CEU eTD Collection (2010); Slovinska, Slavomira: Comparative Legal Analysis of Conscientious Objections in Heatlh Care

CEU Electronic Theses and Dissertations, 2010
Author Slovinska, Slavomira
Title Comparative Legal Analysis of Conscientious Objections in Heatlh Care
Summary The purpose of this thesis is to demonstrate what would be an appropriate model of the regulation of conscientious objections in health care. These objections are regulated in many countries’ national legislations, however, some of them fail to provide safeguards which would secure proper balance between the two conflicting interests – the health care professional’s right to act in accordance with his conscience and individual’s right to access health care.
Therefore, this thesis analyzes regulation of the conscientious objection in the legal systems of the USA, the UK and the Slovak Republic with respect to the appropriateness of such regulation and major differences which they include. The thesis suggests that the protection of conscientious objection in the USA can go too far and be too excessive, while the UK presents much more appropriate model of regulation of conscientious objection with certain limitations. Furthermore, it submits that regulation of conscientious objection in Slovakia consists in general but vague clause creating the possibilities for future controversies.
The thesis also analyses different opinions on the acceptability of conscientious objection in health care and finally, it suggests conditions and limitations of conscientious objection that should be met in the regulation of national legislations in order to find appropriate balance between the competing interests of health care professionals and patient.
Supervisor Judit Marcella Sandor
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2010/slovinska_slavomira.pdf

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