Conscientious objection to abortion is the right of medical staff to refuse participation in

abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...

for reasons of personal opposition to abortion on moral grounds.

By country

Americas

United States

Europe

Conscientious objection is granted in 22

member states of the European Union The European Union (EU) is a political and economic union of 27 member states that are party to the EU's founding treaties, and thereby subject to the privileges and obligations of membership. They have agreed by the treaties to share their o ...

plus the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

Norway Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. The remote Arctic island of Jan Mayen and the archipelago of Svalbard also form part of the Kingdom of ...

and

Switzerland Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...

. It is not granted in

Sweden Sweden, formally the Kingdom of Sweden, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. It borders Norway to the west and north, and Finland to the east. At , Sweden is the largest Nordic count ...

Finland Finland, officially the Republic of Finland, is a Nordic country in Northern Europe. It borders Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bothnia to the west and the Gulf of Finland to the south, ...

Bulgaria Bulgaria, officially the Republic of Bulgaria, is a country in Southeast Europe. It is situated on the eastern portion of the Balkans directly south of the Danube river and west of the Black Sea. Bulgaria is bordered by Greece and Turkey t ...

Iceland Iceland is a Nordic countries, Nordic island country between the Atlantic Ocean, North Atlantic and Arctic Oceans, on the Mid-Atlantic Ridge between North America and Europe. It is culturally and politically linked with Europe and is the regi ...

, or

Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...

. The right of member states to enact legislation that limit the right to conscientious objection to abortion was upheld by the European Court of Human Rights in March 2020.

Croatia

Doctors and other medical personnel have the right to conscientious objection.

Rada Borić Rada Borić (born 1951) is a Croatian politician, scholar, feminist, and women's rights activist. She is serving as a member of Croatian Parliament for the green-left We Can! party. She is one of the founders and the current vice-president of th ...

( Women's Network Croatia) has argued that it is given more prominence than the women's right to abortion, thus making it difficult. On February 21, 2017, the

Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...

ordered the

Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

to enact new abortion law within two years, introducing educational and preventive measures to make abortion an exception and not a rule, and to regulate conscientious objection.

Czech Republic

In the

Czech Republic The Czech Republic, also known as Czechia, and historically known as Bohemia, is a landlocked country in Central Europe. The country is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the south ...

since 2011, doctors and medical personnel can choose not to provide abortion care or prescribe any

contraceptive Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth control only be ...

(called '' Výhrada svědomí''). However, if a doctor refuses to provide abortion care they have to refer the patient to another doctor who can.

Hungary

In 2013, the

Committee on the Elimination of Discrimination against Women The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted ...

of the

United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...

expressed concern about "the increasing resort to conscientious objection by health professionals in the absence of an adequate regulatory framework."

Ireland

Under section 22 of the

Health (Regulation of Termination of Pregnancy) Act 2018 The Health (Regulation of Termination of Pregnancy) Act 2018 ( Act No. 31 of 2018; previously Bill No. 105 of 2018) is an Act of the Oireachtas (Irish parliament) which defines the circumstances and processes within which abortion may be legally ...

, medical practitioners, nurses and midwives have the right not to participate in abortions, except when there is a risk to life or health of the pregnant woman in emergency. They also have to make arrangements to enable the woman to get an abortion.

Italy

The law gives the option for

health professional A health professional, healthcare professional (HCP), or healthcare worker (sometimes abbreviated as HCW) is a provider of health care treatment and advice based on formal training and experience. The field includes those who work as a Nursing, nur ...

s to claim the right to refuse to perform abortion. If the health personnel demands to be

conscientious objector A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–indu ...

, they have to declare it in advance (Art.9). However, conscientious objection may not be invoked by health professionals if the personal intervention is essential in order to save the life of a woman in imminent danger. Italy keeps a record of the objecting doctors. According to data from the Ministry of Health, between 1997 and 2016 there was a 12.9% increase in the number of gynecologists who refuse to perform abortions on moral grounds, from 62.8% to 70.9%, the highest percentage ever recorded. As of 2016 the percentage is higher than the national average in

Southern Italy Southern Italy (, , or , ; ; ), also known as () or (; ; ; ), is a macroregion of Italy consisting of its southern Regions of Italy, regions. The term "" today mostly refers to the regions that are associated with the people, lands or cultu ...

(83.5%) and Sicily and Sardinia (77.7%), and lower in Central (70.1%) and

Northern Italy Northern Italy (, , ) is a geographical and cultural region in the northern part of Italy. The Italian National Institute of Statistics defines the region as encompassing the four Northwest Italy, northwestern Regions of Italy, regions of Piedmo ...

(63.9%). The percentage is growing in all the

macroregion A macroregion is a geopolitical subdivision that encompasses several traditionally or politically defined regions or countries. The meaning may vary, with the common denominator being cultural, economical, historical or social similarity within a ma ...

s except the North. As a result, voluntary abortion is performed only in 60% of the hospitals of the country. Also, non-objecting doctors suffer discrimination, and -in some provinces- needs to perform record-numbers of abortions, up to 15.8 per week in the

province of Taranto The province of Taranto (; Tarantino: ; Salentino: ), previously known as the province of the Ionian, is a province in the Apulia region of Italy. Its capital is the city of Taranto. It has an area of , and a total population of 581,092 (2017). ...

(

Apulia Apulia ( ), also known by its Italian language, Italian name Puglia (), is a Regions of Italy, region of Italy, located in the Southern Italy, southern peninsular section of the country, bordering the Adriatic Sea to the east, the Strait of Ot ...

) or 12.2 in the

province of Catania The province of Catania (; ) was a province in the autonomous island region of Sicily, Italy. Its capital was the city of Catania. It had an area of and a total population of about 1,116,917 as of 31 December 2014. Historically known also as ...

(

Sicily Sicily (Italian language, Italian and ), officially the Sicilian Region (), is an island in the central Mediterranean Sea, south of the Italian Peninsula in continental Europe and is one of the 20 regions of Italy, regions of Italy. With 4. ...

). A resolution by the

Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...

has found several violations of the

European Social Charter The European Social Charter is a Council of Europe treaty which was opened for signature on 18 October 1961 and initially became effective on 26 February 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. By ...

in the situation: * right to protection of health (art. 11) of women seeking abortion; *

right to work The right to work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Ri ...

(art. 1) and to

dignity Dignity is a human's contentment attained by satisfying physiological needs and a need in development. The content of contemporary dignity is derived in the new natural law theory as a distinct human good. As an extension of the Enlightenment- ...

at work (art. 26) of non-objecting medical practitioners, because of different treatment and moral harassment.

Poland

The Constitutional Tribunal "abolished a requirement that medical professionals who refuse to provide health services refer patients to an alternate medical provider".

Portugal

Abortion was legalised in Portugal in 2007. The law allows conscientious objection and many doctors refuse to perform abortion, making it difficult for women to access it.

United Kingdom

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...

and

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

, medical staff has the right to refuse to participate in abortion because of conscientious objection. Section 4 of the

Abortion Act 1967 The Abortion Act 1967 (c. 87) is an act of the Parliament of the United Kingdom that legalised abortion in Great Britain on certain grounds by registered practitioners, and regulated the tax-paid provision of such medical practices through the N ...

(which does not extend in

Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...

, where abortion is prohibited under most circumstances) states:

Oceania

New Zealand

In New Zealand, Conscientious Objection in Abortion is supported by legislation and employment was protected against discrimination, however, in 2020, this protection was partially removed where it causes unreasonable disruption to an employers services.

References

External links

* * {{Authority control Abortion law Abortion by country Conscientious objection