On conscientious objection to abortion: Questioning mandatory referral as compromise in the international human rights framework

Tongue, Zoe L

doi:10.1177/09685332221119503

On conscientious objection to abortion: Questioning mandatory referral as compromise in the international human rights framework

Tongue, Zoe L

Authors

Zoe Louise Tongue zoe.l.tongue@durham.ac.uk
PGR Student Doctor of Philosophy

Abstract

This article explores the approach of international human rights bodies to conscientious objection to abortion, by requiring states to implement mandatory referral mechanisms where conscientious objection is permitted. This, however, represents an inadequate compromise position as many objecting healthcare professionals also object to referral and circumvent those requirements. Furthermore, referral cannot address the broader issues with the overuse and misuse of conscientious objection provisions which obstructs access to abortion services. After considering the harms caused by conscientious objection and suggestions for alternative regulatory responses, this article proposes that the international human rights framework should aim to strike a contextual balance between freedom of conscience and ensuring access to abortion. This new approach should place clearer obligations on states to properly regulate conscientious objection, including obligations to address socio-cultural stereotypes around motherhood and the foetus, which result in widespread conscientious objection.

Citation

Tongue, Z. L. (2022). On conscientious objection to abortion: Questioning mandatory referral as compromise in the international human rights framework. Medical Law International, 22(4), 349-371. https://doi.org/10.1177/09685332221119503

Journal Article Type	Article
Acceptance Date	Jul 27, 2022
Online Publication Date	Sep 7, 2022
Publication Date	2022-12
Deposit Date	Oct 12, 2022
Publicly Available Date	Mar 22, 2023
Journal	Medical Law International
Print ISSN	0968-5332
Electronic ISSN	2047-9441
Publisher	SAGE Publications
Peer Reviewed	Peer Reviewed
Volume	22
Issue	4
Pages	349-371
DOI	https://doi.org/10.1177/09685332221119503

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This article is distributed under the terms of the Creative Commons Attribution 4.0 License (https://creativecommons.org/licenses/by/4.0/) which permits any use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access page (https://us.sagepub.com/en-us/nam/open-access-at-sage).