A proposal to reduce vaccine exemptions while respecting rights of conscience

Medical Xpress / The Conversation

Stacie Kershner, Daniel Salmon, Hillel Y. Levin and Timothy D. Lytton

Vaccine resistance is one of the top 10 threats to global health in 2019, according to the World Health Organization. Here in the U.S., New York City is currently experiencing its worst outbreak of measles in decades, sickening scores of children in ultra-Orthodox Jewish neighborhoods.

Other clustered outbreaks of deadly and highly contagious, but vaccine-preventable, diseases are becoming frustratingly routine around the country. These outbreaks are caused by some parents’ decision to claim religious and philosophical exemptions to state mandates that children must be vaccinated in order to attend school.

In response, prominent health organizations and advocacy groups have called on state legislatures to eliminate religious and philosophical exemptions. . . .

. . . In a collaboration among legal scholars and public health experts, we have developed an alternative approach: a model law that aims to reduce the number of parents who decline to vaccinate their children while respecting freedom of conscience. . . [Full text]

A matter of conscience

The Irish Catholic

Greg Daly

“The one thing that doesn’t abide by majority rule is a person’s conscience,” Alabama lawyer Atticus Finch tells his daughter in Harper Lee’s 1960 novel To Kill a Mockingbird. It’s a powerful statement, and one worth bearing in mind by those who’d seek to make an idol of the ballot box.

It also homes in on one of the key issues facing doctors, religious or otherwise, who believe that they have duties towards all human beings, born or unborn, regardless of how the 36th Amendment to the Constitution permits the State to regulate abortion by law. . .[Full text]

Muslim doctors may upset Government abortion plans

Irish Catholic

Greg Daly

Ireland’s reliance on Muslim doctors in hospitals around the country may derail Government plans to roll out a national abortion service, a leading obstetrician has said.

Large numbers of non-consultant hospital doctors (NCHDs) working in maternity units outside Dublin are Muslims from abroad, according to Dr Trevor Hayes of Kilkenny’s St Luke’s Hospital, who says he had been personally told that they have serious religious qualms about performing abortions. . .[Full text]

Protection of Conscience at the Ontario Court of Appeal

Protection of Conscience Project

News Release

On 21/21 January the Protection of Conscience Project jointly intervened at the Court of Appeal of Ontario to support freedom of conscience against an oppressive policy of Ontario’s state medical regulator, the College of Physicians and Surgeons of Ontario (CPSO). CPSO policies demand that physicians who object to morally contested procedures – including euthanasia and assisted suicide – must help patients find a colleague willing to provide the contested services.

The Court was hearing the appeal of the Christian Medical and Dental Society of Canada, the Canadian Federation of Catholic Physicians’ Societies, Canadian Physicians for Life and five individual physicians against an Ontario Divisional Court decision . The Divisional Court had ruled in favour of the CPSO, ruling, in effect, that physicians unwilling to do what they believed to be wrong by providing “effective referrals” were free to move to medical specialties where they would not face conflicts of conscience.

Expert evidence from the appellants indicated that it is extremely difficult for physicians to retrain, and that only 2.5 per cent of all physician positions in Canada would be “safe” for objecting physicians: pathology, hair loss, obesity medicine, sleep disorders and research were among the few available specialities.

The appellants’ submissions were supported by the intervention of the Ontario Medical Association, representing more than 41,000 practising and retired physicians, medical students and residents.

Joining the Project as “Conscience Interveners” were the Catholic Civil Rights League and Faith and Freedom Alliance. The joint submission noted the difference between perfective freedom of conscience (doing what one believes to be good) and preservative freedom of conscience (refusing to do what one believes to be wrong), a distinction hitherto ignored in judicial analysis.

Acknowledging that freedom of conscience can be limited to safeguard the common good, the Conscience Interveners argued that it does not follow that limits on perfective and preservative freedom of conscience can be justified on the same grounds or to the same extent.

The joint intervention drew the Court’s attention to the opinion of Supreme Court Justice Bertha Wilson in R v. Morgentaler, the only extended discussion of freedom of conscience in Canadian jurisprudence. Justice Wilson’s reasoning drew upon the key principle that humans are not a means to an end, and we should never be exploited by someone as a tool to serve someone else’s good – a principle championed by people like Martin Luther King Jr.

This principle – identified as the principle against servitude – was proposed as a principle of fundamental justice, a novel and constitutionally significant assertion. Alternatively, the Conscience Interveners argued that the principle against servitude is so foundational to human rights and freedoms it is difficult to imagine how violating it might be justified.

Forcing someone to participate in perceived wrongdoing demands the submission of intellect, will, and conscience, and violates the principle against servitude by reducing that person to the status of a tool to be used by others. This manner of servitude cannot be reconciled with principles of equality. It is an assault on human dignity that deprives physicians of their essential humanity.

Factum of the Conscience Interveners

The Evangelical Fellowship of Canada, B’nai Brith, and the Justice Centre for Constitutional Freedoms intervened in support of the physician appellants. Dying With Dignity Canada and the Canadian Civil Liberties Association intervened against them.

The Court reserved its decision.

Related: CCRL news release

Contact: Sean Murphy, Administrator, Protection of Conscience Project Email: protection@consciencelaws.org

Fewer than one in 10 GPs have signed up to provide medical abortions

Irish Independent

Eilish O’Regan

FEWER than one in 10 of the country’s GPs have signed up to provide medical abortions since the new law was rolled out on January 1, although the number is increasing.

The HSE said that 236 of around 2,500 GPs are now participating in providing medical abortions. . . [Full text]