A reexamination of conscience protections in healthcare
Published: December 30, 2013
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All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
Authors
J.D., Legal advisor/advocate for the Holy See, .
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Responding to Dr. Lisa Harris' article in the September 13, 2012 issue of the New England Journal of Medicine, this article reexamines conscience from a legal perspective. It analyzes conscientious objection in the context of U.S. federal law protecting religious freedom and explains why those who morally object to performing abortions have a legitimate right to conscientious objection. In contrast, the argument is made that abortionists have no such right to perform abortions for reasons of "conscience" because the legal concept of conscience precludes intruding upon the rights to others, and in the case of abortion, the abortionist is intruding upon the right to life of an innocent, unborn human being. The legal concept of "conscience" cannot ignore or dismiss the scientific and empirically verifiable conclusion that a human being comes into existence at the moment of fertilization. Furthermore, a distinction is drawn between negative and positive rights in the context of U.S. federal law which renders the use of "conscience" as a justification for performing abortions all the more untenable. The emphasis of the article is on the objective reality and limits of conscience as a legal concept, affirming that, while conscience proceeds from a human subject, it is not, therefore, arbitrary and thus unworkable as a legal concept. Recognizing the various approaches to and implications ensuing from the concept of conscience, the article simply aims to defend conscience as a workable legal concept rooted in U.S. federal law and human reason. In this way, it seeks to advance the authentic freedom of the human person to live in accordance with the dictates of his/her conscience.
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