A defense of conscientious objection: Why health is integral to the permissibility of medical refusals

Bioethics. 2022 Jan;36(1):54-62. doi: 10.1111/bioe.12956. Epub 2021 Oct 2.

Abstract

Schuklenk, Smalling, and Savulescu put forth four conditions that delineate when conscientious objection is impermissible. Roughly, they argue for the following claim: if some practice is legal, standard, expected of a profession, and in the patient's interest, then medical professionals cannot refuse to perform the practice. In this essay, I argue that these conditions are not jointly sufficient to deny medical professionals the ability to refuse to perform procedures that detract from a patient's health. They are insufficient to bar medical refusals to perform certain practices because, even when these conditions are met, non-health conducive practices would not be open to refusal by the physician. I provide an example of a non-health conducive practice female genital mutilation, which meets all of the proposed conditions but, intuitively, should be open to medical refusals. As a result, I conclude that the proposed conditions are insufficient to determine when conscientious objection is impermissible. I then offer an amendment to their position by suggesting that a practice, in addition to the other four conditions, must also be health conducive in order to remove the medical professional's ability to refuse to perform the practice.

Keywords: Schuklenk; conscientious objection; female genital cutting; health.

MeSH terms

  • Conscience*
  • Female
  • Humans
  • Physicians*
  • Refusal to Treat