Protection of Conscience Project
Protection of Conscience Project
Service, not Servitude

Service, not Servitude
Isle of Man

Abortion Reform Act 2019

Full Text
3.  Interpretation

. . . "relevant professional" means a person who, for the time being falls within paragraph (a) or (d) of the definition of "health care professional" in section 3 of the Health Care Professionals Act 2014. . .1

8. Conscientious objection

(1)    Subject to subsections (2) to (4), no relevant professional or pharmacist shall be under any legal duty, whether arising by contract or any statutory or other legal requirement, to participate in any treatment or counselling authorised by this Act if that person has a conscientious objection to participating in such treatment  or counselling.

(2)    The Department must not terminate the employment of a person who refuses to participate in treatment or counselling authorised by this Act in reliance upon subsection (1).

(3)    In any legal proceedings, a statement in writing and on oath or affirmation by a person that he or she has a conscientious objection to participating in any treatment or counselling authorised under this Act is conclusive evidence of that objection.

(4)    Subsection (1) does not affect any duty to participate in a treatment which is necessary

(a) to save the life of a pregnant woman; or

(b) to prevent grave permanent injury to the health of a pregnant woman.

(5)    A relevant professional or pharmacist who has a conscientious objection referred to in subsection (1) must

(a) inform the pregnant woman who requests abortion services that she has a right to see another relevant professional or pharmacist (as the case requires); and

(b) ensure she has sufficient information to enable her to exercise the right mentioned in paragraph (a).

(6)    Any relevant professional or pharmacist whose failure to act in accordance with subsection (4) or (5) results in the woman suffering injury or the loss of her life (or both) commits an offence.

Maximum penalty

(a) on information a fine or 2 years’ custody; or

(b) (summary) 12 months’ custody or a level 5 fine

Project Notes

1.  Which includes "a registered medical practitioner" and "a member of the profession of nursing or midwifery who is a registrant."