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Women’s Reproductive Health Rights in Poland. Between a Druggists’ Conscience Clause and Their Legal Duty to Provide Contraceptives

100%

Ciereszko K., Napiwodzka K., Nowak E., Hemmerling K.

Ethics in Progress

2023

vol. 14

issue 1

94-109

This article recommends the promotion of moral competence in the health and pharmacy professions to enable them to respect human and patient health rights with a focus on the provision of reproductive and sexual health care services. In certain cultures, health care and drug providers follow their conscientious objection (conscience clause) and decline to perform specific health services, including the provision of legal contraceptives in cases protected by legal and human rights. Such malpractices may violate patients’ and purchasers’ legitime rights. The article also presents findings obtained in Poland with N=121 women experimentally interviewed to examine their experiences as contraception purchasers, to assess their preference concerning facing human vs. robotic pharmacists, to manage the risk of refusal argued by the conscientious objection, and to score their moral competence with one of the dilemmas included in the MCT by G. Lind. This study demonstrated that purchasers with higher C-score (C for moral competence) would not just prefer a robotic pharmacist without a ‘conscience’ but, rather, a competent sales staff able to instruct the patient and advice her on any related queries. It further results that participants with higher moral competence are thus less likely to trust the medical expertise of artificial intelligence. We conclude that public institutions in pluralistic societies must manage normative reproductive health contexts more inclusively, and the election, education, and practice of health professionals in the public health care sector require the development of a normative mindset toward respecting the rights of all patients instead of respecting them selectively at the diktat of particularistic conscience.

Prawne aspekty klauzuli sumienia

84%

Marach-Andruszkiewicz A.

Przegląd Prawniczy Europejskiego Stowarzyszenia Studentów Prawa ELSA Poland

2013

issue 1

173-181

In the following article there are presented current regulations concerning conscience clause in practical medicine. The author points to laws being the source of conscience clause and analyze their subject; points and discuss restrictions of possibility to apply the conscience clause and resulting duties. In this paper there are also presented circumstances where conscience clause can have practical applications. Selected, the most controversial problems were discussed from the current law point of view. In the last part of this study author showed important technical problems following effective law – question of information from the hospital as it will not provide specific services and also question of payment for medical advice, which resulted in use of conscience clause. The goal of this article was also to get most wide sight upon analyzed subject, thus it contain many references to outlooks presented by doctrine.

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1 Ethics in Progress

1 Przegląd Prawniczy Europejskiego Stowarzyszenia Studentów Prawa ELSA Poland

1 Ciereszko K.

1 Hemmerling K.

1 Marach-Andruszkiewicz A.

1 Napiwodzka K.

1 Nowak E.

1 2023

1 2013

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Women’s Reproductive Health Rights in Poland. Between a Druggists’ Conscience Clause and Their Legal Duty to Provide Contraceptives

Prawne aspekty klauzuli sumienia