Conscientious objection to abortion

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Conscientious objection to abortion is the right of medical staff to refuse participation in abortion for personal belief.

Contents

By country

Americas

United States

Europe

Legal framework for the conscientious objection to abortion in Europe as of December 5, 2020 .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Conscientious objection to abortion not allowed Conscientious objection to abortion allowed Legal framework for the conscientious objection to abortion in Europe.png
Legal framework for the conscientious objection to abortion in Europe as of December 5, 2020
  Conscientious objection to abortion not allowed
  Conscientious objection to abortion allowed

Conscientious objection is granted in 22 member states of the European Union plus the United Kingdom, Norway and Switzerland. It is not granted in Sweden, Finland, Bulgaria, Iceland, or Turkey. [3] The right of member states to enact legislation that limit the right to conscientious objection to abortion was upheld by the European Court of Human Rights in March 2020. [4]

Croatia

Doctors and other medical personnel have the right to conscientious objection. Rada Borić (Women's Network Croatia) has argued that it is given more prominence than the women's right to abortion, thus making it difficult. [5] On February 21, 2017, the Constitutional Court ordered the Parliament to enact new abortion law within two years, introducing educational and preventive measures to make abortion an exception and not a rule, and to regulate conscientious objection. [6]

Czech Republic

In the Czech Republic since 2011, doctors and medical personnel can choose not to provide abortion care or prescribe any contraceptive (called Výhrada svědomí ). However, if a doctor refuses to provide abortion care they have to refer the patient to another doctor who can.

Hungary

In 2013, the Committee on the Elimination of Discrimination against Women of the United Nations expressed concern about "the increasing resort to conscientious objection by health professionals in the absence of an adequate regulatory framework." [7]

Ireland

Under section 22 of the Health (Regulation of Termination of Pregnancy) Act 2018, medical practitioners, nurses and midwives have the right not to participate in abortions, except when there is a risk to life or health of the pregnant woman in emergency. They also have to make arrangements to enable the woman to get an abortion. [8]

Italy

The law gives the option for health professionals to claim the right to refuse to perform abortion. If the health personnel demands to be conscientious objector, they have to declare it in advance (Art.9). However, conscientious objection may not be invoked by health professionals if the personal intervention is essential in order to save the life of a woman in imminent danger. [9]

Italy keeps a record of the objecting doctors. According to data from the Ministry of Health, between 1997 and 2016 there was a 12.9% increase in the number of gynecologists who refuse to perform abortions on moral grounds, from 62.8% to 70.9%, the highest percentage ever recorded. As of 2016 the percentage is higher than the national average in Southern Italy (83.5%) and Sicily and Sardinia (77.7%), and lower in Central (70.1%) and Northern Italy (63.9%). The percentage is growing in all the macroregions except the North. As a result, voluntary abortion is performed only in 60% of the hospitals of the country. Also, non-objecting doctors suffer discrimination, and -in some provinces- needs to perform record-numbers of abortions, up to 15.8 per week in the province of Taranto (Apulia) or 12.2 in the province of Catania (Sicily). [2]

A resolution by the Council of Europe has found several violations of the European Social Charter in the situation:

Poland

The Constitutional Tribunal "abolished a requirement that medical professionals who refuse to provide health services refer patients to an alternate medical provider". [12]

Portugal

Abortion was legalised in Portugal in 2007. The law allows conscientious objection [13] and many doctors refuse to perform abortion, [14] making it difficult for women to access it. [15]

United Kingdom

In England and Wales and Scotland, medical staff has the right to refuse to participate in abortion because of conscientious objection. [16] Section 4 of the Abortion Act 1967 (which does not extend in Northern Ireland, where abortion is prohibited under most circumstances) states:

(1) Subject to subsection (2) of this section, no person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this Act to which he has a conscientious objection:

Provided that in any legal proceedings the burden of proof of conscientious objection shall rest on the person claiming to rely on it.
(2) Nothing in subsection (1) of this section shall affect any duty to participate in treatment which is necessary to save the life or to prevent grave permanent injury to the physical or mental health of a pregnant woman.

(3) In any proceedings before a court in Scotland, a statement on oath by any person to the effect that he has a conscientious objection to participating in any treatment authorised by this Act shall be sufficient evidence for the purpose of discharging the burden of proof imposed upon him by subsection (1) of this section.

Oceania

New Zealand

In New Zealand, Conscientious Objection in Abortion is supported by legislation and employment was protected against discrimination, however, in 2020, this protection was partially removed where it causes unreasonable disruption to an employers services. [17]

See also

Related Research Articles

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A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to objecting to working for the military–industrial complex due to a crisis of conscience. In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service.

<span class="mw-page-title-main">Abortion in the United Kingdom</span> Overview of the legality and prevalence of abortions in the United Kingdom

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Abortion in Ireland is regulated by the Health Act 2018. Abortion is permitted in Ireland during the first twelve weeks of pregnancy, and later in cases where the pregnant woman's life or health is at risk, or in the cases of a fatal foetal abnormality. Abortion services commenced on 1 January 2019, following its legalisation by the aforementioned Act, which became law on 20 December 2018. Previously, the 8th Constitutional Amendment had given the life of the unborn foetus the same value as that of its mother, but the 36th constitutional amendment, approved by referendum in May 2018, replaced this with a clause permitting the Oireachtas (parliament) to legislate for the termination of pregnancies.

Abortion in New Zealand is available within the framework of the Abortion Legislation Act 2020, which entirely eliminated the criminal status of abortion and allows termination on request during the first 20 weeks of pregnancy. After 20 weeks abortion is permitted only if a health practitioner deems it "clinically appropriate" and consults at least one other health practitioner. However, the law does not specify what the conditions are which constitute "clinically appropriate", and there are no criminal penalties. Abortion is illegal only if a person who is not a licensed health practitioner procures or performs it.

<span class="mw-page-title-main">Abortion law</span> Laws that allow, prohibit, or regulate abortion

Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population.

Abortion in Sweden was first legislated by the Abortion Act of 1938. This stated that an abortion could be legally performed in Sweden upon medical, humanitarian, or eugenical grounds. That is, if the pregnancy constituted a serious threat to the woman's life, if she had been impregnated by rape, or if there was a considerable chance that any serious condition might be inherited by her child, she could request an abortion. The law was later augmented in 1946 to include socio-medical grounds and again in 1963 to include the risk of serious fetal damage. A committee investigated whether these conditions were met in each individual case and, as a result of this prolonged process, abortion was often not granted until the middle of the second trimester. As such, a new law was created in 1974, stating that the choice of an abortion is entirely up to the woman until the end of the 18th week.

Conscience clauses are legal clauses attached to laws in some parts of the United States and other countries which permit pharmacists, physicians, and/or other providers of health care not to provide certain medical services for reasons of religion or conscience. It can also involve parents withholding consenting for particular treatments for their children.

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<span class="mw-page-title-main">Abortion in Italy</span> Overview of the legality and prevalence of abortions in Italy

Abortion in Italy became legal in May 1978, when Italian women were allowed to terminate a pregnancy on request during the first 90 days. A proposal to repeal the law was considered in a 1981 referendum, but was rejected by nearly 68% of voters; another referendum aimed at eliminating the restrictions was rejected by 88.4%.

<span class="mw-page-title-main">Abortion in Colombia</span>

Abortion in Colombia is freely available on request up to the 24th week of pregnancy, due to a ruling by the Constitutional Court on February 21, 2022. Later in pregnancy, it is only allowed in cases of risk of death to the mother, fetal malformation, or rape, according to a Constitutional Court ruling in 2006.

<span class="mw-page-title-main">Contraception, Sterilisation, and Abortion Act 1977</span> Act of Parliament in New Zealand

Contraception, Sterilisation, and Abortion Act 1977, also known as the CS&A Act 1977, is an Act of Parliament in New Zealand. It was passed shortly following an inquiry by the Royal Commission on Contraception, Sterilisation and Abortion. The legislation established the legal framework for abortion in New Zealand; with abortions being allowed provided the procedure was approved by two certifying consultants and that the circumstances met the criteria of the Crimes Act 1961. In March 2020, several of its provisions were amended by the Abortion Legislation Act 2020, which eased access to abortion and eliminated most of the criteria established by the Crimes Act 1961.

<span class="mw-page-title-main">Abortion in Portugal</span> Overview of the legality and prevalence of abortions in Portugal

Abortion laws in Portugal were liberalized on April 10, 2007, allowing an elective abortion to be provided if a woman's pregnancy has not exceeded its tenth week. There is a three-day waiting period for abortions. President Aníbal Cavaco Silva ratified the law allowing abortion, recommending nevertheless that measures should be taken to ensure abortion is the last resort. Despite the liberalization of the laws, as of a 2011 survey, many doctors were refusing to perform abortions – which they are allowed to do under a conscientious objection clause. Abortions at later stages are allowed for specific reasons, such as risk to woman's health reasons, rape and other sexual crimes, or fetal malformation; with restrictions increasing gradually at 12, 16 and 24 weeks.

Abortion in Albania was fully legalized on December 7, 1995. Abortion can be provided on demand until the twelfth week of pregnancy. Women must undergo counseling for a week prior to the procedure, and hospitals which perform abortions are not allowed to release information to the public regarding which women they have treated.

Abortion is legally accepted in Hungary starting in 1953, with the most recent change to abortion laws being Act LXXIX of 1992 on the protection of fetal life. Under the current laws, abortions may be performed up to 12 weeks but may be extended up to 24 weeks in certain circumstances.

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<span class="mw-page-title-main">Osservatorio Balcani e Caucaso Transeuropa</span>

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The following timeline represents formal legal changes and reforms regarding women's rights in the United States except voting rights. It includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents.

<span class="mw-page-title-main">Abortion Legislation Act 2020</span> Act of Parliament in New Zealand

The Abortion Legislation Act 2020 is an Act of Parliament in New Zealand allowing unrestricted access to abortion within the first 20 weeks of pregnancy, and repealing sections of the Crimes Act 1961 related to unlawful abortion. After the 20-week period, women seeking an abortion must consult a qualified health practitioner who will assess their physical health, mental health, and well-being. The Act also provides provisions for conscientious objection rights for medical practitioners and exempts abortion services from certain Crimes Act provisions, while extending the definition of health services to include abortion services under the Health and Disability Commissioner Act 1994.

References

  1. ↑ Chavkin, Wendy (2017). "Regulation of Conscientious Objection to Abortion". Health and Human Rights. 19 (1): 55–68. PMC   5473038 . PMID   28630541.
  2. 1 2 Tamma, Paola (24 May 2018). "Even where abortion is legal, access is not granted". VoxEurop/EDJNet. Retrieved 8 March 2019.
  3. ↑ Heino, A.; Gissler, M.; Apter, D.; Fiala, C. (2013). "Conscientious objection and induced abortion in Europe". The European Journal of Contraception & Reproductive Health Care. 18 (4): 231–3. doi:10.3109/13625187.2013.819848. PMID   23848269. S2CID   26769659.
  4. ↑ Ellinor Grimmark against Sweden, 43726/17 (European Court of Human Rights2020).
  5. ↑ Jasić, Mirna (22 December 2014). "Croazia: diritto all'aborto a rischio". Osservatorio Balcani e Caucaso Transeuropa (in Italian). Retrieved 8 March 2019.
  6. ↑ Zvonimir, Šarić (7 March 2018). "Croazia: come sarà la nuova legge sull'aborto?". Osservatorio Balcani e Caucaso Transeuropa (in Italian). Retrieved 8 March 2019.
  7. ↑ Committee on the Elimination of Discrimination against Women (1 March 2013). Concluding Observations on the combined seventh and eighth periodic reports of Hungary adopted by the Committee at its fifty fourth session (11 February – 1 March 2013) (PDF) (Report). United Nations. p. 8. Retrieved 4 March 2019.
  8. ↑ "Health (Regulation of Termination of Pregnancy) Act 2018". Act No. 31 of 2018 (PDF). Oireachtas.
  9. ↑ "Law 194" (PDF). Columbia. Italian legislation. Retrieved 18 May 2018.
  10. ↑ "Resolution CM/ResChS(2016)3". Council of Europe. Retrieved 8 March 2019.
  11. ↑ "European Social Charter (Revised)". Council of Europe. Retrieved 8 March 2019.
  12. ↑ Women's sexual and reproductive health and rights in Europe (Report). Council of Europe. December 2017. p. 23. Retrieved 4 March 2019.
  13. ↑ Henrique, Almeida (15 November 2007). "Portugal doctors stand by anti-abortion principles". Reuters. Retrieved 8 March 2019.
  14. ↑ "In Portugal, abortion legal but many doctors refuse to perform them". WBEZ. 18 July 2012. Retrieved 8 March 2019.
  15. ↑ Meghan, Power (16 August 2011). "Worldview series examines abortion around the world". WBEZ. Retrieved 8 March 2019.
  16. ↑ "Conscientious objection". British Pregnancy Advisory Service. Archived from the original on 18 January 2018. Retrieved 8 March 2019.
  17. ↑ "Abortion Legislation Act 2020 No 6, Public Act Contents – New Zealand Legislation". www.legislation.govt.nz. Retrieved 1 May 2021.
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