Doctor-ethicist sees ongoing efforts to weaken conscience protections

Boston Pilot

Peter Finney Jr.

NEW ORLEANS (CNS) — Fine print contained in the Affordable Care Act has weakened conscience protections for physicians who oppose abortion, sterilization or other medical practices on religious or moral grounds, a doctor and ethicist told the American Academy of Fertility Care Professionals.

Dr. John Brehany, executive director and ethicist of the Catholic Medical Association, said with the passage of the new health care law, commonly called Obamacare, “the federal government is posing real threats to faithful health care professionals.”

“While Obamacare itself does have a couple of conscience-protection provisions built in, the fact is, if you look at the big picture, which are the old federal laws and what was achieved from 1973 to 2004, we are now missing some important protections, and we are now vague on how these old laws will carry forward into the future,” Brehany said Aug. 10 during told the academy’s annual gathering in New Orleans. . . . [Full text]

Irish government signals intention to force Catholic hospitals to provide abortion

Physician recommends expansion of abortion services beyond designated facilities

Quoting an unnamed official of the Irish Department of Health, the Irish Independent has reported that the Irish government intends to force Catholic hospitals to provide abortions under the new Irish abortion law.  The official is quoted as saying that the new law provides for conscientious objection for individuals, but the exemption ” does not apply to a hospital.”

The Irish Independent also reports that Dr. Kevin Walsh, a cardiologist at Mater Hospital, Dublin, has said that more hospitals should be designated to provide abortions, as he believes that the obstetric hospitals do not have the resources to manage women who are “pregnant and critically ill with heart disease.”   Abortions in such circumstances would be better provided in acute care hospitals, he said, “on an urgent planned basis rather than immediate emergency basis.”

Mater board priest says hospital can’t carry out abortions

Board of governors to consider position on new law versus Mater ‘ethos’

Irish Times

Kitty Holland

The Mater hospital in Dublin “cannot comply” with the Protection of Life During Pregnancy Act and cannot carry out abortions, a member of its board of governors has said.

Fr Kevin Doran was speaking to The Irish Times as the board prepares to meet in the coming weeks to discuss how or whether the hospital will abide by the legislation. [Full text]

Conscientious objection: the struggle continues

Bioedge

Reproduced with permission

Michael Cook*

The fight over conscientious objection to abortion has moved from the evening news to the academic journals. In the April issue of the American Journal of Public Health, two defenders of reproductive rights outline strategies to restrict abortion rights. They complain that “unregulated conscientious objection” seems to be growing, especially in countries where opposition to abortion is strong.

In a SSRN paper which is yet to be published, Lachlan De Crespigny, an Australian doctor writing from Oxford, and two academics from Monash University fiercely defend a recent law in the state of Victoria which forces doctors to refer for abortion. “The unregulated use of conscientious objection impedes women’s rights to access safe lawful medical procedures,” they write. “As such, we contend that a physician’s withdrawal from patient care on the basis of conscience must be limited to certain circumstances.”.

They contend that arguments in support of conscientious objection are often a smokescreen for imposing Catholic dogma. But women who conscientiously desire abortions also have rights. “The choice of abortion is in many cases the morally responsible decision that should not be overridden by the imposition of another’s conscience.”

A recent paper in the Journal of Bioethical Inquiry by two Canadians, a doctor and a lawyer, tries to make some philosophical distinctions which make conscientious objection to abortion more plausible. They distinguish between “perfective” and “preservative” freedom of conscience. The former is exercised in the pursuit of a perceived good. This must often be limited. The latter is more fundamental and cannot legitimately be coerced except in the most exceptional circumstances.

“If the state can legitimately limit perfective freedom of conscience by preventing people from doing what they believe to be good, it does not follow that it is equally free to suppress preservative freedom of conscience by forcing them to do what they believe to be wrong. There is a significant difference between preventing someone from doing the good that he/she wishes to do and forcing him/her to do the evil that he/she abhors.”

It could be argued that an ethics committee, or an institution or a government assumes the moral responsibility for a coerced decision. But this does not take into account the well-documented guilt and shame felt by concentration camp survivors who were forced to participate in heinous crimes. “When it is suppressed by coercion, the result is the kind of spiritual rape suffered by those victims of the camps who were forced to do what they believed to be wrong.”

Midwife fired for refusing to assist in abortion

Hrvatski Ponos (Croatian Pride) Hospital,
Knin, Croatia

Lost her job in the Knin hospital: “They fired me because I would not participate in abortions”

Slobodna Dalmacija

Doctors and nurses in Croatia may call upon conscientious objection in situations when their religious beliefs prevent them from participating in medical procedures contrary to the postulates of their faith. One such situation is the deliberate termination of a pregnancy.

The conscientious objector, however, cannot be a midwife, at least not at the general hospital “Hrvatski Ponos (Croatian Pride)” in Knin because, like Jaga Stojak, they could lose their job.

Jaga Stojak (49), after 27 years of service, of which the last 14 was spent working as a midwife in the Knin hospital, received a dismissal of her contract on June 14 of this year, because she refused to participate in an abortion citing conscientious objection. “It was not the first time when I, as a practicing Catholic, refused to participate in that procedure. There have been many discussions and meetings at the hospital because there are more midwives who share the same opinion.” [Full Text- English; Croatian]