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Provisional
edition

The right to conscientious objection in
lawful medical care

Resolution 1763 (2010)1

1.       No
person, hospital or institution shall be coerced, held liable
or discriminated against in any manner because of a refusal to
perform, accommodate, assist or submit to an abortion, the
performance of a human miscarriage, or euthanasia or any act
which could cause the death of a human foetus or embryo, for
any reason.

2.       The
Parliamentary Assembly emphasises the need to affirm the right
of conscientious objection together with the responsibility of
the state to ensure that patients are able to access lawful
medical care in a timely manner. The Assembly is concerned
that the unregulated use of conscientious objection may
disproportionately affect women, notably those having low
incomes or living in rural areas.

3.       In the
vast majority of Council of Europe member states, the practice
of conscientious objection is adequately regulated. There is a
comprehensive and clear legal and policy framework governing
the practice of conscientious objection by healthcare
providers ensuring that the interests and rights of
individuals seeking legal medical services are respected,
protected and fulfilled.

4.       In
view of member states' obligation to ensure access to lawful
medical care and to protect the right to health, as well as
the obligation to ensure respect for the right of freedom of
thought, conscience and religion of healthcare providers, the
Assembly invites Council of Europe member states to develop
comprehensive and clear regulations that define and regulate
conscientious objection with regard to health and medical
services, which:

4.1.
guarantee the right to conscientious objection in relation
to participation in the procedure in question;

4.2.
ensure that patients are informed of any objection in a timely
manner and referred to another healthcare provider;

4.3.
ensure that patients
receive appropriate treatment, in particular in cases of
emergency.

1 Assembly debate on 7 October
2010 (35th Sitting) (see Doc.
12347, report of the Social, Health and Family Affairs
Committee, rapporteur: Mrs McCafferty, and Doc.
12389, opinion of the Committee on Equal Opportunities for
Women and Men, rapporteur: Mrs Circene). Text adopted by
the Assembly on 7 October 2010 (35th Sitting).

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