The unsettled status of conscientious objection in the UK

BioEdge

Michael Cook

What are the rights of doctors who have a conscientious objection to certain procedures in the United Kingdom? The slightly confusing status quo is the subject of an article in the Journal of Medical Ethics by a Cambridge University academic, John Adenitire.

Dr Adenitire sketches a gradation of hostility towards conscientious objection.

1. At the very top there are Julian Savulescu and others who have argued that conscientious objection is “a door to a Pandora’s box of idiosyncratic, bigoted, discriminatory medicine” and has little place in modern medical practice. This is not a widely shared view.

2. Then there is the British Medical Association (BMA), the profession’s “trade union”, which defends conscientious objection only in three specific scenarios. It “should ordinarily be limited to those procedures where statute recognises their right (abortion and fertility treatment) and to withdrawing life-prolonging treatment from patients who lack capacity, where other doctors are in a position to take over the care.”

3. And then there is the General Medical Council (GMC), the profession’s regulator in the UK, which allows conscientious objection, albeit with a number of caveats. According to its 2013 policy statement, Personal beliefs and medical practice: “You may choose to opt out of providing a particular procedure because of your personal beliefs and values, as long as this does not result in direct or indirect discrimination against, or harassment of, individual patients or groups of patients. This means you must not refuse to treat a particular patient or group of patients because of your personal beliefs or views about them.‡ And you must not refuse to treat the health consequences of lifestyle choices to which you object because of your beliefs.”

4. Most accommodating of all is a ruling of the European Court of Human Rights (ECtHR) in the British case of Eweida in 2013. It applied Article 9 of the European Convention on Human Rights to several cases of discrimination in the UK. Article 9 guarantees “the right to freedom of thought, conscience and religion”, “subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others”.

It is Dr Adenitire’s contention that the Eweida ruling “effectively provides that medical professionals have the right to conscientiously object to providing certain healthcare services well beyond the scope endorsed by the BMA”.

This implies that “Given the unsettled nature of the law on the topic, [National Health Service] employers will have to proceed very cautiously as it will not always be clear whether denying a request will be considered lawful by a court. This entails that NHS bodies may be at risk of expensive legal challenges by medical professionals whose requests have been denied.”

Dr Adenitire therefore believes that the BMA’s policy should be changed to align more closely to the Eweida ruling.

However, the law is still unsettled and Dr Adenitire is not necessarily hostile to proposals for legalised assisted dying which are currently being debated in the UK. In an unpublished paper he goes on to argue that in certain circumstances doctors already have a “conscience-based right to provide assistance in dying”.


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A Warning from Canada on Assisted Suicide: Physicians’ Conscience Rights at Stake

CNSNews.com

Lynn Wardle

Historically, assisted suicide (aiding a person to take his or her own life) was prohibited by the common law in Canada, as in all common law jurisdictions. Indeed, at common law suicide resulted in forfeiture of all goods and chattels of the suicide victim to the state.  A person who assisted a person to commit suicide also committed a felony.

Prohibitions against attempting suicide and assisting suicide were codified in Canada in 1892.  The attempting suicide law was challenged as infringing upon the protection for individual liberty in section 7 of the Canadian Charter of Rights and Freedoms, but the criminal prohibition against assisted suicide was upheld by the Supreme Court of Canada in Rodriguez v. British Columbia (Attorney General) in 1993.

The statutory prohibition of attempting suicide was repealed in Canada in 1972.  However, the criminal prohibition against assisting a person to commit suicide remained in Canada.

In February 2015, the Supreme Court of Canada ruled that the prohibition of medical assistance in dying violates the Charter of Rights and Freedoms. Carter v. Canada (Attorney General), 2015 SCC 5.  Now Parliament is working to codify the Carter ruling.

A special parliamentary committee was appointed to consider how to reform the law.  On February 25, 2016, the Special Joint Committee on Physician-Assisted Dying delivered to the Parliament of Canada its Report on “Medical Assistance in Dying: A Patient-Centred Approach, February 2016, 42nd Parliament, 1st Session.”

The Report contains 21 recommendations.  Some of them are unobjectionable, but some are troubling to some thoughtful observers and medical ethicists, and a few are dangerously disrespectful of the rights and consciences of marginalized populations. The Report evades, brushes aside, or bulldozes over some very serious ethical issues. . . [Full text]

 

Some Quebec doctors let suicide victims die though treatment was available: college

National Post

Graeme Hamilton

MONTREAL  –  Quebec’s College of Physicians has issued an ethics bulletin to its members after learning that some doctors were allowing suicide victims to die when life-saving treatment was available.

The bulletin says the college learned last fall that, “in some Quebec hospitals, some people who had attempted to end their lives through poisoning were not resuscitated when, in the opinion of certain experts, a treatment spread out over a few days could have saved them with no, or almost no, aftereffects.”

It goes on to spell out a physician’s ethical and legal duty to provide care, even to patients seeking to end their own lives.

Yves Robert, the college’s secretary, told the National Post that an unspecified number of doctors were interpreting suicide attempts as an implicit refusal of treatment. They “refused to provide the antidote that could have saved a life. This was the real ethical issue,” he said. . . [Full text]

 

New Belgian law aims to force doctors into euthanasia

 LifeSite News

Jeanne Smits

BRUSSELS, March 17, 2016 (LifeSiteNews) – A handful of Belgian lawmakers are trying to obtain a radical change to the rules governing euthanasia in the country, where so-called “mercy-killing” has been legal since 2002.

Not content with one of the most liberal euthanasia laws in the world, the socialist representatives now want to oblige doctors who have conscientious objections to killing their patients asking for euthanasia, to refer them to a doctor who is prepared to do so. This has been interpreted as a sort of new obligation to accede to all euthanasia requests within a very short period of time, and the wording of the proposed legislation supports this. The changes also include enhanced rights attached to a patient’s “living will” as well as the negation of the right to conscientious objection for institutions. . . [Full text]

 

Doctor-assisted dying: Why religious conscience must be part of the debate

The Globe and Mail

Lorna Dueck

The competing rights of freedom of conscience, freedom of religion and access to physician-assisted death are at an impasse in Canada. When the Supreme Court last year struck down Criminal Code prohibitions on doctor-assisted death, the issue of conscience rights jumped urgently into the national discussion. A religiously informed conscience complicates things further, and thousands of health-care professionals and hundreds of religiously based health-care institutions are demanding that their Charter rights be protected.

If the recommendations from the parliamentary committee for new legislation are accepted and approved by the June 6 deadline, Canada would be by far the most liberal country in the world for medical assistance in dying. It would also become the most repressive on conscience rights, because the committee recommended that conscientious objectors refer death-seeking patients to another doctor or health-care facility – something that many people informed by a sense of duty to God and neighbour cannot do. . . [Full text]