Category: Law

Uruguay Abortion Law: Protection of Conscience Provisions

Sean Murphy*

The Act legalizing abortion in Uruguay, passed in the fall of 2012, includes two protection of conscience provisions.

Section 10 provides protection for existing health care institutions that are part of the National Integrated Health System if they had ideological objections to abortion at the time the law was enacted.  They are not required to provide abortion, but “may” reach an agreement with the Ministry of Public Health to arrange for their patients to have abortions elsewhere.  If “may” is understood to mean that such arrangements are optional, institutional freedom of conscience will not be compromised.  However, it appears that all hospitals that are part of the National Integrated Health System that are opened from this point on will be required to provide abortions.

Section 11 allows conscientious objection by health care workers, but this is limited by the meaning given to “health” in Section 6A.

[Protection of concience provisions: Spanish/English]

 

Conscientious Abortions?

  We Don’t Need New Laws Protecting Abortionists

  • Richard M. Doerflinger* |  If we legally protect a “right of conscience” to refuse to assist or perform abortions, shouldn’t we also protect “conscience-based” decisions to provide abortions? So asks Dr. Lisa Harris of the University of Michigan, in a recent commentary in the New England Journal of Medicine (further publicized at a Washington Post blog).
    Full Text

 

‘Obsessive Political Correctness’ Trumps Freedom of Conscience

 European Court of Human Rights Gives Ruling on Religious Freedom Cases

ROME, January 16, 2013 (Zenit.org).

Today, the Fourth Section of the European Court of Human Rights has issued an important ruling on freedom of conscience and freedom of religion. While it contains some positive language regarding the wearing of religious symbols, the ruling is deeply worrisome with regards to the freedom to act according to one’s individual conscience. [Read on]

 

Assisted suicide ban upheld in Ireland: appeal likely

Judges suggest compassionate exception might be made

A three judge panel of the Irish High Court has rejected a suit by a woman suffering from multiple sclerosis to strike down the absolute ban on assisted suicide.  The court held that it would be impossible to craft an exemption to cover her particular case that would not have implications for other cases and ultimately endanger other vulnerable people.  The Court also ruled that the Director of Public Prosecutions (DPP) cannot issue guidelines to indicate what factors would be considered in deciding whether or not to prosecute someone for assisting a suicide, nor can the DPP be consulted in advance in particular cases.  However, the judges commented that the DPP might exercise discretion if there were reliable evidence of compliance with factors similar to those set out in prosecution guidelines issed by the Director of Public Prosecutions in England.  They added that they were sure that the Irish DPP would exercise discretion humanely and with sensitivity.  The decision is likely to be appealed. [Irish Times; Appeal Likely]

Court hears appeal of midwives ordered to participate in abortion services

A panel of three judges in Edinburgh is hearing arguments in an appeal by two midwives who were ordered to supervise provision of abortion in the National Health Service Greater Glasgow and Clyde region.  A lower court ruled that the protection of conscience provision in the 1967 Abortion Act did not apply to them.  [BBC] The case turns upon the definition of “participation,” which is not set out in the Act.