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.

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