Since 2007, when Mexico City decriminalized abortion during the first trimester, a debate has been taking place regarding abortion and the right to conscientious objection (CO). Many people argue that, since the provision of abortions (or “legal terminations of pregnancy” as they are called under Mexico City’s law) is now a statutory duty of healthcare personnel there can be no place for “conscientious objection.” Others claim that, even if such an objection were to be allowed, it should not be seen as a right, since talk about a right to CO may lead to a slippery slope where we may end up recognizing a right to disobey the law. In this paper, I argue that there is a right to CO and that this may be justified through the notions of autonomy and integrity, which a liberal democracy should respect. However, it cannot be an absolute right, and in the case of abortion, it conflicts with women’s reproductive rights. Therefore, CO should be carefully regulated so that it does not obstruct the exercise of women’s reproductive rights. Regulation should address questions about who is entitled to object, how such objection should take place, and what can legitimately be objected to.
En este artículo argumento que la distinción entre los términos “ética” y “moral” es estipulativa y que nada nos impone un cierto significado de los términos: ni su etimología ni la tradición filosófica. Argumento específicamente en contra de una estipulación según la cual “ética” se refiere a la afirmación de la conciencia individual autónoma o auténtica, mientras que “moral”, a la esfera de la observancia de reglas impuestas por la sociedad. Si el propósito de la estipulación es mostrar la mayor importancia relativa de la primera sobre la segunda, por sí sola, esta distinción no nos da ninguna justificación de por qué la conducta ética es superior a la moral. Nada realmente significativo, fuera del ámbito de la teoría que hace la distinción, depende de la estipulación terminológica entre “ética” y “moral”.
Bioethical approaches to reproductive health have been of utmost importance for the last three decades in Mexico. As Mexican laws regarding abortion, assisted reproduction, and conscientious objection have been modified, a number of social actors with an interest in these areas have realized that they have to educate the different agents who take part in these procedures in a bioethical approach to reproductive health and rights. This strategy was first used in Mexico by the Catholic Church and many Catholic universities. Advocates, scientists, and feminist organizations, as well as some public universities, have also realized that a grounding in bioethics could help health providers to have an ethical frame that supports the provision of abortion services. Bioethics is also a good framework for supporting the legalization of abortion and for more liberal laws regarding assisted reproduction. So, for the last few years, one of the priorities of these two sides, Catholic and secular groups, has been to train healthcare personnel, lawyers, and members of ethics committees and members of Congress in the application of their respective bioethical perspectives.
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