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Refusal of abortion Bill to protect conscience rights is ‘totalitarian’

The Government’s proposed abortion Bill is “totalitarian” because of its failure to adequately protect the right to conscientious objection, the Conference of Religious in Ireland (CORI) has said.

It said that the conscience rights of both medical professionals and legislators must be acknowledged by the Government in the drafting of the legislation and in the debate surrounding it.

In a statement [1], it said that it was “the responsibility of Government to ensure that the right to conscientious objection is guaranteed to all within Irish society, including those who have responsibility as legislators”.

“Not doing so gives the hallmark of a totalitarian regime to the Protection of Life During Pregnancy (Heads of) Bill 2013,” the statement continued.

Head 12 of the bill allows doctors to refuse to carry out abortions on conscientious grounds, but does not accord religious institutions any right to refuse to carry out abortions.

In addition, Head 12 requires doctors or other medical professionals who refuse to participate directly in an abortion to refer a woman who requests an abortion to a doctor will carry out the abortion.

Significant numbers of people and institutions “consider that abortion is contrary to basic human morality, and will refuse to participate in the provision of abortion, even if it is legalised,” the statement says.

“Faith-based and other healthcare institutions that cannot facilitate the practice of abortion, because of the ethos that prevails within the clinical environment, must neither be forced to compromise their ethos nor penalised because of their moral stance,” it continues.

It says: “The right to conscientious objection is a fundamental human right grounded in an objectively and universally recognised ethical, religious and moral human standard. It is explicitly recognised in EU, ECHR (European Convention on Human Rights) and International Law.

“Under ECHR Law, which is applicable in Ireland, hospitals and institutions are the holders of the right to conscientious objection. In the United States, virtually all States have broadly worded provisions that guarantee the right to conscientious objection to any individual or institution.

“It must be ensured that all healthcare professionals in Ireland are free to exercise their right to conscientious objection.

“This freedom cannot be restricted to medical practitioners, midwives and nurses. Legal persons such as hospitals and institutions must also be free to exercise their right to conscientious objection.

“The right to conscientious objection to the practice of abortion is widely recognised and accepted in international and European Law. It is seen as a hallmark of a democratic and tolerant society.

“It is therefore necessary that the Protection of Life During Pregnancy (Heads of) Bill 2013 includes an adequately drafted clause on conscientious objection.

“CORI appeals to legislators to recognise that abortion legislation concedes a basic principle of law – that innocent life may not be intentionally destroyed.

The statement added “because of the moral implications of the proposed legislation and the importance of freedom of conscience, that elected representatives, of all political persuasions, ought to be allowed a free vote and the option to abstain from participation in a legislative process that could introduce abortion to Ireland”.