The purpose of this paper is to determine the appropriate legal balance and framework whereby issues of health care, patient access and rights of conscience can be best…
Abstract
Purpose
The purpose of this paper is to determine the appropriate legal balance and framework whereby issues of health care, patient access and rights of conscience can be best accommodated.
Design/methodology/approach
A review of existing case law, statutes and conscience clauses as applied to the philosophical debate surrounding conscience in health care.
Findings
Freedom of conscience is strongly anchored in British law and policy. Practice within the health care industry, however, has been slow and resistant to rights of conscience. Respecting the right of health care workers to exercise that right, benefits the health care industry at large, and patients themselves.
Originality/value
This debate, particularly since the so-called “Scottish mid-wives case” and the recent General Pharmaceutical Council consultation on religion and personal values, has come to the forefront of bio-ethical discourse in recent months. As such, this treatment provides a valuable legal tool to answering the various positions involved in the debate.