https://doi.org/10.21697/spch.2026.62.A.03
This work examines the legal basis for the conscience clause for individuals classified as medical professionals and for providing healthcare services from an ethical perspective. The argument developed takes into account ethical and legal theories, as well as practical observations resulting from the application of the analyzed legal provisions establishing the conscience clause for medical professionals. The aim of this analysis is to identify the ethical implications that may influence the resolution of moral conflicts in the application of the conscience clause when in concrete cases of individual patients requesting satisfaction of their specific healthcare needs. Furthermore, the identification of the legal conditions discussed in this work allows for the identification of the legal basis for actions undertaken in such circumstances by medical care providers, which par excellence resolve such conflicts of values. The results of the author’s research suggest that the issue of a medical professional invoking the conscience clause in their relationship with a patient should always be considered in the context of the constitutionally protected value of freedom of conscience. Considering the right of conscientious objection stemming from the right of freedom of conscience, which is subject to ethically based restrictions, makes it also impossible to ignore the relevant legal regulations. As for the rights of medical professionals, it should be noted that the legal provisions under review also define the limits of a patient’s health safety. This safety should be defined in terms of ensuring the protection of the life and health of the person seeking health care, especially in situations of a direct threat to these rights. This means that medical services provided under the conscientious objection clause should be effectively accessible to patients, and consequently provided by another medical professional. This approach also ensures ethical and legal safety for both parties in the complex process of providing health care services.
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English
Język Polski