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Conscientious Objection on the Socio-Political
Background of Ethical Relativism
THE FUTURE OF OBSTETRICS AND GYNAECOLOGY: The Fundamental Right To Practice and
be Trained According to Conscience
An International Meeting of Catholic Obstetricians and Gynaecologist
Organised by the World Federation of Catholic Medical Associations (FIAMC) and
by MaterCare International (MCI)
Sponsored by the Pontifical Council for the Health Pastoral Care ROME, June
17th-20th, 2001
(Reproduced with permission)
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The Fundamental
Human Rights
Controversies
Witness of a
John Paul II |
by
Nikolaus Zwicky-Aeberhard As we all know very well it becomes increasingly difficult
for a junior doctor to get an appropriate postgraduate training in obstetrics
and gynaecology if he refuses to assist to or perform abortions and almost
impossible if he refuses to participate in contraceptive measures, in vitro
fertilisation IVF ( and similar reproductive procedures) and sterilisation. Even
in Poland where the conscience clause is generally accepted for abortion the
situation becomes very difficult when participation in contraception is refused.
Apart from strictly moral aspects which forbid per se the use of
contraceptives and of IVF etc. we have to consider the fact, that both
contraception and IVF are accompanied by very early abortions and so-called
embryo-loss respectively. Therefore it is absolutely essential that the
conscience clause is also respected here. And we have to fight for it. Our claim
therefore is not less than this: Regarding abortion, contraception, IVF etc. and
sterilisation operations we demand the right of conscientious objection without
undergoing handicaps or even impossibility of postgraduate studies or
professional work. The stipulation must not only cover the right of free
decision but include also the prevention of possibly resulting disadvantages.
Taking into account the UNO-Human-Rights-Declaration and considering the
granted rights and freedoms in the constitutions of most countries, how may it
be possible, that the training of gynaecologists becomes a problem, if they
refuse to terminate pregnancies etc.? According to the Human-Rights-Declaration
of dec. 10th 1948 "every human being has the granted right to freedom of
thinking, conscience and religion and the right for work, free choice of
profession and suitable working conditions." The Swiss Constitution declares among others: - Art.7 The dignity of man is to be respected and protected. It is difficult to understand, why someone cannot complete his training or
practice his profession in a normal way, if he exerts his right of conscientious
objection. In fact the doctor not willing to terminate pregnancies deliberately
protects exactly the human life to which the government commits itself in its
constitution. So how can a government by an order of service force a hospital to
do abortions or refuse to employ doctors unwillingly to terminate pregnancies?
Here it is worthwhile to remember Cicero (106 - 43 B.C) and his controversial
opinions against ethical relativism in his book De Legibus. "Nature brought
forth general understandings for us and planted them in our souls in such a way
that we can distinguish good from evil. To conclude that this is based on a mere
opinion and not regards the natural circumstances is entirely absurd" (free
translation of the latin text: Nam ita communis intellegentias nobis natura
efficit easque in animis nostris inchoavit, ut honestia in virtute ponantur, in
vitiis turpia. Ea autem in opinione existimare, non in natura posita dementis
est.). With this last statement Cicero clearly rejects the nowadays much praised
Consent-Ethics. Less abstract is the comment of the Holy Father John Paul II in
his Encyclical Evangelium Vitae: " Ethical relativism must be considered as a
great danger to the peaceful co-existance and cannot be justified with the
institution of democracy depends on the values which it is representing and
promoting. The basis of these values are no temporary or changing majorities of
opinions, but the recognition of an objective law of ethics (EV 70)". Regarding
our objective the Pope continues: "Whoever becomes conscientious objector must
not only be protected from punishments but also from any legal, disciplinary,
economic and professional harm (EV 74)." Our claim that Evangelium Vitae
compatible gynaecologists must not be impeded in their studies and professional
work is therefore legitimate and justified in details in the mentioned
documents. I refer to a question of an Italian lawyer: " Come si potrebbe
perdere il posto esercitando un proprio diritto?" The disadvantages against
doctors who work in conformity with the Magisterium would also be an injustice
towards women and families who prefer to be treated by such doctors. Such women
and families are numerous. The respect of human life from the moment of fertilisation and the increasing
threat to unborn human life which can be eliminated be order of service is the
basis of my communication. Because of the increasing institutionalisation of
abortions politicians and government officials try in many countries, especially
in West, Central and Eastern Europe (except Poland) to keep inconvenient
gynaecologists away from postgraduate studies and professional work. If this
development continues and if the intolerance against Magisterium-minded
gynaecologists extends to other countries the disappearance of such
professionals can be foretold. However I think that this trend will be slowed
down not only because of the dangerous population-implosion throughout Europe
but also because of a slowly emerging change of opinions. It seems that in
England and France an increasing number of young gynaecologists is refusing
abortion --- not necessarily for ethical reasons but just because they are
upset. What to do? It is exceedly important that the claim of conscientious
objection including the prevention of disadvantages is recognised and
propagated. Catholic Medical Associations have to intensify contacts to lawyers
and politicians on a national and international level regarding this topic. We
have to remain vigilant regarding the activities of organisations as IPPF and
others of that kind and we have to inform politicians and warn them. Finishing this communication I recommend our thinking and our work to the
intercession of the Blessed Gianna Beretta Molla.
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