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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