conscience clause

  • Ethical Aspects of the Conscience Clause in Polish Medical Law

    Author: Justyna Czekajewska
    E-mail: justynaczekajewska@gmail.com
    Institution: Poznań University of Medical Sciences, Poznań, Poland
    ORCID: https://orcid.org/0000-0003-2833-8815
    Year of publication: 2018
    Source: Show
    Pages: 206-220
    DOI Address: https://doi.org/10.15804/kie.2018.04.13
    PDF: kie/122/kie12213.pdf

    In Polish medical law, the conscience clause is understood as both a moral and legal norm which gives consent to selected medical professions (doctors, nurses, midwives, and laboratory technicians) to withdraw certain activities due to ethical objections.
    The explanation given for the conscience clause is not sufficient. There is no detailed information on the difference between compulsory and authorized benefits and the conditions for resignation from medical treatment. These problems not only lead to interpretational errors, but also to the abuse of law. Medical attorneys, among others, Andrzej Zoll, Mirosław Nesterowicz, Leszek Bosek and Eleonora Zielińska, present different opinions on the understanding of refusal to perform health care services by health care workers, and the lack of agreement leads to conflicts.
    In this article, I compare the views of ethicists and lawyers on the conscience clause. I present differences in the interpretation of medical law, and to all considerations I add my own opinion.

  • Objection of the Physician’s Conscience. Legal or Ethical Category?

    Author: Aldona Domańska
    E-mail: adomanska@wpia.uni.lodz.pl
    Institution: University of Łódź
    ORCID: https://orcid.org/0000-0002-9343-6932
    Year of publication: 2020
    Source: Show
    Pages: 275-284
    DOI Address: https://doi.org/10.15804/ppk.2020.06.22
    PDF: ppk/58/ppk5822.pdf

    Freedom of conscience is the basis of a democratic state and a pluralistic society. It has been formed slowly in the course of long-lasting historical processes and philosophical discourse. Although intuitively understood, this concept is still not clearly defined. This freedom is guaranteed by the normative acts in force in the UN system, as well as in the Council of Europe and the European Union and in the basic laws of individual states. Its protection is the conscience clause, which is not regulated by the basic law. The aim of this research is to answer a question whether the conscience clause is a legal or purely ethical category. In view of the broad scope with regard to this issue, the paper is devoted to the question of determining the legal nature of the physician’s conscience clause.

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