Extract The United States has embarked on a dangerous course. When the right of healthcare workers to refuse participation in certain procedures based on conscience is denied, we have started down the path of preparing rightminded, conscience-driven people to abandon ethical practice and in some situations to become killers. Anytime people are forced to act against what they believe to be right and coerced to do what they consider to be wrong, a very treacherous gulf has been crossed. When the right of conscience is removed from healthcare workers, we will have healthcare workers without conscience.
Debra B Stulberg, Ryan E Lawrence, Jason Shattuck, Farr A Curlin
Journal of General Internal Medicine
Abstract BACKGROUND Religiously affiliated hospitals provide nearly 20% of US beds, and many prohibit certain end-of-life and reproductive health treatments. Little is known about physician experiences in religious institutions. OBJECTIVE Assess primary care physicians’ experiences and beliefs regarding conflict with religious hospital policies for patient care. DESIGN Cross-sectional survey. PARTICIPANTS General internists, family physicians, and general practitioners from the AMA Masterfile. MAIN MEASURES In a questionnaire mailed in 2007, we asked physicians whether they had worked in a religiously affiliated hospital or practice, whether they had experienced conflict with the institution over religiously based patient care policies and how they believed physicians should respond to such conflicts. We used chi-square and multivariate logistic regression to examine associations between physicians’ demographic and religious characteristics and their responses. KEY RESULTS Of 879 eligible physicians, 446 (51%) responded. In analyses adjusting for survey design, 43% had worked in a religiously affiliated institution. Among these, 19% had experienced conflict over religiously based policies. Most physicians (86%) believed when clinical judgment conflicts with religious hospital policy, physicians should refer patients to another institution. Compared with physicians ages 26–29 years, older physicians were less likely to have experienced conflict with religiously based policies [odds ratio (95% confidence interval) compared with 30–34 years: 0.02 (0.00–0.11); 35–46 years: 0.07 (0.01–0.72); 47–60 years: 0.02 (0.00–0.10)]. Compared with those who never attend religious services, those who do attend were less likely to have experienced conflict [attend once a month or less: odds ratio 0.06 (0.01–0.29); attend twice a month or more: 0.22 (0.05–0.98)]. Respondents with no religious affiliation were more likely than others to believe doctors should disregard religiously based policies that conflict with clinical judgment (13% vs. 3%; p = 0.005). Conclusions Hospitals and policy-makers may need to balance the competing claims of physician autonomy and religiously based institutional policies.
Pub Med Abstract The paper [in Spanish] analyzes the right of healthcare professionals to conscientious objection in multicultural societies. The ethical relativism characteristic of these societies abides with an apparently paradoxical reduction of the exercise of freedom of conscience. “Apparently” because, in the end, ethical relativism tends to adopt dogmatic attitudes. Special attention is paid to the situation of Spanish healthcare in relation to euthanasia and abortion. With regard to euthanasia, the “death with dignity” draft bill of Andalucía is considered. With regard to abortion, we will pay attention to the reform of the Penal Code in the context of a new regulation about “reproductive health” of women, which means the adoption of a system of time limits, and the characterization of abortion as a women’s right. It is concluded that freedom of conscience of healthcare professionals will probably be at risk if proposed legal policies don’t change.
Abstract Interest in understanding the meaning of conscience and conscientious objection in medicine has recently emerged in the academic literature. We would like to contribute to this debate in four ways: (1) to underscore and challenge the existing hierarchy of conscientious objection in health care; (2) to highlight the importance of considering the lay public when discussing the role of conscientious objection in medicine; (3) to critique the numerous proposals put forth in favour of implementing review boards to assess whether appeals to conscience are justifiable, reasonable and sincere; and (4) to introduce the Universal Declaration of Human Rights and the Siracusa Principles into the dialogue around conscience and suggest that perhaps conscientious objection is a human right.
Abstract The purpose of this thesis is to demonstrate what would be an appropriate model of the regulation of conscientious objections in health care. These objections are regulated in many countries’ national legislation, however, some of them fail to provide safeguards which would secure proper balance between the two conflicting interests – the health care professional’s right to act in accordance with his conscience and individual’s right to access health care. Therefore, this thesis analyzes regulation of the conscientious objection in the legal systems of the USA, the UK and the Slovak Republic with respect to the appropriateness of such regulation and major differences which they include. The thesis suggests that the protection of conscientious objection in the USA can go too far and be too excessive, while the UK presents much more appropriate model of regulation of conscientious objection with certain limitations. Furthermore, it submits that regulation of conscientious objection in Slovakia consists in general but vague clause creating the possibilities for future controversies.The thesis also analyses different opinions on the acceptability of conscientious objection in health care and finally, it suggests conditions and limitations of conscientious objection that should be met in the regulation of national legislation in order to find appropriate balance between the competing interests of health care professionals and patient.
Extract Introduction: Recently, the discussion regarding the physicians’ “Right of Conscience” (ROC) has been on the rise. This issue is often confined to the “reproductive health” arena (abortions, birth control, morning-after pills, fertility treatments, etc.) within the political context. The recent dispute of the Bush-Obama administrations regarding the legal protections of health workers who refuse to provide care that violates their personal beliefs is an example of the political aspects of this dispute.
Extract The administration of former President George W. Bush and the subsequent revival of the abortion disputes in the United States have put the ethical challenges of conscientious objection in the spotlight in many international journals on bioethics in the last decade. . . . In the last few years some clear administrative guidelines have been drawn up, considering the institutional realities of developed countries, most of them with private healthcare systems. These include rules that the objection or refusal is an individual right and not an institutional right and healthcare providers have a duty to refer a woman to a similar health care service provider.
I would suggest that this is not the reality for many developing countries.
Abstract As state and local anti-discrimination provisions become more and more comprehensive, physicians who refuse to treat patients for reasons of sexual orientation or marital status are beginning to face legal liability. Increasingly, physicians are invoking codes of medical ethics alongside more familiar constitutional law claims in support of their claim to insulation from legal liability. This Article explores what medical ethics has to say about physicians who, for sincerely held religious reasons, refuse to treat patients for reasons of sexual orientation or marital status. The issue is explored through the lens of a case recently decided by the California Supreme Court in which infertility physicians refused to help a lesbian couple have a child with the aid of artificial insemination. Through a close examination of the provisions of medical ethics codes and the arguments based on those codes raised in the California case, this Article concludes that medical societies should not support carving out an exception from anti-discrimination laws for physicians who, for reasons of religious conscience, want to express their class-based biases in the clinic.
Paula N Kagan, Marlaine C Smith, W Richard Cowling, Peggy L Chinn
Nursing Philosophy
Abstract The purpose of this paper is to present the theoretical and philosophical assumptions of the Nursing Manifesto, written by three activist scholars whose objective was to promote emancipatory nursing research, practice , and education within the dialogue and praxis of social justice. Inspired by discussions with a number of nurse philosophers at the 2008 Knowledge Conference in Boston, two of the original Manifesto authors and two colleagues discussed the need to explicate emancipatory knowing as it emerged from the Manifesto. Our analysis yielded an epistemological framework based on liberation principles to advance praxis in the discipline of nursing. This paper adds to what is already known on this topic, as there is not an explicit contribution to the literature of this specific Manifesto, its significance, and utility for the discipline. While each of us have written on emancipatory knowing and social justice in a variety of works, it is in this article that we identify, as a unit of knowledge production and as a direction towards praxis, a set of critical values that arose from the emancipatory conscienceness and intention seen in the framework of the Nursing Manifesto.
Abstract Background: In elderly care registered nurses (RNs) and nurse assistants (NAs) face ethical challenges which may trouble their conscience.
Objective: This study aimed to illuminate meanings of RNs’ and NAs’ lived experience of troubled conscience in their work in municipal residential elderly care.
Design: Interviews with six RNs and six NAs were interpreted separately using a phenomenological hermeneutic method.
Settings: Data was collected in 2005 among RNs and NAs working in special types of housings for the elderly in a municipality in Sweden.
Participants: The RNs and NAs were selected for participation had previously participated in a questionnaire study and their ratings in the questionnaire study constituted the selection criteria for the interview study.
Results: The RNs’ lived experience of troubled conscience was formulated in two themes. The first theme is ‘being trapped in powerlessness’ which includes three sub-themes: being restrained by others’ omission, being trapped in ethically demanding situations and failing to live up to others’ expectations. The second theme is ‘being inadequate’ which includes two sub-themes: lacking courage to maintain one’s opinion and feeling incompetent. The NAs’ lived experience of troubled conscience was formulated in the two themes. The first is ‘being hindered by pre-determined conditions’ which includes two sub-themes: suffering from lack of focus in one’s work and being restrained by the organisation. The second theme is ‘being inadequate’ which includes two sub-themes: lacking the courage to object and being negligent.
Conclusions: The RNs’ lived experience of troubled conscience were feelings of being trapped in a state of powerlessness, caught in a struggle between responsibility and authority and a sense of inadequacy fuelled by feelings of incompetence, a lack of courage and a fear of revealing themselves and endangering residents’ well-being. The NAs’ lived experience of troubled conscience was feelings of being hindered by pre-determined conditions, facing a fragmented work situation hovering between norms and rules and convictions of their conscience. To not endangering the atmosphere in the work-team they are submissive to the norms of their co-workers. They felt inadequate as they should be model care providers. The findings were interpreted in the light of Fromm’s authoritarian and humanistic conscience.
