THE REFUSAL OF ABORTION AND PHYSICIAN’S CONSCIENCE CLAUSE
Journal Title: Studia z Prawa Wyznaniowego - Year 2013, Vol 16, Issue 16
Abstract
The article discusses the issue of the conscience objection of a physician, who refuses to carry out an abortion on the basis of moral or religious beliefs. The conscience objection belongs to human rights protected by Polish Constitution and Penal Code. It is also provided in the Article 39 of the Act of 5 December 1996 on Medical and Dental Profession. The right of conscience objection to medical intervention applies in cases, where the conducting of such intervention is a legal duty. Polish Constitution protects humans life in every stage of its development. The admissibility of abortion is an exception to the rule. It is based on circumstances exempting the illegality of the act due to the conflict of goods protected by law. With this kind of construction, no subjective “right to abortion” can be derived that would be accompanied by a duty of the physician to terminate the pregnancy. Such a duty has no legal base in the Article 30 Act on Medical and Dental Profession either, because this provision protects every human being, including the unborn child. It seems then, that the physician has no legal obligation to resolve the possible conflict of child’s right to life and mother rights to health and life by sacrifice of a child. He has only such a possibility, the using of which makes him free from legal liability for abortion. In conclusion, it seems that in most cases of the refusal of abortion by a physician, it is not necessary to refer to the conscience clause.
Authors and Affiliations
Małgorzata Gałązka
Keywords
Related Articles
- EP ID EP131301
- DOI -
- Views 221
- Downloads 0
THE ACTIVITIES OF THE CATHOLIC MASS MEDIA AS MANIFESTATION OF PLURALISM AND GUARANTEE OF DEMOCRACY
The man as a social being functioning simultaneously in different communities. One of them consists of churches and religious associations that have the right to establish and hold their own the mass media. Through them,...
THE SECULARISATION IN EUROPE FROM LITHUANIAN PERSPECTIVE
Taking the Lithuanian perspective on the substantial progress of secularization processes Europe-wide, a number of general observations can be made. First and foremost, it must not be overlooked that the forefathers of t...
Is the Swedish state secular when religious service functions are integrated in state institutions?
This chapter analyses the ambiguous presence of religious agents as service providers in Swedish state institutions, which are supposed to be secular; hospitals, prisons, the military and public schools.
ZALETY ORAZ MANKAMENTY UKŁADOWEJ REGULACJI STOSUNKU PAŃSTWA DO NIERZYMSKOKATOLICKICH KOŚCIOŁÓW I INNYCH ZWIĄZKÓW WYZNANIOWYCH OKREŚLONYCH W ART. 25 UST. 5 KONSTYTUCJI RP
Nowa metoda regulacji stosunków między państwem a związkami wyznaniowymi określona w art. 25 ust. 5 Konstytucji RP z 1997 r., może być postrzegana w kategoriach zalet, ale i mankamentów. Z pewnością zastosowany w tej met...
Rec. Carlo Cardia, Identità religiosa e culturale europea. La questione del crocifisso, Con prefazioni di Franco Frattini, Ministro degli Affari Esteri, Gianni Letta, Sottosegretario di Stato alla Presidenza del Consiglio, Umberto Allemandi & C. Torino - Londra - Venezia - New York 2010, ss. 157