British Medical Association Archives - Protection of Conscience Project Library

The BMA’s guidance on conscientious objection may be contrary to human rights law

John Olusegun Adenitire

Abstract
It is argued that the current policy of the British Medical Association (BMA) on conscientious objection is not aligned with recent human rights developments. These grant a right to conscientious objection to doctors in many more circumstances than the very few recognised by the BMA. However, this wide-ranging right may be overridden if the refusal to accommodate the conscientious objection is proportionate. It is shown that it is very likely that it is lawful to refuse to accommodate conscientious objections that would result in discrimination of protected groups. It is still uncertain, however, in what particular circumstances the objection may be lawfully refused, if it poses risks to the health and safety of patients. The BMA’s policy has not caught up with these human rights developments and ought to be changed.

Adenitire JO. The BMA’s guidance on conscientious objection may be contrary to human rights law. J Med Ethics 2017;43:260-263.

BMA Council: Central Ethics Committee (Proceedings)

BMA

British Medical Journal, BMJ — British Medical Journal

Abstract
Dr. Woolley, referring to the Committee’s recommendation on the ethics of termination of pregnancy, said that Lord Cohen had accepted that the General Medical Council’s rulings had to agree with the law of the land, but he (Dr. Woolley) pointed out that any society was permitted to have its own code and standards, and the B.M.A. was one of those soceties. . . Dr. E. A. GERRARD, Chairman of the B.M.A.’s Committee on Therapeutic Abortion, said that if, as it would seem, the General Medical Council was not the guardian of the ethos of medicine in the matter of abortion, the Ethical Committee’s recommendation, backed by the Council, was the correct one. In other words, the British Medical Association must become the guardian of the ethos of medicine.

BMA. BMA Council: Central Ethics Committee (Proceedings). Br Med J. 1968;2(5596 (Supplement)):3.

Therapeutic Abortion: Report by the BMA Special Committee

British Medical Association

Extract
The Special Committee of the British Medical Association was appointed by the Council on the instruction of the Representative Body, and first met in November 1965.* Its task was to bring up to date the Association’s earlier report of 1936. At the same time as the Committee began its task the House of Lords gave a second reading to an Abortion Bill promoted by Lord Silkin. The Committee therefore prepared, in January 1966, an interim report in the form of comments upon the clauses of this Bill. Simultaneously it sought information from 22 Commonwealth and foreign medical associations on the state of law and practice obtaining in their countries. The replies received have assisted materially in the preparation of the following definitive report on the legislative aspects of the problem. During the early months of 1966 a number of other important statements have appeared, notably the report of the Council of the Royal College of Obstetricians and Gynaecologists, and these too have been considered.

BMA. Therapeutic Abortion: Report by the BMA Special Committee. Br Med J. 1966;2(5504):40-44.