
Spain
Spanish Constitution, Article 16
". . . this right [conscientious objection] may be derived from the
general protection of freedom of religion under Article 16 of the
Constitution . . . the Constitutional Court considered that health care
practitioners may invoke Article 16 of the Constitution in order to justify
refusing to perform certain operations which would violate their religious
beliefs (STC 53/1985, judgment of 26 August, 1988). This has been confirmed
in later judgments by the same court, delivered on 16 and 23 January, 1998."*
Autonomous Communities
Spain has fifty provinces. Following the adoption of a new constitution,
the country was also divided into 17 autonomous communities and two African
autonomous cities. The autonomous communities have their own parliaments and
regional governments, though the authority of the communities is not
uniform. This results in a degree of legislative and executive autonomy that
is unusual in member states of the European Union.
Cantabria
Ley de Cantabria 7/2001, de 19 de diciembre, de Ordenacion Farmaceutica
de Cantabria (BOC de 27 de dicimbre)
". . . limiting the right to conscientious objection of
pharmacologists to situations where this does not threaten the right of the
patients."*
La Rioja
Law 8/1998 (16 June, 1998) On Pharmacologists, Article 5(10) (Ley
8/1998, de 16 de junio, de ordenacion farmaceutica de la Communidad Autonoma
de La Rioja (BOLR de 20 de junio)
". . . recognizes the right to conscientious objection
of the pharmacologists in fulfilment of their professional duties, unless
the exercise of this right would threaten the health of the patient."*
Valencia
Law 1/2003 (28 January, 2003) on the Rights and Information of the
Patient, Article 17(2) (Ley 1/2003, de 28 de enero, de la Generalitat, de
Derechos e Informacion al Paciente de la Comunidad Valenciana (DOGV de 31 de
enero)
". . . while it recognizes the right for each patient to adopt a 'life
will' according to which he or she may express the will not to be
artificially kept alive in certain circumstances where life-saving medical
treatment would have to be delivered, also allows for a conscientious
objection clause benefitting health care practitioners . . . which they may
invoke in order not to have to be instrumental in executing that will.
However, the provision also provides an obligation for the public
administration, where such conscientious objection is raised, to adopt the
necessary measures to ensure that the will of the patient is respected."*
*Precis in English from EU Network of Independent Experts
on Fundamental Rights, Opinion No. 4-2005: The Right to Conscientious
Objection and the Conclusion by EU Member States of Concordats with the Holy
See (14 December, 2005), p. 13-14