relation to conscientious objection.(AU)

Caracterização atual da objeção de consciência: proposta crítica e renovada / Current characterization of conscientious objection: a critical and renewed proposal / Caracterización actual de la objeción de conciencia: propuesta crítica y renovada

Resumo O artigo caracteriza a "objeção de consciência" - cercada por controvérsias e marcada pela ausência de definição unificada - e os limites de seu exercício. O objetivo da pesquisa, baseada na abordagem de revisão crítica de literatura, é propor uma definição para o termo. Para isso, identificaram-se situações em que a objeção de consciência é erroneamente invocada ou serve de pretexto para comportamentos antiéticos, e se procurou estabelecer os elementos que verdadeiramente compõem tal objeção. O conceito proposto pretende contribuir para esclarecer o assunto e estabelecer limites justos ao exercício ético desse direito.

Abstract This article characterizes "conscientious objection" - surrounded by controversies and marked by the absence of a unified definition - and the limits of its exercise. From a critical literature review approach, the objective is to propose a definition for the term. For such, situations where conscientious objection is wrongly invoked or serves as a pretext for unethical behavior were identified, and an attempt to establish the elements that truly compose such objection was made. The proposed concept intends to contribute to clarifying the matter and establishing fair limits to the ethical exercise of this right.

Resumen El artículo caracteriza la "objeción de conciencia", rodeada de controversias y marcada por la ausencia de una definición unificada, y los límites de su ejercicio. El objetivo de la investigación, basada en el enfoque de la revisión crítica de la literatura, es proponer una definición para el término. Para ello, se identificaron situaciones en las que la objeción de conciencia se invoca erróneamente o sirve de pretexto para conductas poco éticas, y se intentó establecer los elementos que verdaderamente componen dicha objeción. El concepto propuesto pretende contribuir a clarificar el tema y establecer límites justos al ejercicio ético de este derecho.

"We don't want problems": reasons for denial of legal abortion based on conscientious objection in Mexico and Bolivia.

BACKGROUND: The misuse of conscientious objection (CO) is a significant barrier to legal abortion access in many countries, especially in Latin America. We examine the reasons for denial of legal abortion services in Mexico and Bolivia and identify ways to mitigate the misuse of CO. METHODS: We conducted 34 in-depth interviews and 12 focus group discussions in two states in Mexico and four departments in Bolivia. Results were coded and categorized using a thematic analysis approach. RESULTS: Denial of abortion services based on CO is widespread in health facilities in Mexico and Bolivia and is primarily employed for reasons other than moral, religious, or ethical considerations. The main reasons for denial of services based on CO is lack of knowledge about abortion-related laws and fear of legal problems in abortion service provision. Conversely, the main reason to provide services is to comply with relevant laws. Denying services under the guise of CO negatively impacts pregnant people and health care teams, including fewer safe abortion options and increased workload and stigma, respectively. Most respondents cited training and education on abortion law as the foremost way to mitigate the negative impacts of the misuse of CO. CONCLUSIONS: For many health personnel, knowing, understanding, and following the law is reason enough to provide abortion services. Individuals who object due to lack of knowledge about laws and fear of legal problems represent a key population that can be sensitized and equipped with the necessary information and resources to provide legal abortion services.

RESUMEN: ANTECEDENTES: El mal uso de la objeción de conciencia (OC) es una barrera importante para el acceso al aborto aún cuando es legal, en muchos países, especialmente en países en América Latina. Examinamos los motivos de la negación de servicios de aborto legal en México y Bolivia e identificamos formas de mitigar el uso indebido de la OC. MéTODOS: Realizamos 34 entrevistas a profundidad y 12 discusiones en grupo focal en dos estados en México y cuatro departamentos en Bolivia. Los resultados fueron codificados y categorizados utilizando un enfoque de análisis temático. RESULTADOS: La negación de servicios de aborto basados ​​en la OC está muy extendida en los establecimientos de salud en México y Bolivia y se emplea principalmente por razones distintas a las consideraciones morales, religiosas o éticas. Las principales razones para la negación de servicios basados ​​en la OC son la falta de conocimiento sobre las leyes relacionadas con el aborto y el temor a problemas legales en la prestación de servicios de aborto. Por el contrario, la razón principal para proporcionar servicios es cumplir con las leyes pertinentes. Negar servicios bajo la apariencia de OC impacta negativamente a las personas embarazadas y a los equipos de atención médica, incluidas menos opciones de aborto seguro y mayor carga de trabajo y estigma, respectivamente. La mayoría de los encuestados mencionaron la capacitación y educación sobre la ley del aborto como la principal forma de mitigar los impactos negativos del uso indebido de la OC. CONCLUSIONES: Para parte del personal de salud, conocer, comprender y cumplir la ley es motivo suficiente para proporcionar servicios de aborto. Las personas que se oponen debido a la falta de conocimiento sobre las leyes y el miedo a los problemas legales representan una población clave que puede ser sensibilizada y equipada con la información y los recursos necesarios para proporcionar servicios de aborto legal.

Conscientious objection to medical assistance in dying in rural/remote nursing.

In 2016, the Supreme Court of Canada legalized medical assistance in dying in Canada. Similar to jurisdictions where this has been a more long-standing option for end-of-life care, the Supreme Court's decision in Canada included a caveat that no healthcare provider could be compelled to participate in medical assistance in dying. The Canadian Nurses Association, in alignment with numerous ethical guidelines for healthcare providers around the globe, maintains that nurses may opt out of participation in medical assistance in dying if they conscientiously object to this procedure. The realities of implementing medical assistance in dying are still unfolding. One area that has received little attention in the literature thus far is the ability of nurses who aid with, rather than administer, medical assistance in dying to conscientiously object. This is particularly significant in rural and remote areas of Canada where geographic dispersion and limited numbers of nursing staff create conditions that limit the ability to transfer care or call on a designated team. Exercising conscientious objection to medical assistance in dying in rural and remote areas, by way of policies developed with an urban focus, is one example of how the needs of rural nurses and patients may not be met, leading to issues of patient access to medical assistance in dying and retention of nursing staff. To illustrate the complexities of nurses' conscientious objection to medical assistance in dying in a rural setting, we apply an ethical decision-making framework to a hypothetical case scenario and discuss the potential consequences and implications for future policy. Realizing that conscientious objection may not be a viable option in a rural or remote context has implications for not only medical assistance in dying, but other ethically sensitive healthcare services as well. These considerations have implications for policy in other jurisdictions allowing or considering medically assisted deaths, as well as other rural and remote areas where nurses may face ethical dilemmas.

Emergency contraception: unresolved clinical, ethical and legal quandaries still linger.

Emergency contraception (EC) has been prescribed for decades, in order to lessen the risk of unplanned and unwanted pregnancy following unprotected intercourse, ordinary contraceptive failure, or rape. EC and the linked aspect of unintended pregnancy undoubtedly constitute highly relevant public health issues, in that they involve women's self-determination, reproductive freedom and family planning. Most European countries regulate EC access quite effectively, with solid information campaigns and supply mechanisms, based on various recommendations from international institutions herein examined. However, there is still disagreement on whether EC drugs should be available without a physician's prescription and on the reimbursement policies that should be implemented. In addition, the rights of health care professionals who object to EC on conscience grounds have been subject to considerable legal and ethical scrutiny, in light of their potential to damage patients who need EC drugs in a timely fashion. Ultimately, reproductive health, freedom and conscience-based refusal on the part of operators are elements that have proven extremely hard to reconcile; hence, it is essential to strike a reasonable balance for the sake of everyone's rights and well-being.

Conscientious Objection to Legal Abortion in Minas Gerais State.

OBJECTIVE: The aim of this study was to verify the existence of conscientious objection to comprehensive health care for the victim of sexual violence, as well as to understand the service structure of institutions authorized in the health care system for victims of sexual violence in the state of Minas Gerais. METHODS: This is a quantitative, cross-sectional, descriptive, and analytical field study aiming to collect data from institutions authorized to assist victims of sexual violence in the state. The instrument was handed in to the coordinators of these services. RESULTS: It was found that 11% have no physician in service and that 31% had no training for this type of care. It was revealed that 85% of these institutions have already encountered patients wishing to have a legal abortion, but 83% of them have not had their request granted. There was a 60% presence of conscientious objection by the entire medical team, the main reason being religious (57%). CONCLUSION: The assistance system is not prepared for comprehensive care for victims of sexual violence, especially in terms of legal abortions, with conscientious objection being the main obstacle. A functional referral and counter-referral system is needed to alleviate such a serious and evident problem. It is hoped that the research results will promote dialogues in the state that favor appropriate actions on legal abortion, and respect the medical professional, in case of conscientious objection.

OBJETIVO: O objetivo do estudo foi verificar a existência da objeção de consciência na atenção integral da saúde à vítima de violência sexual, bem como conhecer a estrutura de atendimento das instituições credenciadas na rede de atenção à vítima de violência sexual no Estado de Minas Gerais. MéTODOS: Trata-se de um estudo de campo de caráter quantitativo, transversal, descritivo e analítico, com proposta de coleta de dados das instituições credenciadas ao atendimento às vítimas de violência sexual no estado. O instrumento foi entregue às(aos) coordenadora(es) destes serviços. RESULTADOS: Verificou-se que 11% dos serviços não possuem médicos e 31% não fornecem treinamento para este tipo de atendimento. Foi revelado que 85% dessas instituições já encontraram pacientes que desejam fazer o aborto legal, mas 83% destas não tiveram seu pedido atendido. Houve 60% da presença de objeção de consciência por parte de toda a equipe médica, sendo o principal motivo religioso (57%). CONCLUSãO: O sistema de assistência no Estado não está preparado para o atendimento integral às vítimas de violência sexual, principalmente no quesito resolução do aborto legal, sendo a objeção de consciência o maior obstáculo. Se faz necessária uma rede de referência e contra referência funcionante para amenizar problema tão sério e evidente. Espera-se que o resultado da pesquisa crie espaços de diálogos dentro do estado que favoreçam ações adequadas sobre o aborto legal, e o profissional médico respeitado, se houver objeção de consciência.

Conscientious objection to legal abortion in Minas Gerais state / Objeção de consciência na dinâmica do atendimento ao aborto legal em Minas Gerais

Abstract Objective: The aim of this study was to verify the existence of conscientious objection to comprehensive health care for the victim of sexual violence, as well as to understand the service structure of institutions authorized in the health care system for victims of sexual violence in the state of Minas Gerais. Methods: This is a quantitative, cross-sectional, descriptive, and analytical field study aiming to collect data from institutions authorized to assist victims of sexual violence in the state. The instrument was handed in to the coordinators of these services. Results: It was found that 11% have no physician in service and that 31% had no training for this type of care. It was revealed that 85% of these institutions have already encountered patients wishing to have a legal abortion, but 83% of them have not had their request granted. There was a 60% presence of conscientious objection by the entire medical team, the main reason being religious (57%). Conclusion: The assistance system is not prepared for comprehensive care for victims of sexual violence, especially in terms of legal abortions, with conscientious objection being the main obstacle. A functional referral and counter-referral system is needed to alleviate such a serious and evident problem. It is hoped that the research results will promote dialogues in the state that favor appropriate actions on legal abortion, and respect the medical professional, in case of conscientious objection.

Resumo Objetivo: O objetivo do estudo foi verificar a existência da objeção de consciência na atenção integral da saúde à vítima de violência sexual, bem como conhecer a estrutura de atendimento das instituições credenciadas na rede de atenção à vítima de violência sexual no Estado de Minas Gerais. Métodos: Trata-se de um estudo de campo de caráter quantitativo, transversal, descritivo e analítico, com proposta de coleta de dados das instituições credenciadas ao atendimento às vítimas de violência sexual no estado. O instrumento foi entregue às(aos) coordenadora(es) destes serviços. Resultados: Verificou-se que 11% dos serviços não possuem médicos e 31% não fornecem treinamento para este tipo de atendimento. Foi revelado que 85% dessas instituições já encontraram pacientes que desejam fazer o aborto legal, mas 83% destas não tiveram seu pedido atendido. Houve 60% da presença de objeção de consciência por parte de toda a equipe médica, sendo o principal motivo religioso (57%). Conclusão: O sistema de assistência no Estado não está preparado para o atendimento integral às vítimas de violência sexual, principalmente no quesito resolução do aborto legal, sendo a objeção de consciência o maior obstáculo. Se faz necessária uma rede de referência e contra referência funcionante para amenizar problema tão sério e evidente. Espera-se que o resultado da pesquisa crie espaços de diálogos dentro do estado que favoreçam ações adequadas sobre o aborto legal, e o profissional médico respeitado, se houver objeção de consciência.

Accommodating conscientious objection in the midwifery workforce: a ratio-data analysis of midwives, birth and late abortions in 18 European countries in 2016.

BACKGROUND: In recent years, the role of a midwife has expanded to include the provision of abortion-related care. The laws on abortion in many European countries allow for those who hold a conscientious objection to participating to refrain from such participation. However, some writers have expressed concerns that this may have a detrimental effect on the workforce and limit women's access to the service. METHOD: The aim of this study was to provide a picture of the potential exposure midwives in Europe have to late abortions, an important factor in the integration of accommodation of conscientious objection to abortion by midwives into workload planning. We collected data from Ministries of Health or government statistical departments in 32 European countries on numbers of births, abortions, late abortions and midwives in 2016. We conducted a ratio-data analysis in those countries that met the inclusion criteria. RESULTS: Eighteen of the 32 countries provided full data; thus, our calculations are based on a total of 4 036 633 live births, 49 834 late abortions and a total of 132 071 midwives. The calculated ratios of live births to midwife, abortions to midwife and late abortions to midwife illustrate the wide variations between countries in relation to ratios of midwives to live births (15.22-53.99) and late abortions (0.17-1.47) CONCLUSIONS: This study provides the first comprehensive insight to ratios relating to birth and abortion, especially late abortion services, with regard to the midwifery workforce. It is essential to improve the reporting of abortion data and access to it within Europe to support evidence-informed decisions on optimising the contribution of the midwifery workforce especially within highly contentious fields such as abortion services. The study's findings suggest that there should be neither be any difficulty for those who are responsible for workload allocation nor compromises to a women's right to abortion services.

A Matter of Conscience: Examining the Law and Policy of Conscientious Objection in Health Care.

Conscientious objection refers to refusal by a health care provider (HCP) to provide certain treatments, including the standard of care, to a patient based upon the provider's personal, ethical, or religious beliefs. Federal and state rules regarding conscientious objection have expanded the scope of legal protections that HCPs and institutions can invoke in support of refusal. Opponents of these rules argue that allowing refusal of care deprives patients of care that conforms to professionally established guidelines, contradicts long-standing principles related to informed consent, interferes with the ability of health care facilities to provide safe and efficient care, and leaves the patient without means of redress for injury. Proponents respond that such rules are necessary to preserve the moral integrity of providers, including institutions. Although refusal rules are most often associated with abortion, some HCPs have cited moral concerns regarding contraception, sterilization, prevention/treatment of sexually transmitted infections, transition-related care for transgender individuals, medication-assisted treatment of substance use disorders, the use of artificial reproductive technologies, and patient preferences for end-of-life care. Evidence suggests that the burden of conscientious refusal falls disproportionately on vulnerable populations, and legitimate concern exists that moral disagreement is merely pretext for discrimination. A careful balance must be struck between the defending the conscience rights of HCPs and the civil rights of patients.

The inequity of conscientious objection: Refusal of emergency contraception.

In the medical field, conscientious objection is claimed by providers and pharmacists in an attempt to forgo administering select forms of sexual and reproductive healthcare services because they state it goes against their moral integrity. Such claim of conscientious objection may include refusing to administer emergency contraception to an individual with a medical need that is time-sensitive. Conscientious objection is first defined, and then a historical context is provided on the medical field's involvement with the issue. An explanation of emergency contraception's physiological effects is provided along with historical context of the use on emergency contraception in terms of United States Law. A comparison is given between the United States and other developed countries in regard to conscientious objection. Once an understanding of conscientious objection and emergency contraception is presented, arguments supporting and contradicting the claim are described. Opinions supporting conscientious objection include the support of moral integrity, religious diversity, and less regulation on government involvement in state law will be offered. Finally, arguments against the effects of conscientious objection with emergency contraception are explained in terms of financial implications and other repercussions for people in lower socioeconomic status groups, especially people of color. Although every clinician has the right and responsibility to treat according to their sense of responsibility or conscience, the ethical consequences of living by one's conscience are limiting and negatively impact underprivileged groups of people. It is the aim of this article to advocate against the use of provider's and pharmacist's right to claim conscientious objection due to the inequitable impact the practice has on people of color and individuals with lower incomes.

Percepción del alumnado de medicina sobre la objeción de conciencia a la interrupción voluntaria del embarazo en Galicia / Perception of medical students in Galicia (Spain) regarding conscientious objection to the voluntary termination of pregnancy

OBJETIVO: Conocer si los futuros médicos y médicas de Galicia ejercerían la objeción de conciencia en la práctica de la interrupción voluntaria del embarazo (IVE), así como indagar sobre el conocimiento de que dispone actualmente el alumnado de medicina sobre la objeción de conciencia sanitaria y cuáles creen que son los costes que han de soportar las pacientes al no poder ejercer su derecho a la IVE dentro del servicio sanitario público. MÉTODO: Estudio transversal mediante una encuesta a 350 estudiantes de segundo y quinto curso del Grado de Medicina de la Universidad de Santiago de Compostela, en el curso académico 2017-2018. RESULTADOS: El 70,8% de las personas encuestadas no se declararía objetor/a de conciencia a la IVE. Además, el 70% estima que la objeción de conciencia a la IVE puede provocar consecuencias negativas para las gestantes cuando son derivadas desde la sanidad pública a la sanidad privada. No obstante, el 72,9% está a favor de que los médicos y las médicas tengan derecho a declararse objetores/as de conciencia a la práctica sanitaria de la IVE. CONCLUSIONES: La derivación de gestantes como consecuencia de la objeción de conciencia a la IVE es un importante problema en España en general y en Galicia en particular, frente al cual se observa que el futuro personal médico muestra una elevada predisposición a no objetar esta práctica sanitaria, lo que facilitaría su solución en un futuro próximo

OBJECTIVE: To discover whether future doctors in Galicia (Spain) are willing to express conscientious objection to voluntary termination of pregnancy (VTP). The medical students' level of knowledge regarding conscientious objection in health care was also examined, and their knowledge regarding the costs patients would incur if unable to exercise their right to VTP. METHOD: Cross-sectional study by conducting a survey of 350 medical students in the 2nd and the 5th years of the Degree in Medicine at the University of Santiago de Compostela, in the academic year 2017-2018. RESULTS: 70.8% of those surveyed would not declare conscientious objection to VTP. In addition, 70% believe that conscientious objection to VTP can have negative consequences for pregnant women if they are referred from public to private healthcare. However, 72.9% support physicians having the right to declare their conscientious objection to VTP. CONCLUSIONS: The problem of referring pregnant women to private healthcare, as a consequence of conscientious objection to VTP, is presented as critical in Spain, and in Galicia in particular. The future physicians showed that they strongly favoured not objecting to this healthcare practice, which will enable the problem to be resolved in the near future

Shades of gray: Conscientious objection in medical assistance in dying.

With the advent of legalized medical assistance in dying [MAiD] in Canada in 2016, nursing is facing intriguing new ethical and theoretical challenges. Among them is the concept of conscientious objection, which was built into the legislation as a safeguard to protect the rights of healthcare workers who feel they cannot participate in something that feels morally or ethically wrong. In this paper, we consider the ethical complexity that characterizes nurses' participation in MAiD and propose strategies to support nurses' moral reflection and imagination as they seek to make sense of their decision to participate or not. Deconstructing the multiple and sometimes conflicting ethical and professional obligations inherent in nursing in such a context, we consider ways in which nurses can sustain their role as critically reflective moral agents within a context of a relational practice, serving the diverse needs of patients, families, and communities, as Canadian society continues to evolve within this new way of engaging with matters of living and dying.

Conscientious object in nursing: Regulations and practice in two European countries.

BACKGROUND: The concept of conscientious objection is well described; however, because of its nature, little is known about real experiences of nursing professionals who apply objections in their practice. Extended roles in nursing indicate that clinical and value-based dilemmas are becoming increasingly common. In addition, the migration trends of the nursing workforce have increased the need for the mutual understanding of culturally based assumptions on aspects of health care delivery. AIM: To present (a) the arguments for and against conscientious objection in nursing practice, (b) a description of current regulations and practice regarding conscientious objection in nursing in Poland and the United Kingdom, and (c) to offer a balanced view regarding the application of conscientious objection in clinical nursing practice. DESIGN: Discussion paper. ETHICAL CONSIDERATIONS: Ethical guidelines has been followed at each stage of this study. FINDINGS: Strong arguments exist both for and against conscientious objection in nursing which are underpinned by empirical research from across Europe. Arguments against conscientious objection relate less to it as a concept, but rather in regard to organisational aspects of its application and different mechanisms which could be introduced in order to reach the balance between professional and patient's rights. DISCUSSION AND CONCLUSION: Debate regarding conscientious objection is vivid, and there is consensus that the right to objection among nurses is an important, acknowledged part of nursing practice. Regulation in the United Kingdom is limited to reproductive health, while in Poland, there are no specific procedures to which nurses can apply an objection. The same obligations of those who express conscientious objection apply in both countries, including the requirement to share information with a line manager, the patient, documentation of the objection and necessity to indicate the possibility of receiving care from other nurses. Using Poland and the United Kingdom as case study countries, this article offers a balanced view regarding the application of conscientious objection in clinical nursing practice.

[Perception of medical students in Galicia (Spain) regarding conscientious objection to the voluntary termination of pregnancy]. / Percepción del alumnado de medicina sobre la objeción de conciencia a la interrupción voluntaria del embarazo en Galicia.

OBJECTIVE: To discover whether future doctors in Galicia (Spain) are willing to express conscientious objection to voluntary termination of pregnancy (VTP). The medical students' level of knowledge regarding conscientious objection in health care was also examined, and their knowledge regarding the costs patients would incur if unable to exercise their right to VTP. METHOD: Cross-sectional study by conducting a survey of 350 medical students in the 2nd and the 5th years of the Degree in Medicine at the University of Santiago de Compostela, in the academic year 2017-2018. RESULTS: 70.8% of those surveyed would not declare conscientious objection to VTP. In addition, 70% believe that conscientious objection to VTP can have negative consequences for pregnant women if they are referred from public to private healthcare. However, 72.9% support physicians having the right to declare their conscientious objection to VTP. CONCLUSIONS: The problem of referring pregnant women to private healthcare, as a consequence of conscientious objection to VTP, is presented as critical in Spain, and in Galicia in particular. The future physicians showed that they strongly favoured not objecting to this healthcare practice, which will enable the problem to be resolved in the near future.

Antigone Betrayed? The European Court of Human Rights' Decisions on Conscientious Objection to Abortion in the Cases of Grimmark v. Sweden and Steen v. Sweden.

The article deals with the recent decisions of the European Court of Human Rights in the cases of two Swedish midwives who claimed a right to conscientious objection to abortion under Article 9 of the European Convention on Human Rights (ECHR). After giving an overview of the relevant previous case-law of the Court, I argue that the decisions of inadmissibility in the midwives' cases are a step backwards in the promising evolution of the Court's jurisprudence that began with the judgments in the cases of Eweida and others v. the United Kingdom and Bayatyan v. Armenia. In particular, the Court's reasoning in Grimmark v. Sweden and Steen v. Sweden failed to take into consideration the existence of a European consensus and the fact that less restrictive alternatives could have reasonably accommodated the conscientious claims of the two applicants.

Religious refusals to long-acting reversible contraceptives in Catholic settings: a call for evidence.

No-cost contraceptive provisions as in the Affordable Care Act have substantially reduced the financial burdens that patients previously faced with long-acting reversible contraception (LARC) access. Such efforts have contributed to improved LARC uptake and substantial declines in unintended pregnancy and abortion rates. However, governmental protections that allow religious restrictions to care to be implemented at institutional and systemic levels currently limit equitable access by healthcare consumers. A significant proportion of the US healthcare market is controlled by Catholic healthcare systems, which use moral teachings to inform guidelines to care. Many patients do not realize that their healthcare choices will be affected by attendance at a Catholic institution, in part because such facilities do little to inform patients of restrictions to common reproductive services including LARC. Limited data demonstrate that often hormonal intrauterine devices are provided through workarounds, but that implants and copper intrauterine devices are rarely available or approved in Catholic settings. The scarcity of data, particularly on patient outcomes, is in part explained by research barriers within Catholic settings. This Call for Action sets forth the notion that we should no longer remain complicit with allowances for institutional religious refusals of care unless we understand medical and ethical outcomes.

Conscientious objection in health care: A principlism-based compromise position.

BACKGROUND: Conscientious objection (CO) is a complex topic of great clinical and philosophical importance which recently came again under fire. Both the so-called absolutist and pro-choice extreme positions (pro and against CO, respectively) cannot stand up to arguments. Moreover, there is not satisfactory compromise position between the conflicting rights. DISCUSSION: The conflicting claims (objectors' and patients') are (almost) equally strong and as such should be accommodated at the same time, when the following conditions are met: objectors' claims are entrenched in society, no anti-democratic values are manifested, and patients' claim is incontestably de lege lata legitimate. The judgment about the de lege lata legitimacy of any given patient's claim should result from the dynamic process of an ongoing dialogue in accordance with the rawlsean "reflective equilibrium" held against a background of shifting sand: people change, medicine changes, society changes. The dialogue should be informed by the ongoing universal dialectic between absolutism and relativism. In accordance with the principle of mutuality, the state and other involved stakeholders (i.e. institutions) have the moral obligation to investigate all the "alternative options and circumstances" under which the conflict can be eliminated, circumvent or a true compromise can be achieved. With this path locked, the conflicting parties should find a fair mutual concession accommodating both the conflicting claims to the greatest extent possible, at the same time. Both the conflicting parties are placed under the obligation to tolerate a "reasonably" minimal harm. This may be the case with referral obligation. If an objective (not personal) referral obligation would be recognized the right to CO would be limited without, however, losing its core physiognomy, provided that the right to CO is a flimsy subjective right that is structured like a molecular aggregation. Besides, a very low amount of wrongness can be conferred upon the act of referral. Who makes it is an in-the-rear-actor in a "wrongdoing" which, in addition, is preparatory act of the principal moral wrongdoing. CONCLUSION: On the basis of the bioethical principle of mutuality the paper provides a proposal in two steps for obtaining a normatively reasonable (if not true) compromise position.