We leave the issues I regularly. But I find it interesting from a legal standpoint. Therefore I dedicate this post to summarize the position of those advocating conscientious objection professionals care to abortion and its legal treatment in the English legislation.
from a reality. In Spain, conscientious objection is not regulated in a clear and concrete. This leads to a more constant reference to the jurisprudence of the Constitutional Court in this case to Case 53/1985. This ruling established jurisprudence regarding the recognition of the objection of doctors to abortion in relation to Article 16 of the English Constitution, which guarantees "freedom of ideology" and not recognizing the existence of specific legislation, but because it signifies and demonstrates civil respect to freedom of thought people.
This article does not do, however, interpretation of what sets it own Code of Ethics and Medical Ethics. Because we do not, their very existence and validity, it is only possible if there is a recognition of superior order to conscientious objection. In this issue must be highlighted as at European level these texts are considered Medical Guide and not complementary legislation. And as a curiosity, we refer to Article 18 of the European Medical Ethics Guide to learn that the objection is treated as a performance "according to medical ethics" which is based on "belief personal "and that allows you to conclude its refusal to" intervene in reproductive processes or in cases of termination of pregnancy or abortions. "
What rights are those that protect conscientious objection to abortion?
This issue we deal with it from two aspects. First, a right to life recognized and guaranteed by art. 15 of the EC, which is a higher value of constitutional law and is the essential fundamental right without which all other rights have no possible existence. Second, a fundamental legal value as the dignity of the individual and is recognized in the art. 10 as the basis of the rights of individuals.
Following the submission of all powers to the Constitution we must understand that, and in conjunction with fundamental rights are protected, the State's obligation not to injure the individual or institutional area protected, but also "a positive obligation to help the effectiveness of such rights, and the values \u200b\u200bthey represent, even when there is no subjective intention of the citizen. "
What is meant by conscientious objection?
means conscientious objection people's refusal to follow a behavior that it considers incompatible with their own ethical convictions and ideologies. Since this behavior required by a rule, contract, judicial or administrative.
objection Is consciousness a fundamental right?
While STC 53/1985 established jurisprudence in the specific subject of conscientious objection in the case of abortion. It has been generally accepted referral to the STC 161/1987 of TC to clarify that specific assessments of individual cases are made of objection does not imply recognition of this fundamental right.
From this we conclude that it applied to conscientious objection in the case of abortion for health professionals does not apply to other cases, nor should be construed broadly and comprehensively. Proponents
recognition of conscientious objection as a fundamental right have interpreted these statements and other widely applied to specific cases, but mostly, wanted to affirm the lack of content and the lack of protection that is Article 16 EC ( ideological freedom) if there is no more fundamental right to conscientious objection is a clear reflection of this ideological freedom.
Debate is on this crucial issue in considering conscientious objection as a broad general right to protection and enforcement or otherwise, its restrictive application and interpretation with respect to other rights, rules and resolutions.
end this point with specific reference to the STC 161/1987 and in particular its position clear on the question: "Conscientious objection, in general, ie the right to be exempted from complying with the constitutional or statutory duties by that compliance be contrary to their own convictions, is not recognized or could imagine what was on our right or any right it would mean denial of the State. What may happen is exceptionally permitted in respect of a specific duty. "
What legal status is the "unborn child" for the conscientious objector?
conscientious objector, health professional who refuses to practice or participate in an abortion considers the fundamental right to life as a right applied to the "unborn child" in all its breadth. Human life is a becoming, a process that begins with gestation, during which "a biological reality takes corporeal and sensitive human settings." And thus implying that the very "unborn child" becomes a holder of rights not be violated or infringed because "within the qualitative changes in the development of the life process, birth is particularly relevant. And prior to birth has special significance from the time that the "unborn child" is already capable of independent life of the mother. "
can not legally within our rights essential to consider these arguments support the thesis that the" unborn child "also falls within the ownership of the right to life, but in any case" the decisive to the issue of conscientious objection "is that" the life of "unborn child" is a constitutionally protected legal interest in art. 15 of our Constitution. "
moral limit to conscientious objection.
Honesty behavior becomes a clear limit to the application for conscientious objection. One enjoys the protection of law, and requires such protection, in the same way that recognizes the rights of others. It would not be credible objection claiming a right based on criteria that go against the very values \u200b\u200bit claims a defense. Honesty
of conduct and lifestyle consistent with the principles that you declare to defend. Terms
to register an objection.
The CEA believes that generally the application that performs a toilet to be relieved of a certain type of responsibility should be respected when they give both the following conditions:
1 - The request comes as conscientious objection to participate in a particular type of procedure or treatment and is not as opposed to a refusal to treat a certain type of patient.
2 - The request appears to correspond to a value that the employee had with persevering fidelity.
3 - The responsibility of care for which the employee claims to be excused is not central to the profession
4 - Written statement of the petition of objection. Which will be valued positively which was issued prior to the existence of a conflict.
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