Loyalty and the Conscientious Objection Clause Cover Image

Lojalność a klauzula sumienia
Loyalty and the Conscientious Objection Clause

Author(s): Andrzej Marian Świątkowski
Subject(s): Philosophy of Law, Sociology of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej

Summary/Abstract: The shortcomings discovered by the European Committee of Social Rights in case CGIL v. Italy which exist in the provision of abortion services as a result of decrease in the number of hospitals or nursing homes where abortions are carried out nation-wide, significant number of hospitals where there are no non-objecting gynecologists are employed create disproportionate relationship between the legal request to terminate pregnancy and the number of available non-objecting competent health personnel remain unremedied and women seeking access to abortion services continue to face substantial difficulties in obtaining access to such services in practice. The aforementioned health facilities do not adopt the necessary measure in order to compensate for the deficiencies in services caused by health personnel who decide to invoke their right to conscientious objection. These situations may invoke considerable risks for the health and well-being of the women concerned which contrary to the right to protection of health guaranteed by the Revised European Social Charter.

  • Issue Year: 65/2018
  • Issue No: 2
  • Page Range: 247-263
  • Page Count: 17
  • Language: Polish