When patient autonomy became a closely held value in medical ethics in the 1960s and '70s, the physician’s conscience-based right to refuse to deliver a given service began to be contested.
If employees of religious institutions whose consciences conflict with those of their employers were to be granted legal protection for positive claims of conscience, the religious freedom of institutions within which they work would be gravely compromised.
An argument that the concept of judicious dissent can resolve the debate over a physician’s conscience-based right to refuse to provide lawful services.
An argument that an individual physician’s conscience-based decision not to offer specific, lawful medical services should not restrict patients’ access to those services.
With good planning and good will, medical professionals’ right of conscience and patients’ rights to controversial services can be both protected and accommodated.
When a pregnant woman is knowingly causing harm to her unborn child, there are various legal interventions that can be taken to protect the rights if the fetus.