Short abstract
Does private conscience trump professional duty?
In the US, ambulance drivers have refused to transport patients for abortions, a fertility clinic refused to assist a gay woman and a pharmacist refused to give the morning‐after pill to a rape victim.1 In the UK, the Catholic Church claims to be exempt from laws forbidding adoption agencies from discriminating against homosexuals.2 A growing number of professionals now assert a right of conscience, a right to refuse to do anything they deem immoral, and to do so with impunity. Such claims emerged 40 years ago when some doctors and nurses claimed a right to refuse to perform (or assist in performing) an abortion. Since then other medical professionals have followed suit, with pharmacists leading the way. Doctors now report “a stampede of pharmacists” claiming such a right.3 As one pharmacist explained it: “While they have the right to obtain the prescription, as an individual I always have my own rights not to fill it.”4
Although numerous people have criticised these medical professionals, few openly challenge this “right of conscience”. Rather, they have argued that these professions should establish mechanisms to ensure that people (usually women) who need healthcare are not obstructed or inconvenienced. This suggests that even their critics assume professionals have a right of conscience. In many ways, this is not surprising. There are good reasons why a government should not run roughshod over an individual's conscience.
10 minute readReferences
1. Stein R. A medical crisis of conscience: faith drives some to refuse patients medication or care. Washington Post 16 Jul 2006;A1 [PubMed]
2. Hurst G. Catholics refuse to accept Gay Adoption Law. London Times 23 Jan 2007
3. Peck P. AMA: physicians charge pharmacists with interference in medical care. MedPage 2005
4. Cowan T, Harris M. Pharmacists ‘denying birth control'. BBC News 2005
5. Mill J S.On liberty. Indianapolis, IN: Hackett Publishing Company, 1985/1885, Chapters 2&3,
6. Lipton R J.Nazi doctors: medical killing and the psychology of genocide. New York: Perseus Publishing, 2000 (Chapter 3),
7. Hoffman D. I had a funny feeling in my gut. Washington Post 10 Feb 1999A19
8. American Pharmacists Association Conscience clause. J Am Pharmacists Assoc 199838417 [Google Scholar]
9. Royal Pharmaceutical Society of Great Britain Code of ethics and standards. London: Royal Pharmaceutical Society of Great Britain, 2006
10. Pharmacists for Life Pharmacist's Model Conscience Clause 1988
11. Selective Service Conscientious objections and alternative service. Washington, DC: Selective Service Administration, 2005
12. Pollard R S W. Conscientious objectors in Great Britain and the Dominions. J Comp Legis Int Law 3rd Ser 19462872–82. [Google Scholar]
13. Bell M.Through gates of fire: a journey into world disorder. London: Phoenix, 20034
14. Pavone F. Conscientious objection. Priests Life Newslett 200212 [Google Scholar]
15. Dworkin R M.Liberalism and moralism. Taking rights seriously. Cambridge, MA: Harvard University Press, 1977249
16. Harris J. Introduction. Bioethics. Oxford: Oxford University Press, 200110–13.
17. Hepler C D. Balancing pharmacists' conscientious objections with their duty to serve. J Am Pharmacists Assoc 200545434 [PubMed] [Google Scholar]
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2598118/