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Conscientious objection to sexual and reproductive health services : a comparative perspective
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Florence : European University Institute, 2017
EUI; LAW; LLM Thesis
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ARIZA NAVARRETE, Sonia, Conscientious objection to sexual and reproductive health services : a comparative perspective, Florence : European University Institute, 2017, EUI, LAW, LLM Thesis - https://hdl.handle.net/1814/93876
Abstract
This research undertakes an analysis of conscientious objection (CO) to Sexual and Reproductive Health Practices (SRHP). According to the limited data available, this phenomenon is prevalent in countries with Catholic cultural background such as Ireland, Italy and Spain. The use of CO in Latin American countries also appears to be pervasive. Justified in the protection of freedom of conscience as one of the tenets of a democratic and pluralistic society, adverse effects of CO on patients, particularly women, have been poorly addressed. As it has been scarcely documented, often, institutional responses to balance interests at stake overlook the systemic nature of women’s disadvantages, and law’s potential to advance gender justice. In this thesis I argue that current legal approaches to CO to SRHP are insufficient. Particularly, regarding their implications for women’s access to SRHP. Therefore the question guiding this thesis revolves on the impact of legal current legal approaches to CO to SRHP on women. This study is a comparative exercise on current legal standards and responses to CO to SRHP in three cases: Argentine, Colombian and Spanish standards and regulations of CO to SRHP, exposing the particularities and challenges faced in different contexts. Most notably, I found that it is of capital importance to examine local experiences of CO to SRHP, as general standards and current approaches have failed to protect women’s interests in cases of health professionals’ CO. Therefore, using a feminist critical framework, I assert the urge to develop comprehensive and flexible criteria to address CO, inspired by situated knowledge and evidence-based decision-making methods rather than universalising aspirations.
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Award date: 2017
Supervisor: Prof. Martin Scheinin (European University Institute)
Supervisor: Prof. Martin Scheinin (European University Institute)