1. No person, hospital or institution shall be coerced, held liable or
discriminated against in any manner because of a refusal to perform,
accommodate, assist or submit to an abortion, the performance of a human
miscarriage, or euthanasia or any act which could cause the death of a human
foetus or embryo, for any reason.
2. The Parliamentary Assembly emphasises the need to affirm the right of
conscientious objection together with the responsibility of the state to
ensure that patients are able to access lawful medical care in a timely
manner. The Assembly is concerned that the unregulated use of conscientious
objection may disproportionately affect women, notably those having low
incomes or living in rural areas.
3. In the vast majority of Council of Europe member states, the practice
of conscientious objection is adequately regulated. There is a comprehensive
and clear legal and policy framework governing the practice of conscientious
objection by healthcare providers ensuring that the interests and rights of
individuals seeking legal medical services are respected, protected and
fulfilled.
4. In view of member states' obligation to ensure access to lawful
medical care and to protect the right to health, as well as the obligation
to ensure respect for the right of freedom of thought, conscience and
religion of healthcare providers, the Assembly invites Council of Europe
member states to develop comprehensive and clear regulations that define and
regulate conscientious objection with regard to health and medical services,
which:
4.1. guarantee the right to conscientious objection in
relation to participation in the procedure in question;
4.2. ensure that patients are informed of any objection
in a timely manner and referred to another healthcare provider;
4.3. ensure that patients receive appropriate treatment,
in particular in cases of emergency.
1 Assembly debate
on 7 October 2010 (35th Sitting) (see
Doc. 12347, report of the Social, Health and Family Affairs Committee,
rapporteur: Mrs McCafferty, and
Doc. 12389, opinion of the Committee on Equal Opportunities for Women
and Men, rapporteur: Mrs Circene). Text adopted by the Assembly on 7
October 2010 (35th Sitting).