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Repression
Issues in Depth
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Issues In Depth
Legal Commentaries

NOTE:  The commentaries provided on the website are not a substitute for legal advice provided by a qualified professional.  Commentaries are grouped by national jurisdiction.

• General
• International
• Argentina
• Australia
• Canada
• United Kingdom
• United States

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General

Wesley J. Smith

• Protecting the Careers of Medical Professionals Who Believe in the Hippocratic Oath

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International

Michael A. Fragoso

• Doctors' Orders

Sean Murphy

• Conscientious Objection as a 'Crime Against Humanity' 
   

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Argentina

Alberto Mazza, M.D.

• Human Rights and Obstetric Practice: Legal Issues

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Australia

Re:  Abortion Law Reform Bill 2008 (State of Victoria)

• Doctors in Conscience Against Abortion Bill
• Dr. John Neil
• Mary Lewis, MBBS, FRACGP, DRANZCOG, MICD, B Min
• Jacinta Le Page (Medical Student)
• Joanne Grainger (Registered Nurse, Bioethicist)
• Justine Armstrong (Victorian Division One Theatre Nurse)
• The Australian Egyptian Doctors and the Coptic Doctors

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Canada

Iain T. Benson

• "Autonomy", "Justice"and the  Legal Requirement to Accommodate  the Conscience and Religious Beliefs of Professionals in Health Care.  
   
• Eternal Vigilance is the Price of Conscience Protection:" The Freedom of Conscience in Relation to "Health"

Iain T. Benson,Brad. B. Miller

• "Do Not Resuscitate": Whose Choice?  Court Gives Course In Medical Ethics To The Public Trustee

Brown, Mr. Justice David M.

• The Courts' Spectacles: Some Reflections on the Relationship between Law and Religion in Charter Analysis

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Michelle Davis, BSc, MDiv, ThM

• Freedom of Conscience and Human Rights

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Sean Murphy

• The New Inquisitors
• In Defence of the New Heretics:  A Response to Frank Archer
• Postscript for the Journal of Obstetrics and Gynaecology Canada: Morgentaler vs. Professors Cook and Dickens
• Commentary on Cecilia Moore's Case 

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Re: "Abortion: Ensuring Access"

In July,2006, the Canadian Medical Association Journal published a guest editorial by Sanda Rodgers of the Faculty of Law, University of Ottawa, and Jocelyn Downie, of the Health Law Institute, Dalhousie University, Halifax, Nova Scotia.  The editorial appears to have been an attempt to bully objecting physicians who refuse to refer patients for abortion by menacing assertions about legal and ethical obligations.  The CMAJ is a publication of the Canadian Medical Association, which, however, asserts that its contents do not necessarily represent the views of the Association.

•  Protection of Conscience Project:  The CMAJ did not publish the Project's response to the guest editorial.
   
• Leong, Moral Desensitization
   
• Leiva, Balanced Journalism Needed
   
• Genuis, Physician Autonomy and the Ethics of Intolerance
   
• Johnston, Abortion Access Editorial Worrisome
   
• Ney, Re: Abortion-Ensuring Access
   
• Ferrier, Response to Abortion-Ensuring Access

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Re: Draft Code of Ethics for Pharmacists and Pharmacy Technicians

• Iain T. Benson
  •  Yet More Pharmacists Who Don’t Understand Ethics:  This Time Ontario
     
• Protection of Conscience Project
  •  Letter to Minister of Health (Ontario)

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Re:  “Physicians and the Ontario Human Rights Code”

• Protection of Conscience Project
  • Submission to the College of Physicians and Surgeons of Ontario
    Re: Physicians and the Ontario Human Rights Code
     
• Centre for Cultural Renewal
  •  A Principled Approach to Respecting the Rights of Physicians and Patients
     
• Ontario Medical Association
  • Response to CPSO Draft Policy Physicians and the Ontario Human Rights Code
  • "The OMA Responds”
     
• Canadian Physicians for Life
  • Interim response to Physicians and the Ontario Human Rights Code
  • Submission to the CPSO Re: Physicians and the Ontario Human Rights Code
     
• Canadian Centre for Bio-Ethical Reform
  • Re: Physicians and the Ontario Human Rights Code
     
• Catholic Archbishop of Toronto
  •  Re: Physicians and the Ontario Human Rights Code
     
• Catholic Civil Rights League
  • Re: Physicians and the Ontario Human Rights Code
     
• Catholic Organization for Life and Family
  • Submission re: Physicians and the Ontario Human Rights Code
     
• Chalcedon Foundation
  • Canadian Doctors Warned to "Set Aside" God's Law
     
• Christian Legal Fellowship
  • Submission re: Physicians and the Ontario Human Rights Code
     
• Fr. Raymond De Souza
  • "Human Rights" vs. Basic Freedoms
     
• Dr. T.E. Lau*
  • Re: Physicians and the Ontario Human Rights Code
     
• Dr. Margaret Somerville
  • "Denying doctors free conscience unconscionable"
     
• John W. Veldkamp
  • Re: Physicians and the Ontario Human Rights Code

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United Kingdom

Jacky Engel

• Abortion law reform and conscientious objection in the United Kingdom

Charles Foster

• Conscientious Objection to Abortion: Ethics, Polemics and Law

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House of Lords Select Committee on Assisted Dying for the Terminally Ill Bill: Selections from the First Report

• Clause 7
  • Duties of physicians, and conscientious objection
     
• From Chapter 4
  • Practical Issues Conscientious Objection
     
• From Chapter 7
  • Conclusions Responsibilities of Physicians
     
• Examination of witnesses
   
• Written evidence

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House of Lords & House of Commons Joint Committee On Human Rights

• Twelfth Report: Assisted Dying for the Terminally Ill Bill -Conscientious Objection