Origin of “Conscientious Objection” in Health Care: How Care Denials Became Enshrined into Law Because of Abortion

The United Kingdom was the first country to legalize the refusal to provide health care in the name of "conscientious objection", allowing doctors to refuse to provide abortions based on personal or religious beliefs.A historical review into the origins and motivation behind the "conscientious objection" clause in the 1967 Abortion Act found that Parliamentarians and the medical profession wanted to preserve doctors' authority over patients, protect objecting doctors from liability, and appease religious anti-abortion beliefs.These factors point to an unprincipled basis for the introduction of "conscientious objection" into healthcare, which ultimately came at the expense of patients' rights and health. The "conscience clause" also represented a negation of basic ethical directives in medical practice including patient autonomy and physicians' fiduciary duty to patients. The term "conscientious objection"- borrowed from the military but misapplied to healthcare - helped mask the practice as a moral "right" of doctors, even while it disregarded patients' health and dignity.Refusing to provide treatment on the basis of "conscience" is harmful and discriminatory, and should be phased out gradually using disincentives and other measures to encourage objectors to choose other fields.

Authors

Institutions

Publication Details

Journal
The Journal of Law Medicine & Ethics
Published
2025-01-01
DOI
https://doi.org/10.1017/jme.2025.46
Citations
3
Primary Topic
Reproductive Health and Contraception
Type
article
Field-Weighted Citation Impact
5.64
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Origin of “Conscientious Objection” in Health Care: How Care Denials Became Enshrined into Law Because of Abortion

Amelia Martzke, Joyce Arthur, Christian Fiala
3 citations
The Journal of Law Medicine & Ethics
Reproductive Health and Contraception
5.64
article

Origin of “Conscientious Objection” in Health Care: How Care Denials Became Enshrined into Law Because of Abortion

Amelia Martzke, Joyce Arthur, Christian Fiala
article en
3 citations

Abstract

The United Kingdom was the first country to legalize the refusal to provide health care in the name of "conscientious objection", allowing doctors to refuse to provide abortions based on personal or religious beliefs.A historical review into the origins and motivation behind the "conscientious objection" clause in the 1967 Abortion Act found that Parliamentarians and the medical profession wanted to preserve doctors' authority over patients, protect objecting doctors from liability, and appease religious anti-abortion beliefs.These factors point to an unprincipled basis for the introduction of "conscientious objection" into healthcare, which ultimately came at the expense of patients' rights and health. The "conscience clause" also represented a negation of basic ethical directives in medical practice including patient autonomy and physicians' fiduciary duty to patients. The term "conscientious objection"- borrowed from the military but misapplied to healthcare - helped mask the practice as a moral "right" of doctors, even while it disregarded patients' health and dignity.Refusing to provide treatment on the basis of "conscience" is harmful and discriminatory, and should be phased out gradually using disincentives and other measures to encourage objectors to choose other fields.

The Journal of Law Medicine & EthicsVol. 53(1)
Kelowna General Hospital (CA), Karolinska Institutet (SE), Film Independent (US), Okanagan University College (CA)
Reduced inequalities
Openalex Percentile: Top 5%
Reproductive Health and Contraception
5.64
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.