Obaveza ljekara na pružanje medicinskih usluga v. prigovor savjesti u medicini

Abstract

The patient's right to available and accessible healthcare is correlated with the physician's obligation to provide the appropriate medical services. More recently, in medical practice in several countries, there have been an increasing number of cases where physicians (and other healthcare providers) refuse to provide a specific medical service, referring to their religious and moral beliefs i.e. the right to conscientious objection. Do physicians violate their professional obligation to act for the benefit of the patient and provide the necessary medical services? Does this interfere with the patient's right to self-determination and his other rights? Does this lead to discrimination against patients and indirect imposition of physicians' moral and religious beliefs? These are just several questions raised in theory and practice due to the conscientious objection in medicine. This paper explores the doctrinal and legislative approaches of the right to conscientious objection in medicine in Europe and worldwide.