Conscientious Objection and Freedom of Conscience. Applicable Law on Health in Uruguay

Objeción de conciencia y libertad de conciencia. Normativa vigente en Uruguay

Asiaín Pereira, Carmen
Detalles Bibliográficos
2016
conscientious objection
abortion
writ of habeas conscientiam
medical ethics.
objeción de conciencia
aborto
recurso de habeas conscientiam
ética médica.
Español
Universidad Católica del Uruguay
LIBERI
https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/1235
https://hdl.handle.net/10895/4131
Acceso abierto
Resumen:
Sumario:The right to conscientious objection as a fundamental human right recognized by International Law mandatory for Uruguay, acknowledged by the Constitution and subsequently regulated by laws and by the jurisprudence –including recent resolutions by the Administrative Court-, and cases ruled by the Administration.Changes recently introduced in the legal protection of conscientious objection and its appearance in different and growing areas –healthcare, both from the professional as from the patient, in the workplace, in education, as exercised by public servants- and the challenges of the present regulation, as well as the ambiguities provoked by the absence of a systematic and integral consideration of the right, which creates uncertainty for the legal operator. The bill on freedom of conscience and institutional autonomy, introducing the writ of hábeas conscientiam.Some conclusive remarks as regards the reception of the right to conscientious objection and the role of jurisprudence as the utmost guarantee of individual and collective rights are proposed.