April-June, 2011
		
		
	
	
	On June 22, 2011, the European Centre for Law and Justice (ECLJ) 
	organized a public hearing at the Council of Europe, entitled "Spain: 
	Violations of Medical Practitioner's Freedom of Conscience". It was 
	conducted with the Spanish Defense Association of Conscientious Objection 
	(ANDOC) and with the support of the European's People's Party. During the 
	hearing, a detailed report of systematic violations of freedom of conscience 
	among health care professionals was released. [See
	
	ECLJ to the Council of Europe: Spain violates conscientious freedom of 
	medical practitioners]
	
	The American College of Obstetricians and Gynecologists has issued a 
	statement that intra-uterine devices and implants - termed "Long Acting 
	Reversible Contraceptives" (LARCs) are the most effective long-term methods 
	of birth control and "safe for use by almost all reproductive-age women." 
	The statement also asserts that "IUDs are not abortifacients". [News 
	release] This claim rests on contested definitions of conception and 
	pregnancy. IUDs are potential embryocides; they can act by causing the death 
	of an embryo by preventing implantation. Health care workers who do not wish 
	to assist in causing the death of an embryo may object to providing the 
	device for this reason. 
	
	An expansion of an existing protection of conscience statute in Louisiana 
	contained in
	
	House Bill 636 was removed by the Louisiana Senate. The change leaves 
	the
	
	existing law intact. [Times-Picayune]
	
	A report from Belgium,
	
	Initial Experience with Transplantation of Lungs Recovered From Donors After 
	Euthanasia, notes that over 23% of lungs obtained for transplant have 
	been donated by patients following euthanasia. [The 
	Telegraph] Given the controversial nature of euthanasia, the 
	transplantation of organs obtained through euthanasia has the potential to 
	generate conflicts of conscience among transplant teams.
	
	Dr. Lachlan Dunjey, founder of
	Medicine with Morality, 
	an Australian group, told a gathering of 220 Christian doctors and medical 
	professionals meeting in Brisbane, Australia, that freedom of conscience 
	"lies at the very heart of our integrity" and compels doctors "to refuse to 
	participate in treatments they believe to be un-ethical." [Report 
	of address]
	
	Speaking to civic, business, and cultural representatives, members of the 
	diplomatic corps and religious leaders in Zagreb, Pope Benedict XVI 
	addressed the theme of conscience. He described the theme as one that "cuts 
	across all the different fields in which you are engaged and it is 
	fundamental for a free and just society, both at national and supranational 
	levels."
	Truly, the great achievements of the modern age - the 
	recognition and guarantee of freedom of conscience, of human rights, of the 
	freedom of science and hence of a free society - should be confirmed and 
	developed while keeping reason and freedom open to their transcendent 
	foundation, so as to ensure that these achievements are not undone, as 
	unfortunately happens in not a few cases. The quality of social and civil 
	life and the quality of democracy depend in large measure on this "critical" 
	point - conscience, on the way it is understood and the way it is informed. 
	If, in keeping with the prevailing modern idea, conscience is reduced to the 
	subjective field to which religion and morality have been banished, then the 
	crisis of the West has no remedy and Europe is destined to collapse in on 
	itself. If, on the other hand, conscience is rediscovered as the place in 
	which to listen to truth and good, the place of responsibility before God 
	and before fellow human beings - in other words, the bulwark against all 
	forms of tyranny - then there is hope for the future.
	The Pope said that conscience is "the keystone on which to base a culture 
	and build up the common good," and that"by forming consciences . . . the 
	Church makes her most specific and valuable contribution to society." [Text 
	of address]
	
	
	Only half of 12 hospitals inspected in the United Kingdom were found to 
	be providing basic standards of care for patients. In one hospital, 
	physicians were prescribing water for elderly patients to ensure that they 
	would be able to drink. The news report discussing the findings notes that 
	over 800 patients died of dehydration in 2009. It would not be surprising to 
	find conflicts of conscience arising among some helath care workers working 
	in such environments. [Daily 
	Mail]
	
	World Youth Alliance's Asia Pacific office in Manila has posted a new
	website about the 
	controversial Philippines
	
	Reproductive Health bill. World Youth Alliance (WYS) is an international 
	NGO that originates in New York. Christopher White, international director 
	of operations of WYA, has criticized the RH bill because, among other 
	things, it lacks provisions for freedom of conscience and religious 
	practice. On this point he suggests that the bill's critics should 
	"highlight freedom of conscience as an international human right which is 
	universally recognized."
	White argues that "when freedom of conscience is suppressed, the beliefs 
	of the majority or of the ruling elites are imposed on all others."
	"Freedom of conscience," he writes, "includes the right of healthcare 
	providers to opt out of certain procedures because of their religion or 
	belief. Regrettably, the RH bill does not provide adequate protection of 
	conscience rights to health institutions, individuals, or community health 
	workers." [Faith 
	and reason in the Philippines]
	
	In an account published by 
	Mercatornet, Dr. Gudrun Kugler, a lawyer from Vienna, Austria, describes 
	her presentation of a report to the European Union's
	
	Fundamental Rights Agency. The hostility of the audience was made clear 
	at a number of points, including the following:
	Next, I mention the case of a 
	Berlin pharmacist who refuses to sell the morning after pill. Radical 
	feminists smashed his windows and wrecked the pharmacy. "Rightly so,"says 
	another participant of FRA's Fundamental Rights Platform. "He violated the 
	right of access to medical care!" Heavy nodding from the audience. 
	
	While breaking the windows of shops operated by hated social groups is 
	not without precedent in Berlin, support for the attack by European Union 
	human rights advocates is disturbing. [See Gudrun,
	
	Fundamental rights - or fundamental confusion?]
	
	In the article "Ethical 
	and Regulatory Considerations in Prescribing RU-486," the American 
	Medical Association's Virtual Mentor discusses the on-line prescription of 
	mifapristone as a means of providing abortion services to women in rural 
	areas. The idea is suggested as one way of providing access to services when 
	conscientious objection by available health care workers makes it difficult 
	to obtain abortions.
	
	A bill introducted by Rep. Carl Wimmer in the Utah legislature has 
	revised the state's
	
	protection of conscience statute. Wimmer introduced the bill after being 
	approached by two doctors who told him that there was insufficient legal 
	protection for health care workers who refuse to perform abortions. The 
	revised law now protects both institutions and individual helath care 
	workers.[Universe] 
	
	Responding to statements from Catholic bishops in the Philippines to the 
	effect that passage of the "RH" bill could result in civil disobedience, 
	President Benigno "Noynoy" Aquino III has said that civil disobedience would 
	be a "serious offence," referring specifically to sedition.[Philippine 
	Daily Inquirer] A Philippines journalist following the story comments 
	that "reproductive health has become the single biggest issue confronting 
	the nation today and could be the tipping point for both P-Noy and the 
	country as a whole." [The 
	Philippine Star] Such reports continue to indicate the probability of 
	conflicts of conscience arising among health care workers if the bill 
	passes. Thus, the failure of the bill to adequately address the issue of 
	freedom of conscience for health care workers is particularly troubling. 
	[See
	
	Philippines RH Bill of 2011: the shape of things to come?"]
	
	Deogracias Iñiguez Jr., Catholic Bishop of Caloocan, Phiilippines, has 
	warned that if the proposed reproductive health bill becomes law, Catholics 
	will not be obliged to adhere to provisions that are contrary to their 
	faith. Meanwhle, Archbishop Ramon Arguelles has said that dialogue with the 
	president is "useless" and "we're going to have a total war now" against the 
	bill. Another bishop said that while they are not pushing civil disobedience 
	for now, Catholics are obliged not to follow any law that violates their 
	faith. Former president President Fidel V. Ramos has appealed for more civil 
	discourse about the controversial bill. [GMA 
	News] The statements are indicative of the likelihood of conflicts of 
	conscience arising among health care workers if the bill passes. [See
	
	Philippines RH Bill of 2011: the shape of things to come?"]
	
	The Bioethics Defense Fund has filed an intervention (amicus brief) in 
	the U.S. Court of Appeals for the 11th Circuit. The groups urge the appeal 
	court to uphold a decision by a U.S. District Court in Florida that ruled 
	against aspects of the US health care reform law. BDF raises the following 
	point with respect to freedom of conscience: 
	The "Abortion Premium Mandate" violates conscience and 
	free exercise
	rights by forcing enrollees in certain health plans to personally pay a
	premium to a private insurer dedicated to covering other people's elective 
	abortions. [Full text 
	of brief][News release]
	
	The Swedish Parliament 
	debated the recommendations in a report from the Foreign Affairs 
	Committee. Some of these concerned
	
	Resolution 1763(2010) of the Parliamentary Assembly of the Council of 
	Europe, which affirmed support for freedom of conscience for health care 
	workers. 
	The prospect that medical professionals and health care workers might 
	exercise freedom of conscience horrified the Left Party and alarmed other 
	Swedish political parties. Hence, the Foreign Affairs Committee Report 
	recommended that Parliament advise the Government that it "critical of the 
	content of
	
	Resolution 1763 (2010) and considers that the delegation should work to 
	bring about a change in the nature of this resolution."
	The Left Party added a "reservation" suggesting that Parliament ask for 
	the abrogation of Resolution 1763. The Sweden Democrats, in contrast, 
	expressed support for the Resolution in a reservation of their own.
	The Swedish Parliament rejected the alternatives proposed by both 
	reservations and accepted the recommendation of the Committee. Sweden thus 
	formally set itself against freedom of conscience for health care workers, 
	albeit in language less extreme than that advocated by the Left Party.
	
	The spring issue of Ms. Magazine includes an article asserts 
	that "substandard care [is] becoming rampant in the US" because of 
	protection of conscience laws, and that Catholic bishops in the United 
	States "are prohibiting doctors from practicing medicine and denying women 
	essential reproductive care." The article cites examples alleged to support 
	the claims: failure to respond appropriately to miscarriages, disciplinary 
	action taken against those who acted to save a woman's life, extra expenses 
	and risks incurred because of refusal to permit sterilization, and failure 
	to end an ectopic pregnancy. The article blames protection of conscience 
	laws that extend "to entire institutions whose "consciences" allow them to 
	withhold medically indicated care."
	
	The US Department of Health and Human Services has dismissed concerns 
	that health care workers may be forced to provide contraceptives despite 
	moral objections to contraception or the potentially embryocidal or 
	abortificaient effect of the drugs or devices. It appears that the position 
	of the Department is that freedom of conscience with respect to such drugs 
	should not be protected. [News 
	release]
	
	The
	Freedom2Care coalition web site 
	now offers a Legislative Action Center 
	that utilizes Capwiz to make it easy for users to learn about and track 
	bills, contact their legislators and more. 
	The page can be used to conveniently track 
	the various federal 
	bills related to 
	conscience rights. Organizations that don't utilize Capwiz or a similar 
	program are welcome to link to this web resource and to refer others here 
	for streamlined legislative communications on these bills.
	
	
	The US Conference of Catholic bishops is pleased that the US House of 
	Representatives has passed the "No Taxpayer Funding for Abortion Act," which 
	includes
	
	protection of conscience provisions. Commenting on that part of the 
	bill, the Conference holds that such measures are essential to guarantee 
	"access to life-saving health care," since forcing health care workers and 
	institutions to participate in abortion would drive many out of health care. 
	[News 
	release] 
	
	
	
	
	The Catholic Bishops Conference of the Philippines has withdrawn from 
	talks with President Benigno "Noynoy" Aquino III on the subject of the 
	controversial "RH bill" that is opposed by the Catholic Church. The bishops 
	oppose the bill primarily for moral reasons associated with the use of 
	contraceptives, but also commented that it "abuses the meanings of 'rights', 
	'choice', 'freedom', and 'responsible parenthood'" and threaten freedom of 
	conscience and religion. The President recently said publicly that he would 
	support the bill even if doing so led to his excommunication. [ABS-CBN 
	News] [See
	
	RH Bill of 2011: the shape of things to come?]
	
	An
	
	amendment to an existing protection of conscience 
	law in Louisiana has been included in a proposed bill concerning 
	abortion. The amendment would broaden the scope of existing protection by 
	deleting the phrase "to the extent that paient access to health care is not 
	compromised" which now qualifies the guarantee of freedom of conscience.[Times 
	Picayune]
	
	The US House of Representatives today passed a the "No Taxpayer Funding 
	for Abortion Act," which includes a number of
	
	protection of conscience provisions. The passage of the bill was 
	applauded by the Alliance of Catholic Health Care. [ACH 
	News release]. A poll released on 3 May by the Christian Medical 
	Association indicates substantial public support for protection of 
	conscience measures. Among other things, the poll found that 77 percent of 
	Americans believe "that healthcare professionals in America [should not be] 
	forced to participate in procedures or practices to which they have moral 
	objections." [CMDA 
	news release ]
	
	A Catholic priest who has expressed concern about the approach being 
	taken by Catholic bishops in opposing the controversial Philippines 
	Reproductive Health Bill has offered suggestions for modifying the bill, 
	including its protection of conscience provisions. [Philippine 
	Daily Inquirer] The current provisions are problematic for several 
	reasons. [See
	
	Philippines RH Bill of 2011: the shape of things to come?" 
	].
	
	
	
	A legislator backing the controversial reproductive health bill in the 
	Philippines has rejected a statement by a Catholic Archbishop that the 
	bill's supporters are like terrorists responsible for the deaths of 
	innocents.[GMA 
	News] Provisions in the bill would adversely affect freedom of 
	conscience for health care workers unwilling to facilitate contraception or 
	potentially embryocidal birth control meansures, but these are overshadowed 
	by other aspects of the controversy about the bill raging in the country. 
	[See
	
	The Philippines "RH Bill" of 2011: the shape of things to come?]
	
	A
	
	statement of claim filed by the BC Civil Liberties Association and 
	others in the Supreme Court of British Columbia, Canada, has launched a 
	court case to legalize physician assisted suicide in Canada. Of particular 
	concern is the claim that patients have a right to the assistance of health 
	care workers in committing suicide, and the assertion by the physician 
	plaintiff that providing such assistance is a "moral, ethical and 
	professional duty." Thus, the case could adversely affect the interests of 
	health care workers who object to assisted suicide for reasons of 
	conscience. [BCCLA 
	news release]
	
	
	
	Senate Bill 46, sponsored by Senator Cam Ward, offers protection to 
	health care workers, institutions, and those paying for health care. It 
	would prevent them from being forced to participate in referral, counseling, 
	therapy, testing, diagnosis or prognosis, research, instruction, 
	prescribing, dispensing or administering any device, drug, or medication, 
	surgery, or any other care or treatment to which they object for reasons of 
	conscience. 
	
	A court in Malaga, Spain, has ruled that a physician in a public medical 
	facility in Antequerea, Spain, is a public employee, and thus his "duty to 
	provide adequate health care" prevails over his conscientious objection to 
	abortion. The
	
	report in The Telegraph states that there is a protection of 
	conscience provision in new Spanish abortion law, but this does not appear 
	to be the case [Text 
	of Ley Orgánica 2/2010]. The judge denied that the physician could 
	refuse to refer for abortion for reasons of conscience. 
	
	Daniel Cardinal N. DiNardo, writing on behalf of the US Conference of 
	Catholic Bishops, has appealed to members of the US House of Representatives 
	to support
	
	HR1179 Respect for Rights of Conscience Act of 2011. In his
	
	letter he argues that the bill will prevent health care reform measures 
	from being used "to violate the religious freedom and rights of those who 
	offer and purchase health insurance coverage." He does not note that the 
	bill includes a section that would protect individual health care providers.
	
	A judge of the Circuit Court sitting in Springfield, Illinois, has ruled 
	that an "emergency" state regulation enacted by the Governor Rod Blagojevich 
	six years ago was intended to prevent pharmacists from acting on their 
	religious convictions. Thus, he held, the regulation violated the state's
	
	Health Care Right of Conscience Act, the Illinois Religious Freedom 
	Restoration Act (RFRA), and the Free Exercise of Religion Clause of the 
	First Amendment of the U.S. Constitution. [News 
	release]
	
	
	
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