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


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Authors

Adenitire, John O 

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.

Description

Keywords

Abortion, Codes of/Position Statements on Professional Ethics, Conscientious Objection, Public Law, Rights, Attitude of Health Personnel, Conscience, Health Policy, Human Rights, Humans, Physicians, Policy Making, Practice Guidelines as Topic, Refusal to Treat, Societies, Medical, United Kingdom

Journal Title

Journal of Medical Ethics

Conference Name

Journal ISSN

0306-6800
1473-4257

Volume Title

Publisher

BMJ Publishing Group Ltd
Sponsorship
Arts and Humanities Research Council (AHRC Doctoral Award)