Journal Citation:
19(3) EUROPEAN JOURNAL OF HEALTH LAW, 231-256 (2012)
This article examines the practice of
conscientious objection to sexual and
reproductive health services in Europe.
Conscientious objection arises in health
care when providers refuse to provide
certain services (such as abortions) based
on religious, moral, ethical, or
philosophical beliefs. This article
explores the human rights outlined in
international and European law and the
medical and ethical standards regarding
the regulation of conscientious objection
and discusses the current state of the law
in Europe. It finds that inadequate
regulation of this practice in Europe has
resulted in violations of women's right to
access quality sexual and reproductive
health services. Finally, this article
provides recommendations on how to
regulate conscientious objection so as to
protect both the health care providers'
beliefs and individuals' rights to
reproductive and sexual health care. These
recommendations include: doctors reporting
their objecting status to authorities,
prohibiting institutions from having
objecting status, allowing only those
directly involved in procedures to object,
providing un-biased health care
information, and the duty to refer and
provide care in an emergency.