Fovargue, S. orcid.org/0000-0003-2361-4219 and Neal, M. (2015) 'In good conscience' : conscience-based exemptions and proper medical treatment. Medical Law Review, 23 (2). pp. 221-241. ISSN 0967-0742
Abstract
Lack of clarity about the proper limits of conscientious refusal to participate in particular healthcare practices has given rise to fears that, in the absence of clear parameters, conscience-based exemptions may become increasingly widespread, leading to intolerable burdens on health professionals, patients, and institutions. Here, we identify three factors which clarify the proper scope of conscience-based exemptions: the liminal zone of ‘proper medical treatment’ as their territorial extent; some criteria for genuine conscientiousness; and the fact that the exercise of a valid conscience-based exemption carries certain duties with it. These restricting factors should reassure those who worry that recognising rights of conscience at all inevitably risks rampant subjectivity and self-interest on the part of professionals. At the same time, they delineate a robust conscience zone: where a claim of conscience relates to treatment with liminal status and satisfies the criteria for conscientious character, as well as the conditions for conscientious performance, it deserves muscular legal protection.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2015 The Author(s). |
Keywords: | Conscience; conscientious objection; conscience-based exemptions; proper medical treatment; professional obligations; professional ethics |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 06 May 2022 06:10 |
Last Modified: | 06 May 2022 06:10 |
Status: | Published |
Publisher: | Oxford University Press |
Refereed: | Yes |
Identification Number: | 10.1093/medlaw/fwv007 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:186429 |