military analogy Archives - Page 2 of 2 - Protection of Conscience Project Library

Conscientious Objection, Emergency Contraception, and Public Policy

Robert F Card

Abstract
Defenders of medical professionals’ rights to conscientious objection (CO) regarding emergency contraception (EC) draw an analogy to CO in the military. Such professionals object to EC since it has the possibility of harming zygotic life, yet if we accept this analogy and utilize jurisprudence to frame the associated public policy, those who refuse to dispense EC would not have their objection honored. Legal precedent holds that one must consistently object to all forms of the relevant activity. In the case at hand, then, I argue that these professionals must also oppose morally innocuous practices that may prevent pregnancy after fertilization. These results reveal that such objectors cannot offer a plausible and consistent objection to harming zygotic life. Additionally, there are good reasons to reject the analogy itself. In either case, these findings call into question the case supporting refusals of EC based on scruples.

Card RF. Conscientious Objection, Emergency Contraception, and Public Policy. J Med Phil. 2011;36(1):53-68.

Conscientious Objection? Yes, but make sure it’s genuine. (Conscientious Objection and Emergency Contraception)

Christopher Meyers, Robert D Woods

Extract
In our earlier essay (Meyers and Woods 1996, 118–119), and in alignment with Card’s (2007) analogy, we recommended a system similar to that used for exemption from military service, one that incorporates a review board for evaluating claims of genuine conscientious objection. Because different groups have different means for communicating that a belief is profoundly held, the review board should be structured to represent a diversity of racial, ethnic and religious beliefs and academic training. Furthermore, to reduce the potential power asymmetry between the review board and petitioners, it should also include a range of disciplines—medicine, nursing, mental health, social services, chaplaincy—and representatives from the community.

Meyers C, Woods RD. Conscientious Objection? Yes, but make sure it’s genuine. (Conscientious Objection and Emergency Contraception). Am J Bioeth. 2007;7(6):. Available from:

(Correspondence) Religion, Conscience and Controversial Clinical Practices

Lainie F Ross, Ellen W Clayton

New England Journal of Medicine, NEJM — New England Journal of Medicine

Extract
To impose the philosophy of caveat emptor is morally inadequate, given the differences in power and class between many physicians and their patients. Physicians must not be permitted to disavow responsibility on the grounds of conscientious objection; rather, such practitioners must choose careers in which their fundamental values do not interfere with the autonomy and well-being of patients. Like conscientious objectors to military service, medical conscientious objectors must bear the consequences of their beliefs.

Clayton EW. (Correspondence) Religion, Conscience and Controversial Clinical Practices. N Engl J Med. 2007 May 03;356(18):1890.

The Fallacies of Objections to Selective Conscientious Objection

Amir Paz-Fuchs, Michael Sfard

Abstract
This paper critically analyzes the theoretical and pragmatic arguments raised against the refusal of individuals to serve in a specific military campaign that they view as immoral. The Israeli Supreme Court case of Zonshein v Judge-Advocate General will serve as an axis of the discussion, as it combines two related facets: first, the Court’s decision touches upon most of the difficult issues in the field of conscientious objection. And second, the development leading up to the decision was accompanied by an exceptional clash of academics, each side summoning expert opinions in support of its claim.

Courts worldwide have accepted that a categorical distinction exists between universal and selective conscientious objection. The combination of the Zonshein decision and the accompanying academic debate presents the opportunity to reexamine the theoretical and pragmatic reasons that are offered as support for distinguishing the two ‘types’ of conscientious objection. Close scrutiny finds them wanting.

Paz-Fuchs A, Sfard M. The Fallacies of Objections to Selective Conscientious Objection. Israel Law Review, Special Issue: Refusals to Serve – Political Dissent in the Israel Defense Forces. 2002 Fall; 36(3);111 – 143. DOI: https://doi.org/10.1017/S0021223700017994.

Conscientious objection

Pedro F Silva-Ruiz

Extract
The main purpose of this paper is to summarize the legal status of conscientious objectors in the United States. To accomplish it we would briefly state a background of the law of conscientious objection in the United States and then analyze the current factual situation. . . . The registration has been reinstated by the President of the United States recently and, although no draft has been called, it remains a very real possibility, especially since the volunteer army has not proven satisfactory.51 Should Congress abolish the exemption to bear arms, the important question the Court’s would face is whether or not conscientious objection to war, to a particular conflict or to all, is a right recognized and protected by the Constitution of the United States.

Silva-Ruiz PF. Conscientious objection. Am J Comp Law. 1982 Dec 1;30 Supp 1982:427-437.