Doctor’s Conscience Clause and Pregnancy Termination. The Case of Poland

The obligation to make women’s rights to health services a reality rests with the state authorities. However, in Poland, women wishing to carry out a legal termination of pregnancy are often confronted with institutional abuse on the part of health care providers who deny women the possibility of ca...

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Main Author: Michalczuk-Wlizło Marta
Format: Article
Language:English
Published: Sciendo 2024-12-01
Series:Studies in Logic, Grammar and Rhetoric
Subjects:
Online Access:https://doi.org/10.2478/slgr-2024-0030
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author Michalczuk-Wlizło Marta
author_facet Michalczuk-Wlizło Marta
author_sort Michalczuk-Wlizło Marta
collection DOAJ
description The obligation to make women’s rights to health services a reality rests with the state authorities. However, in Poland, women wishing to carry out a legal termination of pregnancy are often confronted with institutional abuse on the part of health care providers who deny women the possibility of carrying out the procedure because gynaecologists invoke the institution of the conscience clause. The aim of this article is to show the mutual normative complexity of the research problem, i.e. the possibility for a doctor to invoke the conscience clause in the case of a patient’s right to an abortion. The paper verifies the research hypothesis that in the field of the conscientious objection clause, systemic solutions are necessary, but not only consisting in specifying the legal provisions but also in enforcing the respect of the law by its addressees. The hypothesis is to be verified using the dogmatic method.
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series Studies in Logic, Grammar and Rhetoric
spelling doaj-art-cf85eba7a0cc4f6ab60aee0d8e4ad2122025-01-20T11:10:12ZengSciendoStudies in Logic, Grammar and Rhetoric2199-60592024-12-0169163966010.2478/slgr-2024-0030Doctor’s Conscience Clause and Pregnancy Termination. The Case of PolandMichalczuk-Wlizło Marta0Maria Curie-Sklodowska University, Lublin, PolandThe obligation to make women’s rights to health services a reality rests with the state authorities. However, in Poland, women wishing to carry out a legal termination of pregnancy are often confronted with institutional abuse on the part of health care providers who deny women the possibility of carrying out the procedure because gynaecologists invoke the institution of the conscience clause. The aim of this article is to show the mutual normative complexity of the research problem, i.e. the possibility for a doctor to invoke the conscience clause in the case of a patient’s right to an abortion. The paper verifies the research hypothesis that in the field of the conscientious objection clause, systemic solutions are necessary, but not only consisting in specifying the legal provisions but also in enforcing the respect of the law by its addressees. The hypothesis is to be verified using the dogmatic method.https://doi.org/10.2478/slgr-2024-0030conscience clauseabortion lawreproductive rightspoland
spellingShingle Michalczuk-Wlizło Marta
Doctor’s Conscience Clause and Pregnancy Termination. The Case of Poland
Studies in Logic, Grammar and Rhetoric
conscience clause
abortion law
reproductive rights
poland
title Doctor’s Conscience Clause and Pregnancy Termination. The Case of Poland
title_full Doctor’s Conscience Clause and Pregnancy Termination. The Case of Poland
title_fullStr Doctor’s Conscience Clause and Pregnancy Termination. The Case of Poland
title_full_unstemmed Doctor’s Conscience Clause and Pregnancy Termination. The Case of Poland
title_short Doctor’s Conscience Clause and Pregnancy Termination. The Case of Poland
title_sort doctor s conscience clause and pregnancy termination the case of poland
topic conscience clause
abortion law
reproductive rights
poland
url https://doi.org/10.2478/slgr-2024-0030
work_keys_str_mv AT michalczukwlizłomarta doctorsconscienceclauseandpregnancyterminationthecaseofpoland