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Aborting Doctors' Rights to Freedom of Thought, Conscience and Religion: Has the Medical Council Gone Too Far?

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dc.contributor.author Spelman, Julia
dc.date.accessioned 2011-08-15T02:15:36Z
dc.date.accessioned 2022-10-27T03:05:24Z
dc.date.available 2011-08-15T02:15:36Z
dc.date.available 2022-10-27T03:05:24Z
dc.date.copyright 2010
dc.date.issued 2010
dc.identifier.uri https://ir.wgtn.ac.nz/handle/123456789/25626
dc.description.abstract This paper considers the issues in an upcoming judicial review case brought against the Medical Council by a group of Wellington doctors. The Medical Council’s proposed Beliefs and Medical Practice statement is being challenged on the grounds that it breaches doctors’ rights to freedom of thought, conscience, and religion, as well as the right to a conscientious objection. The part of the Medical Council’s statement that is being challenged concerns the situation where a doctor is faced with a pregnant patient who is unsure about continuing with her pregnancy. The requirement in the proposed statement is that, regardless of personal beliefs, the doctor is required to either advise or refer. This means the doctor must advise the patient on all the options available to her, including abortion. If the doctors objects to providing this medical advice, the doctor is required to refer the patient to another doctor who is willing to advise on abortion. This paper finds that this requirement, to advise or refer, breaches doctors’ rights to manifest religion or beliefs under s 15 but that this breach is justified under s 5 of the Bill of Rights Act 1990. This paper also concludes that a duty of referral is consistent with the statutory right to a conscientious objection. en_NZ
dc.language en_NZ
dc.language.iso en_NZ
dc.publisher Te Herenga Waka—Victoria University of Wellington en_NZ
dc.subject Medical laws en_NZ
dc.subject Medical ethics en_NZ
dc.subject Rights en_NZ
dc.subject Physicians en_NZ
dc.subject Abortion en_NZ
dc.title Aborting Doctors' Rights to Freedom of Thought, Conscience and Religion: Has the Medical Council Gone Too Far? en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit School of Law en_NZ
vuwschema.type.vuw Bachelors Research Paper or Project en_NZ
thesis.degree.discipline Law en_NZ
thesis.degree.name Bachelor of Laws with Honours en_NZ

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