Protecting reasonable conscientious refusals in health care

Theoretical Medicine and Bioethics 40 (6):565-581 (2019)
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Abstract

Recently, debate over whether health care providers should have a protected right to conscientiously refuse to offer legal health care services—such as abortion, elective sterilization, aid in dying, or treatments for transgender patients—has grown exponentially. I advance a modified compromise view that bases respect for claims of conscientious refusal to provide specific health care services on a publicly defensible rationale. This view requires health care providers who refuse such services to disclose their availability by other providers, as well as to arrange for referrals or facilitate transfers of care. This requirement raises the question of whether providers are being forced to be complicit in the provision of services they deem to be morally objectionable. I conclude by showing how this modified compromise view answers the most significant objections mounted by critics of the right to conscientious refusal and safeguards providers from having to offer services that most directly threaten their moral integrity.

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Jason Eberl
Saint Louis University

References found in this work

Political Liberalism.John Rawls - 1993 - Columbia University Press.
Utilitarianism: For and Against.J. J. C. Smart & Bernard Williams - 1973 - Cambridge: Cambridge University Press. Edited by Bernard Williams.
Modern Moral Philosophy.G. E. M. Anscombe - 1958 - Philosophy 33 (124):1 - 19.
The virtues in medical practice.Edmund D. Pellegrino - 1993 - New York: Oxford University Press. Edited by David C. Thomasma.

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