The Conscience Clause in the Healthcare System

Usually, studies of the conscience clause address only its selected aspects, drawing on multiple disciplines and often addressing the same research subject within an interdisciplinary approach. Consequently, a synthetic approach is needed, especially one that takes into account the healthcare system. From this perspective, the conscience clause is fundamentally about conscientious objection. Its clearest structural identification recognised and sanctioned by law can be found in the general reference clause. The conscience clause, understood in this way, is intended primarily for doctors, nurses, and midwives, although it indirectly concerns patients as well. Since the conscience clause is both a legal and a moral norm, it always legally enforces respect for natural values stemming from specific worldviews or religious beliefs.

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Publication Details

Journal
Studia Iuridica Lublinensia
Published
2026-01-07
DOI
https://doi.org/10.17951/sil.2025.34.5.53-65
Primary Topic
Reproductive Health and Contraception
Type
article
Field-Weighted Citation Impact
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article

The Conscience Clause in the Healthcare System

Marzena Furtak-Niczyporuk
Studia Iuridica Lublinensia
Reproductive Health and Contraception
article

The Conscience Clause in the Healthcare System

Marzena Furtak-Niczyporuk
article en

Abstract

Usually, studies of the conscience clause address only its selected aspects, drawing on multiple disciplines and often addressing the same research subject within an interdisciplinary approach. Consequently, a synthetic approach is needed, especially one that takes into account the healthcare system. From this perspective, the conscience clause is fundamentally about conscientious objection. Its clearest structural identification recognised and sanctioned by law can be found in the general reference clause. The conscience clause, understood in this way, is intended primarily for doctors, nurses, and midwives, although it indirectly concerns patients as well. Since the conscience clause is both a legal and a moral norm, it always legally enforces respect for natural values stemming from specific worldviews or religious beliefs.

Studia Iuridica LublinensiaVol. 34(5)
Medical University of Lublin (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 96%
Reproductive Health and Contraception
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