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State Doctors, Freedom of Conscience and Termination of Pregnancy Revisited (Report)

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eBook details

  • Title: State Doctors, Freedom of Conscience and Termination of Pregnancy Revisited (Report)
  • Author : South African Journal of Bioethics and Law
  • Release Date : January 01, 2010
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 260 KB

Description

The Constitution (1) refers to reproductive rights in two sections: section 27(1 )(a) provides that everyone has the right of 'access to health care services, including reproductive health care', while section 12(2)(a) states that everyone has the right to 'bodily and psychological integrity, which includes the right to make decisions concerning reproduction'. At the same time, the Constitution provides that everyone has the right to 'freedom of conscience, religion, thought, belief and opinion'. (2) What happens when these rights conflict? Given that the health care services required by section 27(1) (a) are generally provided by state hospitals employing state doctors, and that the right referred to in section 12(2)(a) is now accommodated by the Choice on Termination of Pregnancy Act (3) (the Choice Act), what is the position of state-employed doctors who refuse to participate in terminations of pregnancy on the grounds of conscience? What are their legal and ethical duties? Is there freedom of conscience for state doctors under the Choice Act? Does freedom of conscience extend to preventing or obstructing terminations of pregnancy under the Act? Does freedom of conscience extend to refusing to give information about the Act?


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