Panel: WHOSE BIOETHICS? RELIGIOUS TRADITIONS AND NON-RELIGIOUS TRANSLATIONS IN A PLURAL WORLD



46.4 - THE STATE OF CONSCIENTIOUS OBJECTION REGARDING END-OF-LIFE DECISIONS IN CERTAIN EUROPEAN STATES - A COMPARATIVE LEGAL ANALYSIS

AUTHORS:
Köbel D. (Károli Gáspár University of the Reformed Church of Hungary ~ Budapest ~ Hungary)
Text:
End-of-life decisions have become a highly important social debate. In addition to numerous bioethical issues, such as the proper guarantee of human dignity and the right to self-determination, the use of living wills, and informed consent of patients, we must not forget the rights of healthcare workers, limited as they may be in such situations. This paper aims to examine whether the right of conscientious objection can be found in the regulations of certain European countries, namely the Netherlands, Germany, Switzerland, Spain, Italy, and Hungary. We wish to examine, where data is available, the extent to which these countries are able to guarantee this right to healthcare workers, and whether these rights are applicable to end-of-life decisions. Finally, we will explore, whether the laws and the courts of the countries - as well as the case-law of the ECtHR - are willing and capable of distinguishing conscientious objection on religious grounds and on other grounds, and whether such a differentiation can be ruled as a form of discrimination.