Given numerous ethical concerns with conscientious refusals by healthcare professionals, there is a need for detailed policies outlining the permissibility of conscientious refusals. I suggest that the Canadian Medical Association (CMA) and American Medical Association (AMA) policies are inadequate and that these associations have good reason to endorse more restrictive, more detailed policies regarding conscientious refusals, much like those endorsed by nursing associations.Health-care professionals sometimes refuse to participate in the administration of legal interventions because the administration of these interventions conflicts (...) with their deeply held moral beliefs. These types of refusals are known as .. (shrink)

Answers to the questions of what justifies conscientious objection in medicine in general and which specific objections should be respected have proven to be elusive. In this paper, I develop a new framework for conscientious objection in medicine that is based on the idea that conscience can express true moral claims. I draw on one of the historical roots, found in Adam Smith’s impartial spectator account, of the idea that an agent’s conscience can determine the correct moral norms, even if (...) the agent’s society has endorsed different norms. In particular, I argue that when a medical professional is reasoning from the standpoint of an impartial spectator, his or her claims of conscience are true, or at least approximate moral truth to the greatest degree possible for creatures like us, and should thus be respected. In addition to providing a justification for conscientious objection in medicine by appealing to the potential truth of the objection, the account advances the debate regarding the integrity and toleration justifications for conscientious objection, since the standard of the impartial spectator specifies the boundaries of legitimate appeals to moral integrity and toleration. The impartial spectator also provides a standpoint of shared deliberation and public reasons, from which a conscientious objector can make their case in terms that other people who adopt this standpoint can and should accept, thus offering a standard fitting to liberal democracies. (shrink)

The literature on conscientious objection in medicine presents two key problems that remain unresolved: Which conscientious objections in medicine are justified, if it is not feasible for individual medical practitioners to conclusively demonstrate the genuineness or reasonableness of their objections? How does one respect both medical practitioners’ claims of conscience and patients’ interests, without leaving practitioners complicit in perceived or actual wrongdoing? My aim in this paper is to offer a new framework for conscientious objections in medicine, which, by bringing (...) medical professionals’ conscientious objection into the public realm, solves the justification and complicity problems. In particular, I will argue that: an “Uber Conscientious Objection in Medicine Committee” —which includes representatives from the medical community and from other professions, as well as from various religions and from the patient population—should assess various well-known conscientious objections in medicine in terms of public reason and decide which conscientious objections should be permitted, without hearing out individual conscientious objectors; medical practitioners should advertise their conscientious objections, ahead of time, in an online database that would be easily accessible to the public, without being required, in most cases, to refer patients to non-objecting practitioners. (shrink)

Many professional associations have policies explaining when it is or is not acceptable for health-care professionals to refuse to participate in the administration of certain interventions on grounds of conscience. In both Canada and the United States, nursing associations tend to have much more detailed, permissive policies than medical associations. There are reasons to think that this distinction is not justifiable, and I argue that some specific North American medical associations should endorse policies regarding conscientious refusals that are modeled on (...) those endorsed by nursing associations and the United Kingdom’s General Medical Council. (shrink)