United Kingdom
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When can a doctor conscientiously object?
- Bernard G. Prusak*
| Over the last decade, the culture wars in the United
States have broken new ground: They have become battles over
the rights of conscience. For example, now that same-sex
marriage is a right, the question before the U.S. Supreme
Court in the case of Masterpiece Cakeshop is whether its
sympathetic, telegenic owner,
Jack Phillips, is within his rights to refuse to make a
wedding cake for a gay couple. Similarly, under the Obama
administration, the court heard arguments more than once
over whether employers who object on religious grounds to
contraceptives or abortion should be exempted from having to
provide employees health insurance that includes such
services. . .
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Medics should not be forced to do procedures they object
to on ethical grounds
- David S. Oderberg*
| For most people, the term "conscientious objection" evokes images of Quakers and pacifists registering to avoid military service. Many countries have a long and honourable tradition of accommodating such conscientious objectors. It might not be about bombs and bullets, but healthcare professionals often find themselves fighting a conscience battle of their own.
. .
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Abortion law reform and conscientious objection in the
United Kingdom
- Jacky Engel*
| Jacky Engel reviews the legal history of abortion in the
United Kingdom from 'Lord Ellenborough's Act' of 1803,
though most of her attention is directed to developments
beginning with the Bourne case of 1939. Ms. Engel's
discussion of the parliamentary debates in 1967 is
reproduced below because of its references to conscientious
objection.
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Conscientious
Objection to Abortion: Ethics, Polemics and Law
- Charles Foster*
| The pro-abortion lobby has announced the latest phase in
its offensive. Marie Stopes International wants to
force GP surgeries to display lists indicating which doctors
in the practice will refer women for abortion, and the
pressure group Doctors for a Woman's Choice on Abortion
is encouraging patients to report to the GMC doctors
who refuse to play any part in abortion. . .
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Conscientious Objection
- Robin Haig*
| The article below, written by one of
ALDU's officers, appeared in ALDU's Newsletter in the
Winter of 1982 and considered the question of
conscientious objection to abortion and how this might
affect the position of doctors.
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Conscientious objection and the worrying implications of the Glasgow
midwives case
- Philippa Taylor*
| The right for health professionals to exercise their
conscientious objection to participating in abortion – or indeed to
choose on occasion to limit the areas in which they work in order
not to be ethically compromised – has been under
assault worldwide for some time now. . . Now the right for health professionals to exercise their
conscientious objection has been put under even more pressure in the
UK after
the Supreme Court today rejected an appeal for conscientious
objection for senior midwives who refused to supervise abortions
performed on a labour ward. It has also delivered a controversial
ruling on referrals for abortion.
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Re: House of Lords Select Committee
on Assisted Dying for the Terminally Ill Bill
Selections
from the First Report
In 2003 Lord Joffe introduced a private member's bill
into Parliament, the Patient (Assisted Dying) Bill, which progressed only to second reading. In March of the
following year he introduced another private member's bill (Assisted
Dying for the Terminally Ill). It received Second
Reading and was referred to a House of Lords committee for
detailed examination. Extracts concerning
conscientious objection and freedom of conscience in witness
testimony and written evidence are noted below.
Examination of
witnesses
- All extracts
- PROFESSOR JOHN HARRIS, University of Manchester,
PROFESSOR SHEILA MCLEAN, Glasgow university, DR EVAN
HARRIS, a Member of the House of Commons, MISS DEBORAH
ANNETTS, Chief Executive, Voluntary Euthanasia Society,
and MR TL BARCLAY (Q1-19;
Q20-27)
- LORD JOFFE: Explains amendment to remove requirement
for referral by objecting physician. (Q70-79)
- Witnesses: DR MICHAEL WILKS, Chairman, Medical
Ethics Committee, DR VIVIENNE NATHANSON, Director of
Professional Activities, British Medical Association,
PROFESSOR SIR GRAEME CATTO, President, and MS JANE
O'BRIEN, Head of Standards, General Medical Council,
examined. (Q281-299;
Q300-319)
(Q340-353)
- Witnesses: DR DAVID COLE, BARONESS GREENGROSS, a
Member of the House, PROFESSOR RAYMOND TALLIS, DR GEORG
BOSSHARD, and DR CAROLE DACOMBE, (Q1920-1939)
(Q1940-1959)
- Witnesses: MS MICHELE WATES, DR JIM GILBERT,
PROFESSOR JOHN FINNIS and DR FIONA RANDALL (Q2020-2039)
Written evidence
The bill included an exemption for conscientious
objectors (Clause 7) which required an objecting physician
refer a patient to a colleague willing to process a
euthanasia request. This elicited protests during the
examination of witnesses and inwritten evidence and an
adverse judgement from the Joint Committee on Human Rights,
as a result of which Lord Joffe agreed to remove the
provision for mandatory referral.
Clause 7
(from the Bill)
From Chapter 4
(from the report)
From Chapter 7 (from the report)
Re: House of Lords & Commons Joint Committee On Human Rights