Freedom of Conscience of Healthcare Professionals and Conscientious Objection in the European Court of Human Rights
Bibliographic Data
| ID | 16901909 |
|---|---|
| Authors | María José Valero, María José Valero Estarellas (0000-0002-4869-4529, Universidad Villanueva, corresponding author) |
| Year | 2022 |
| Volume | 13 |
| Issue | 6 |
| Pages | 558 |
| Publication date | 2022-06-16 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Religions (JOURNAL) |
| Journal identifiers | ISSN: 2077-1444 • E-ISSN: 2077-1444 |
| Publisher | MDPI AG (PUBLISHER • IT) |
| DOI | 10.3390/rel13060558 |
| OpenAlex | W4283030493 |
| Language | EN |
| Citations received | 1 |
| References cited | 15 |
The recent social and legal debate in several European countries on abortion, euthanasia, and assisted suicide has caused a strong resurgence of the concerns of healthcare personnel as to the real possibility of protecting their consciences in their professional sphere. Individual refusal for religious, moral, deontological, or ethical reasons to participate in activities that directly or indirectly could result in the termination of a human life constitutes the most extreme manifestation of the legal phenomenon of conscientious objection. Although the European Convention on Human Rights does not recognize a general right to conscientious objection, since Bayatyan v. Armenia, the case law of the European Court of Human Rights has identified a connection between conscience-related claims to compulsory military service and Article 9 of the Convention. However, to this date, this doctrine has not been applied to cases that affect health-sensitive areas like abortion and contraception. This article analyzes the activity of the European Court of Human Rights in relation to the right to freedom of conscience and to conscientious objection, particularly in healthcare, and offers several final observations projected to possible future conflicts
Abortion · Conscience · Conscientious objector · Convention · Doctrine · Health care · Human rights · Political science · Spanish Civil War · Law · Legal Rights and Human Rights · Reproductive Health and Contraception · Torture, Ethics, and Law
Religious Human Rights in Global Perspective
The Conscience Wars
The Midwife’s Tale
Conscientious Objection through the Contrasting Lenses of Tolerance and Respect
Tolerating the Intolerant
Conscientious Exemptions
Is Freedom of Conscience Superior to Freedom of Religion?
Freedom of Religion and ‘Reasonable Accommodation’ in the Case Law of the European Court of Human Rights
Connecting Reproductive Rights, Democracy, and the Rule of Law
Relationship Between Covid-19, Euthanasia and Old Age
| Citations per year | 1 |
|---|---|
| Citation span | 2026 - 2026 (1) |
| Highly cited | No |