Unfortunately for Kate, a private faith-based healthcare institution in the United States generally has a legal right to refuse access to abortion based on the principle of conscientious objection (Levin, 2016; Fiala & Arthur, 2017). Conscientious objection refers to the health care provider (or in this case, the insurance provider’s) ability to refuse to take action based on religious principles or beliefs. In this case, and in all similar cases, the legal right to refuse treatment should be separated from Kate’s rights as a patient. Ultimately, Kate’s rights to ethical treatment, medical justice, and autonomy far outweigh the hospital’s right to conscientious objection. The only compromise that can possibly be reached in this case would be for the institution to refer Kate to a nearby institution that could perform the procedure. If, however, no such institution existed then Kate must be able to access the abortion services through her primary care facility. As Fiala & Arthur (2017) point out, conscientious objection in health care “should not be considered a right, but an unethical refusal to treat,” (p. 254). A doctor has professional obligations to the patient that supersede the doctor’s personal beliefs. Put another way, “introducing religion into medicine undermines...
References
Fiala, C. & Arthur, J.H. (2017). There is no defense for ‘conscientious objection” in reproductive health care. European Journal of Obstetrics and Gynecology and Reproductive Biology 216(2017): 254-258.
Levin, J. (2016). Partnerships between faith-based and medical sectors. Prev Med Rep 2016(4): 344-350.
Rosell, T. (n.d.). Abortion rights and/or wrongs. Center for Practical Bioethics. http://practicalbioethics.org/case-studies-abortion-rights-and-or-wrongs
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