Matthew Schmitz*
	
	A new resolution before Europe's leading human 
	rights council attacks conscience and community.
	This Thursday the Council of Europe, a transnational body created in 1949 
	to promote democracy and human rights, will vote on a resolution and series 
	of recommendations on conscience protection. Americans, who faced similar 
	issues during the debate over the health care overhaul, will find much of 
	interest in the resolution. It would create guidelines that encourage member 
	states to force doctors to perform abortions in some circumstances and to 
	make referrals for them in every circumstance. Drafted by the pro-abortion 
	British parliamentarian Christine McCafferty, it is an all-out assault on 
	conscience and community.
	The central feature of the resolution is a call for enforcement against 
	conscientious objectors who refuse to perform or make referrals for 
	abortion. The report encourages member states to "establish effective 
	complaint mechanisms that can address abuses of the right to conscientious 
	objection and provide women with an effective and timely remedy." While many 
	European countries are woefully lacking in conscience protection, 
	authorities have sometimes hesitated to enforce these unjust laws. This 
	provision seeks to end that. As the European Center for Law and Justice says 
	in its
	
	report on the proposed law, "the 'conscience clause' is nothing other 
	than an official immunity from liability for refusing to participate in 
	abortion." While the law fails to specify how this unjust law will be 
	enforced, doctors can be forgiven for worrying that its implementation will 
	be far from sensitive and sympathetic.
	Among the report's many specific recommendations, the most sinister 
	sounding may be a call for the creation of national registries of 
	conscientious objectors in order to further what the report describes as 
	"oversight and monitoring mechanisms." In Norway, doctors are already 
	required to notify hospitals of their conscientious objector status, and the 
	hospitals in turn are required to report the names of conscientious 
	objectors to state authorities. The goal of these mechanisms seems to be to 
	enable a highly inappropriate and political scrutiny of doctors who have 
	deeply held objections to procedures like abortion and euthanasia.
	The new guideline further restricts conscience by requiring that doctors 
	give timely notice of their conscientious objections. But what happens if a 
	doctor's view on conscience changes? What if he is serving as the sole 
	medical provider in an under-served area? Will he be required to give up his 
	job?
	There is already discrimination against conscientious objectors in 
	Britain, where the National Health Service has urged hospitals to ask job 
	applicants whether or not they are conscientious objectors and to refuse to 
	hire conscientious objectors unless there is an already present physician 
	willing to perform acts like abortion. One's conscientious objector status 
	becomes a matter of administrative record that must be consulted at every 
	step in one's employment, from hiring, to promotion, to professional 
	security. Conscientious objectors become last hired, first fired.
	Consider a doctor who gives up his ability to practice in under-served 
	areas and instead locates to an urban center that offers ready access to 
	abortion. Say he also is willing to have his employment be secondary to that 
	of all his colleagues. He is also willing to fill out the form that will 
	enter his name in a national registry of conscientious objectors. Will he 
	then be left alone? Though he is willing to submit to a thousand 
	harassments, he is still required in all situations to become complicit in 
	abortion by referring his patients to a doctor willing to perform them.
	The notion that the document is motivated by egalitarianism and a concern 
	for individual rights is undercut by its creation of two classes of 
	conscience protection. While doctors directly performing procedures like 
	abortion are allowed conscience protection, the document refuses to grant 
	any protections to support staff, such as nurses and assistants, who might 
	be asked to be involved in the procedure. The rights of doctors are 
	grudgingly and insufficiently recognized, but the moral agency and freedom 
	of their less powerful and well-paid colleagues is denied altogether. This 
	means that if a patient requests abortion or euthanasia, the doctor could 
	object and face no prosecution. But if a lower-paid nurse levied the same 
	objection the nurse could be subject to administrative and legal penalties.
	While the report preserves a charade of conscience protection for 
	individual actors, it denies that institutions like religious hospitals have 
	any right to refuse to perform procedures like abortion. The report claims 
	that, "the right to freedom of thought, conscience and religion is an 
	individual right and, therefore, institutions such as hospitals cannot claim 
	this right." These institutions are not only the corporate expression of 
	rights to association and free speech; they also play an important 
	subsidiary role in providing education and medical services, often more 
	effectively and at lower cost than public providers.
	These same issues are taking on increasing importance in the United 
	States. As the federal government becomes increasingly involved in health 
	care, the temptation to politicize medicine and weaken longstanding 
	conscience protections has proved hard to resist. The Patient Protection and 
	Affordable Care Act (PPACA) passed earlier this year failed to incorporate 
	the language of the Weldon Amendment, an annual rider to the Health and 
	Human Services (HHS) appropriation bill that protects conscience. In its 
	place there are
	
	scattershot partial protections. Health plans are prohibited from 
	discriminating against institutions and individuals who have conscientious 
	objections, but governments and entities that receive government funds are 
	not. Similarly, the Secretary of HHS is prohibited from requiring the 
	provision of abortion as an "essential service," but there is no similar 
	exclusion for physician-assisted suicide, contraception or other morally 
	contentious issues.
	As the Council of Europe votes on guidelines that would severely curtail 
	conscience, the American Congress should move to repair the problems with 
	the PPACA by passing a bill with comprehensive individual and institutional 
	protections of conscience. One bipartisan bill, sponsored by Democrat Daniel 
	Lipinski and Republican Joseph Pitts, seeks to do just that by patching the 
	holes in PPACA's protections for conscience. Congressmen are understandably 
	occupied by the upcoming election, but a bill that fixes these issues should 
	be one of the first orders of business for the new Congress, be it 
	Democratic or Republican.
	Matthew Schmitz is the managing editor of 
	Public Discourse.
	Copyright 2010 the Witherspoon Institute. 
	All rights reserved.