Conscientious Objection to Sexual and Reproductive Health Services: International Human Rights Standards and European Law and Practice

Title: 
Conscientious Objection to Sexual and Reproductive Health Services: International Human Rights Standards and European Law and Practice
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.