Legal opinion on the conscience clause for doctors, pharmacists and nurses in Italian law. Cover Image

Opinia prawna na temat klauzuli sumienia lekarzy, farmaceutów oraz pielęgniarek w prawie włoskim.
Legal opinion on the conscience clause for doctors, pharmacists and nurses in Italian law.

Author(s): Jolanta Waszczuk-Napiórkowska
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; conscience clause; Italy; medicine; abortion;

Summary/Abstract: The object of this paper is to provide an opinion on the regulation of conscience clause in relation to doctors, nurses and pharmacists under Italian law. The opinion was based on the legislative texts available on the websites of the Italian government and the Ministry of Health. Conscience clause is governed by Article 9 of Legge 22 maggio 1978, Norme per la tutela sociale della maternità e sull’interruzione volontaria della gravidanza (Legge 194/1978), under which a doctor or nurse may refuse to provide and participate in carrying out abortions, should they submit a statement – subject to Article 5(3). Conscience clause is governed by Article 16 of Legge 19 febbraio 2004, n.40 standard in materia di procreazione medicalmente assistita (Law 40/2004), under which a doctor or nurse may refuse to participate in medical procedures and assisted conception treatments.

  • Issue Year: 2012
  • Issue No: 3
  • Page Range: 257-268
  • Page Count: 11
  • Language: Polish