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Protection of Conscience Project

www.consciencelaws.org

Service, not Servitude

Update 2011-06-31

31 December, 2011

Covering the period from 1 November to 31 December, 2011

1.  By Region/Country

Developments relevant to freedom of conscience.

2.  News Items

Links to news summaries.

3.  Recent Postings

Links to resources added to Project site.

4.  Action Items

Support protection of conscience initiatives near you.

5.  Conferences/Papers

Seminars, conferences and workshops relevant to conscience advocacy.

6.  Publications of Interest

Relevant to freedom of conscience issues.

1.  By Region/Country
Visit the Project News/Blog for details.
Australia

Doctors for Voluntary Euthanasia Choice has been formed in Australia by physicians supporting legalization of the procedure.  The Australian Medical Association has no position on euthanasia because physicians are divided on the issue, which, the group says, permits members to act according to their consciences.

Canada

The Royal Society of Canada, which describes itself as "a national organization of distinguished scholars, artists and scientists," has published a report advocating legalization of assisted suicide and euthanasia.  Of the six experts, four had previously advocated legalization of the procedures, and one has repeatedly argued that objecting physicians should be forced to refer for abortion.

The Ministry of Health and Long Term Care in Ontario has fully funded and published a report recommending mandatory abortion training for medical and nursing students, and mandatory referral and facilitation of abortion by all medical practitioners, including those who object to the procedure.

Testifying during a trial in British Columbia Supreme Court initiated by plaintiffs who want physician assisted suicide legalized, a regional director of palliative care expressed the opinion that the procedure would not be support by most of his colleagues.

Abortions have not been performed on Prince Edward Island for almost thirty years.  Women seeking abortions must go to Halifax, Nova Scotia, or Frederiction, New Brunswick. In November, a lobby group began to agitate for easier access to abortion. Proposals least likely to impact freedom of conscience for health care workers involve dropping the requirement for physician referrals, paying for abortions done in clinics and paying the associated travel costs.  However, the group also encourages people to make complaints of professional misconduct against physicians who decline to refer for abortion for reasons of conscience.

Indonesia

The government of Indonesia is considering the possiblity of imposing legal limits to population growth.  Government enforced regulations restricting births would have a signficant impact on health care professionals who object to some forms of birth control or abortion.

New Zealand

The New Zealand Medical Council has withdrawn its appeal of the judgment of Justice MacKenzie given in the High Court in Wellington in December 2010. The judgment held that a medical practitioner who objected to abortion for reasons of conscience was not obliged to refer for the procedure.

Philippines

Philippines House Majority Leader Neptali Gonzales II states that the controversial Reproductive Health Bill is unlikely to come to a vote before 2012 because, for the time being, there are enough members of congress opposed to it to prevent its passage.

United Kingdom

A pharmacist at a Boots Pharmacy in Middleton Grange Shopping Centre, Hartlepool, England, has been criticized for refusing to dispense the morning after pill for reasons of conscience.  Store management noted that the pharmacist acted in accordance with the General Pharmaceutical Council’s Standard of Conduct, Ethics and Performance, which requires objecting pharmacists to refer customers to other providers.

A series of damning news reports have catalogued abuse and neglect of elderly patients in Britain's state hospitals. The Care Quality Commission conducted hospital inspections and found that "in a fifth of them the care was so bad they were breaking the law." In such circumstances, it is possible that some health care workers would find themselves in conflicts of conscience as a result of the difference between their moral standards and those of the insititution. 

A woman who used in vitro fertilization to achieve a pregnancy at age 57 now concedes that her critics were right in asserting that she was too old to have a child. The story illustrates the kind of foreseeable problem that may cause some health care workers to refuse artificial reproduction in some circumstances for reasons of conscience. 

The Medical Defence Union and the General Medical Council in the United Kingdom are attempting to address problems arising from the current legal status of assisted suicide in England.  Although the procedure is a criminal offence, Crown Counsel are permitted to prosecute only people whose conduct violates guidelines that are more permissive than the criminal law. If they decide not to prosecute a physician who has facilitated or assisted a suicide, the GMC must decide whether or not to charge the physician for professional misconduct.  Meanwhile, the Medical Defence Union is warning physicians that they could be prosecuted if they provide medical records to a patient when they have reason to believe that the records will be used to access assisted suicide.  This provides a helpful contrast to the frequent dismissal of the notion that referral and other forms of indirect facilitation of procedures may be morally significant.  However, a decision by the GMC that referral or other indirect facilitation does not associate a practitioner with assisted suicide would certainly be used to compel objectors to refer or facilitiate other morally controversial but legal procedures.

United States

The major story from the United States is the growing confrontation between the Obama administration and religious believers, especially the Catholic Church.  This follows from a regulation from the Department of Health and Human Services to force all employers to pay for contraceptive, embryocidal and abortifacient drugs and devices, even if the employers object for reasons of conscience.  The "religious exemption" provided by the regulation (referred to generally as "the contraceptive mandate") is so narrowly drawn that it cannot be  considered to provide adequate protection for freedom of conscience.  Representatives of 60 non-Catholic groups have written to President Barak Obama expressing their solidarity with Catholics and Catholic institutions and their own objections to the regulation.

The US House of Representatives Minority Leader (Democratic Party) Nancy Pelosi, told a Washington Post Reporter that she opposes freedom of conscience for health care workers opposed to abortion because they would allow women to "die on the floor."  She complained that abortion opponents "have this conscience thing." Meanwhile the House Energy and Commerce Sub-Committee on Health held a hearing on the subject, which included testimony from William J. Cox President and CEO of the Alliance of Catholic Health Care, Dr. David L. Stevens of the Christian Medical Association, and the Chancellor of the Roman Catholic Archdiocese of Washington.

Ron Paul, a US Senator seeking the Republican nomination as the party's 2012 presidential candidate, has spoken out in favour of freedom of conscience for health care workers.  He was among 28 US Senators who wrote to HHS Secretary Kathleen Sebelius to protest Department's attack on freedom of conscience through its contracepetive mandate.

 Colorado Christian University (CCU), a non-Catholic institution, has begun a civil suit against the US federal government for suppression of religious freedom and freedom of conscience through the HHS contraceptive mandate.  A similar suit has been initiated by Belmont Abbey, a small Catholic liberal arts college in North Carolina.

A bill in the Florida State Senate that will ensure that insurance plans covering contraceptives will not impose long waiting periods or steep co-payments on employees includes a protection of conscience provision.  Planned Parenthood is protesting the exemption, demanding that employers be forced to pay for procedures or services they believe to be wrong.

75% of the delegates at a meeting of the Massachusetts Medical Society have reaffirmed the policy of the Society against physician-assisted suicide.  An assisted suicide bill being proposed as an initiative to be put directly to the voters in 2012 would, if enacted, support compulsory referral by physicians for assisted suicide, something that would be incompatible with the position of the Medical Society. It would also require objecting institutions not only to permit referral, but would require them to permit physicians in their facilities to contract for off-premises provision of assisted suicide.

The University of Medicine and Dentistry of New Jersey has hired addtional nurses to assist with abortions at the University Hospital, and agreed not to replace objecting nurses who filed suit against the University Hospital, or reduce their hours. The objecting nurses have agreed to protect patients in an emergency until someone else can attend to assist. The agreement ends a civil suit filed on behalf of 12 nurses in November by the Alliance Defence Fund.  The nurses alleged that the hospital was threatening to discipline or dismiss them if they did not assist with abortions. 

The  trial in the case of Stormans v. Selecky began in Washington State. The plaintiffs include a family-owned pharmacy and two individual pharmacists, whose religious beliefs forbid them from dispensing Plan B and Ella because they can operate as embryocides.  A Washington State regulation demands that they dispense the drugs despite their objections.

A survey of 1800 American obstetrician/gynaelecologists found that over half of the respondents believe that pregnancy begins at conception rather than implantation.  The finding is significant because it demonstrates that a significant number of practitioners reject redefinions of pregnancy proposed by groups like the American College of Obstetrics and Gynecology (ACOG).


2.  News Items

Continued vigiligance urged in New Jersey

Hospital reaches agreement with objecting nurses

Evangelical college sues US federal government for violating freedom of conscience

60 non-Catholic groups write President to defend of freedom of conscience

British General Medical Council drawing up guidelines for assisted suicide

Assisted suicide initiative in conflict with physicians in Massachusetts

Planned Parenthood opposes freedom of conscience in Florida

Hospital hires additional staff to cover for objecting nurses

Physicians in United Kingdom warned against facilitating assisted suicide

Indonesia considers population control law

Freedom of conscience for pharmacists on trial in Washington

Group encourages complaints against objecting physicians

Royal Society of Canada recommends legalization of assisted suicide, euthanasia, and compulsory referral

New Jersey Hospital files brief opposing injunction supporting objectors

Attempt to discuss accommodation of objecting nurses rejected

New Zealand Medical Council accepts ruling on freedom of conscience

Most US obstetrician/gynaecologists reject ACOG definition of pregnancy

US politician dismisses "this conscience thing"

Opposition to Philippines Reproductive Health bill preventing passage

US Congressman supports objecting New Jersey nurses

Most physicians in British Columbia not supportive of assisted suicide

Australian physicians form lobby group for euthanasia

Complaints against exercise of freedom of conscience by pharmacist in UK

New Jersey hospital accused of lying

Belmont Abbey sues US federal government for attack on freedom of conscience

Widespread neglect of elderly alleged at hospitals in United Kingdom

IVF mother admits error in having child at 57

Judge issues temporary injunction to protect objecting nurses

Ontario experts seek mandatory abortion training, referral

Evidence taken at hearing of government attack on freedom of conscience

12 nurses sue New Jersey hospital for forced participation in abortion

US Cardinal protests federal government attack on freedom of conscience


3.  Recent Postings

Colorado Christian University First Evangelical University to Fight Abortifacient Mandate

HHS and Relgious Liberty

Religious Liberty: the Culture and the Church

Conscience, MSNBC & Commonweal

Obama's Choice

Conscience Rights, Nurses and Abortion

Catholic Pride and Conscience Exemptions

Conscience Exemptions and the Press

Abortion and Prince Edward Island: Group encourages complaints against objecting physicians

Victory for pro-life nurses in lawsuit against NJ hospital 

 NJ hospital threatens employment discrimination against pro-life nurses despite court order

A Victory for Conscience and a Culture of Life

“Nurses of Conscience” say NO to abortion coercion at UMDNJ

 Court temporarily stops NJ hospital from forcing nurses to participate in abortions 

 12 nurses sue NJ hospital for forcing them to participate in abortions

Support access to health care?  Protect conscience rights. 

Cooking Up a Healthy Portion of Conscience

Ron Paul Statement on New Obamacare/HHS Regulation

Letter to HHS Secretary Kathleen Sebelius from 28 US Senators

Hatch, Johanns Spearhead Letter To HHS On Women’s Preventive Services Mandates

Abortion committee upholds right of conscience

Testimony of Most Rev. C. Lori, on behalf of the US Conference of Catholic Bishops

Hearing: Energy and Commerce Sub-Committee on Health

Belmont Abbey College sues the federal government over new Obamacare mandate

Cardinal Reaffirms Support for Respect for Rights of Conscience Act 


4.  Action Items

  


5.  Conferences/Papers

The Project will post notices of conferences that are explore and support the principle freedom of conscience, including the legitimate role of moral or religious conviction in shaping law and public policy in pluralist states or societies.

Conscience- The Voice of God


6.  Publications of Interest

 

 

7.  Video

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8.  Audio

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