Conscientious Objection: A Talmudic Paradigm Shift

Abstract

Conscientious objection remains a very heated topic with strong opinions arguing for and against its utilization in contemporary health care. This paper summarizes and analyzes various arguments in the bioethical literature, favoring and opposing conscientious objection, as well as some of the proposed solutions and compromises. I then present a paradigm shifting compromise approach that arises out of very recent Jewish bioethical thought that refocuses the discussion and can minimize the frequency with which conscientious objection is required.

Nurses' attitudes toward, perceptions of, and experiences with conscientious objection

“…12,13 Opponents assert that healthcare professionals are supposed to use their knowledge and skills to treat and care for their patients and should never prioritize their values and beliefs over those of their patients. 13 They have also raised concerns that CO may place a burden on patients and other colleagues, reduce the quality of health services and care, disproportionately affect those living in rural areas, and result in discrimination and abuse. [12][13][14] Research shows that nurses would like to exercise their right to CO in different situations, such as administering a futile treatment that causes nothing but suffering, providing technologically assisted treatment for brain-dead patients, managing a neonate's pain during medical procedures, and taking part in procedures like abortion, sterilization, assisted reproduction, family planning, euthanasia, and organ harvesting.…”

“…13 They have also raised concerns that CO may place a burden on patients and other colleagues, reduce the quality of health services and care, disproportionately affect those living in rural areas, and result in discrimination and abuse. [12][13][14] Research shows that nurses would like to exercise their right to CO in different situations, such as administering a futile treatment that causes nothing but suffering, providing technologically assisted treatment for brain-dead patients, managing a neonate's pain during medical procedures, and taking part in procedures like abortion, sterilization, assisted reproduction, family planning, euthanasia, and organ harvesting. 13,[15][16][17] Yalım 3 and Keles ¸et al 18 argue that more and more Turkish healthcare professionals are refusing to care for certain patients due to their biological sex and taking refuge in the concept of CO to justify their decision.…”

“…[12][13][14] Research shows that nurses would like to exercise their right to CO in different situations, such as administering a futile treatment that causes nothing but suffering, providing technologically assisted treatment for brain-dead patients, managing a neonate's pain during medical procedures, and taking part in procedures like abortion, sterilization, assisted reproduction, family planning, euthanasia, and organ harvesting. 13,[15][16][17] Yalım 3 and Keles ¸et al 18 argue that more and more Turkish healthcare professionals are refusing to care for certain patients due to their biological sex and taking refuge in the concept of CO to justify their decision. The researchers attribute this trend to the dominance of Islamic values in political and public discourse in recent years in Turkey.…”

Conscience Clause in the Professional Practice of a Nurse and Midwife: A Cross-Sectional Study

“…The emergence of numerous new technologies in healthcare has complicated the choices that healthcare professionals and patients face [3]. In this respect there is the so called conscience clause, as an emanation and realization of the freedom of conscience, which is supposed to help resolve moral dilemmas, which are actually a con ict of [4].…”

“…The cases of nurses and midwives withdrawing from the professed system of values have not been su ciently researched, which is signi cant for effective provision of health services [5]. Conscientious objection is the topic that arouses a lot of legal and moral controversy [6,3]. The issue of conscience clause is most frequently discussed in the public sphere with regard to a doctor's or pharmacist's practice.…”