Provisional=20
edition
The right to conscientious =
objection in=20
lawful medical care
Resolution 1763 (2010)1
1. No=20
person, hospital or institution shall be coerced, held =
liable=20
or discriminated against in any manner because of a =
refusal to=20
perform, accommodate, assist or submit to an abortion, =
the=20
performance of a human miscarriage, or euthanasia or =
any act=20
which could cause the death of a human foetus or =
embryo, for=20
any reason.
2. The=20
Parliamentary Assembly emphasises the need to affirm =
the right=20
of conscientious objection together with the =
responsibility of=20
the state to ensure that patients are able to access =
lawful=20
medical care in a timely manner. The Assembly is =
concerned=20
that the unregulated use of conscientious objection =
may=20
disproportionately affect women, notably those having =
low=20
incomes or living in rural areas.
3. In the=20
vast majority of Council of Europe member states, the =
practice=20
of conscientious objection is adequately regulated. =
There is a=20
comprehensive and clear legal and policy framework =
governing=20
the practice of conscientious objection by healthcare=20
providers ensuring that the interests and rights of=20
individuals seeking legal medical services are =
respected,=20
protected and fulfilled.
4. In=20
view of member states' obligation to ensure access to =
lawful=20
medical care and to protect the right to health, as =
well as=20
the obligation to ensure respect for the right of =
freedom of=20
thought, conscience and religion of healthcare =
providers, the=20
Assembly invites Council of Europe member states to =
develop=20
comprehensive and clear regulations that define and =
regulate=20
conscientious objection with regard to health and =
medical=20
services, which:
4.1. =20
guarantee the right to conscientious objection in =
relation=20
to participation in the procedure in =
question;
4.2.  =
; =20
ensure that patients are informed of any objection in =
a timely=20
manner and referred to another healthcare =
provider;
4.3.=20
ensure that =
patients=20
receive appropriate treatment, in particular in cases =
of=20
emergency.
1 Assembly debate on 7 =
October=20
2010 (35th Sitting) (see Doc.=20
12347, report of the Social, Health and Family =
Affairs=20
Committee, rapporteur: Mrs McCafferty, and Doc.=20
12389, opinion of the Committee on Equal =
Opportunities for=20
Women and Men, rapporteur: Mrs Circene). Text =
adopted by=20
the Assembly on 7 October 2010 (35th =
Sitting).=20
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