Ethical Aspects of the Conscience Clause in Polish Medical Law

Abstract

In Polish medical law, the conscience clause is understood as both a moral and legal norm which gives consent to selected medical professions (doctors, nurses, midwives, and laboratory technicians) to withdraw certain activities due to ethical objections. The explanation given for the conscience clause is not sufficient. There is no detailed information on the difference between compulsory and authorized benefits and the conditions for resignation from medical treatment. These problems not only lead to interpretational errors, but also to the abuse of law. Medical attorneys, among others, Andrzej Zoll, Mirosław Nesterowicz, Leszek Bosek and Eleonora Zielińska, present different opinions on the understanding of refusal to perform health care services by health care workers, and the lack of agreement leads to conflicts. In this article, I compare the views of ethicists and lawyers on the conscience clause. I present differences in the interpretation of medical law, and to all considerations I add my own opinion.

The Association Between Religion and Healthcare Professionals’ Attitudes Towards the Conscience Clause. A Preliminary Study From Poland

“…39 of the Act on the Professions of Doctors and Dentists, art. 12 of the Act on the Professions of Nurse and Midwife and the Code of Medical Ethics [12][13][14][15]. The scope of its application, however, is narrow, as it applies only to selected groups of healthcare professionals: physicians, nurses and midwives.…”

Attitudes of Polish physicians, nurses and pharmacists towards the ethical and legal aspects of the conscience clause

“…On the other hand, the CC is a legal norm or clause attached to laws in various countries, including Poland, that exempts some individuals, including HCPs, physicians, nurses, or pharmacists, from providing certain services for moral or religious reasons [ 10 , 22 – 26 ]. Nevertheless, the provision on the CC appears in the legislative provisions of many countries in order to prevent all forms of arbitrariness.…”

“…For many years, therefore, the conscience clause (CC) in healthcare has provoked a heated debate in Polish society, as the majority of Poles believe that prenatal tests (73%), contraceptives (55%) and legal abortion (52%) should be exempt [4]. The number of publications on this topic has consequently increased significantly [5][6][7][8][9][10][11][12][13].…”

“…12) [40]. At the same time, although some argue that also pharmacists [41][42][43] and laboratory diagnosticians should be granted the right to the CO [44,45], it applies only to physicians, nurses and midwives [7][8][9][10][11][12][13].…”

Conscientious objection In The Profession Of Pharmacist. A Survey of Pharmacists' Opinions On The Conscience Clause In Poland

“…The idea of freedom of thought, conscience and religion is one of the fundamental values, therefore its implementation is the normative foundation of social justice [1,2]. The authors assume that since freedom of conscience includes freedom of religion, it means that the conscience clause as the right to refuse certain medical services due to personal ethical reservations cannot be considered the legal basis of this freedom.…”