La objeción de conciencia en el ámbito sanitariofundamentación y limitaciones

Abstract

The duty to preserve and protect the right of the individual to freely form his own conscience is known as “freedom of conscience” and is a freedom before the State that the public authorities have the duty to recognize and guarantee. Conscientious objection arises because of a conflict between the legal norm and some moral norm, in which the subject is relieved of the duty of obedience. Organic Law 2/2010, of 3 March, on sexual and reproductive health and the voluntary interruption of pregnancy, recognizes the right of conscientious objection for all professionals directly involved in terminating pregnancy. Much more recently, Organic Law 3/2021, of March 24, regulating euthanasia, also recognizes the right of conscientious objection for those health professionals who are directly involved. The aim is to answer the questions that arise and establish a protocol for nursing, and to highlight the importance of the moral decisions of their actions, as conscious, free and responsible moral agents, to avoid using conscientious objection in an inappropriate, way since the rights of other people are at stake.