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Full-Text Articles in Law
Conscientious Objection Of Health Care Providers: Lessons From The Experience Of The United States, Soledad Bertelsen
Conscientious Objection Of Health Care Providers: Lessons From The Experience Of The United States, Soledad Bertelsen
Notre Dame Journal of International & Comparative Law
In recent years, legislation and regulations in different countries of the world have raised questions about the conscientious objection of health care providers. In Spain, the Sexual and Reproductive Health and Voluntary Interruption of Pregnancy Act of 2010 (Sexual and Reproductive Health Act) recognizes the right to conscientious objection of professionals directly involved in the termination of pregnancy but also expands the possibility to perform abortions in relation to previous legislation. The application of the conscientious objection clause, however, leaves multiple questions open, and both the administration and the judiciary have reached different conclusions in its interpretation. The discussion about …
The Invention Of A Human Right: Conscientious Objection At The United Nations, 1947-2011, Jeremy Kessler
The Invention Of A Human Right: Conscientious Objection At The United Nations, 1947-2011, Jeremy Kessler
Faculty Scholarship
The right of conscientious objection to military service is the most startling of human rights. While human rights generally seek to protect individuals from state power, the right of conscientious objection radically alters the citizen-state relationship, subordinating a state's decisions about national security to the beliefs of the individual citizen. In a world of nation-states jealous of their sovereignty, how did the human right of conscientious objection become an international legal doctrine? By answering that question, this Article both clarifies the legal pedigree of the human right of conscientious objection and sheds new light on the relationship between international human …