- Michael Sean Winters* | . . . We are called to conform ourselves to the moral law and so form our consciences that this conformity is understood, properly, as a genuine liberation, a freeing of one’s capacity to choose so that we choose the good. In short, our exercise of conscience is not just a legal claim of immunity. . .
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Category: Abortion
Irish Bishops’ briefing note on the Protection of Life During Pregnancy Bill 2013
The Catholic bishops of Ireland have sent a briefing note to the Oireachtas (Irish parliament) concerning the controversial Protection of Life During Pregnancy Bill 2013. Among the criticisms of the bill was the following reference to the bill’s protection of conscience provision:
3. The Bill also creates a number of serious moral, legal and Constitutional conflicts in the area of freedom of conscience and religious belief, notably:
A. The Bill provides for conscientious objection by ‘any medical practitioner, nurse or midwife’ only. It excludes others who may be obliged to co-operate in providing abortion services against their conscience or religious belief. This is in contrast to the wording of the proposed Protection of Human Life in Pregnancy Bill 2001, which provided for conscientious objection by ‘any person’ carrying out or assisting in an abortion. The operation of this clause is also unacceptable because it involves a form of co-operation in evil by obliging those who conscientiously object to knowingly put the patient in to the care of medical personnel who will carry out an abortion. In effect, therefore, medical personnel are being given no choice but to cooperate in an abortion. This is in contrast to the practice in many other countries which ask only that the patient be handed over to the care of other medical personnel. Limiting the scope of conscientious objection in this way is potentially in conflict with Article 44.2.3 of the Constitution, which states that: “The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status”, with the general direction of legal interpretation of Article 9 of the European Convention on Human Rights and with recent UK based cases such as Doogan & Anor v NHS Greater Glasgow & Clyde Health Board [2013] ScotCS CSIH 36.
B. Article 44.2.3 also raises important questions of principle about the application of the Party Whip system to oblige members of the Oireachtas to vote in favour of this legislation, against their religious conscience. It may even open the possibility of a Constitutional challenge to the legislation itself on the basis of an un-constitutional legislative process.
C. The obligation on ‘appropriate institutions’ identified by the Minister to provide abortion services may be in conflict with existing legal arrangements and, in some cases with Article 44.2.5 of the Constitution, which states that: “Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes”.
People need to be free to act on their conscience
CONSCIENTIOUS objection is a hugely important concept. On fundamental ethical issues, like life and death, people should have the freedom to act on their conscience.
This applies to those legislating on abortion and providing access to abortion. The Protection of Life During Pregnancy Bill 2013 allows conscientious objection, but in the most limited way. Its provisions are more restrictive than in many other jurisdictions, which carries a chilling message. . .
. . . Forcing people to violate their conscience risks bending or breaking the moral compass that guides them. Therefore, legislators should be free to vote on this legislation according to their conscience. And anyone working in hospitals providing abortions should be able to consciously object to being involved. [Full text]
Personal Opinions and Ideology, Not “Science”
From Conscience and its Enemies: Confronting the Dogmas of Liberal Secularism
On September 11, 2008, the President’s Council on Bioethics heard testimony by Anne Lyerly, MD, chair of ACOG ‘s Committee on Ethics. Dr. Lyerly appeared in connection with the council’s review of her committee ‘s opinion (No. 385) entitled “Limits of Conscientious Refusal in Reproductive Medicine.” That opinion proposes that physicians in the field of women’s health be required as a matter of ethical duty to refer patients for abortions and sometimes even to perform abortions themselves .
I found the ACOG Ethics Committee ‘s opinion shocking and, indeed, frightening. One problem was its lack of regard – bordering on contempt , really – for the sincere claims of conscience of Catholic, Evangelical Protestant , Orthodox Jewish , and other pro-life physicians and health-care workers. . .[Full text]
Letter to General Medical Council (UK) re: conscientious objection to abortion
When two Glasgow midwives won the right to opt out of supervising abortions last April I suggested that the General Medical Council (GMC) needed to revise its professional guidance on the matter which now seemed to be at odds with the law.
At the time Niall Dickson (pictured), the GMC’s chief executive, actually told the Guardian that the GMC would need to consider the implications of the judges’ decision on its guidance. He is quoted as saying:
We will study the outcome of this ruling, which has just come out, to see if there are any implications for our guidance. We already have clear guidance which says that doctors should be open with employers and colleagues so they can practise in accordance with their beliefs without compromising patient care.
As I have heard nothing further from the GMC about the matter, and almost two months have passed, I have today written to Mr Dickson to ask what is happening. [Full text]