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Paper Example on Conscience Clause

2021-08-25
2 pages
432 words
Categories: 
University/College: 
Vanderbilt University
Type of paper: 
Essay
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Conscience clause is a set of constitutional clauses; recognized by law and can relieve a person from complying with law on religious grounds. As a legislative provision it authorizes physicians and other healthcare workers not to provide certain medical services on the basis of religion, sexual orientation or conscience ("Conscience clause concern," 2013).

The conscience clause is enacted in some parts of the United States which include; California, South Dakota, Washington, Arkansas, Colorado, Georgia, Idaho, Illinois, Maine, Tennessee, and Mississippi (Zoll, 2015). However, other states have embraced a patchwork of alternative approaches. The conscience clause is applicable to Judys situation to whom the law in some states is designed to except her from carrying out abortion.

The clause is relevant in Arizona and covers claims like the right to give counseling to specific people or on certain topics like abortion and sexual orientation. The procedures used by the state and the court to establish whether or not the professional has a valid reason that can justify the refusal to disseminate information on abortion. Professionals in the healthcare field have the right to personal beliefs and religious values and hence it is logical to have laws that protect their rights as individuals and professionals. The states decision in 2002 permitted the only in medical emergencies a decision whose enactment is crucial to the society (Center for Arizona PolicY, 2018). The laws in Arizona are logical and professional as they protect the rights of patients who seek abortion and those of healthcare providers simultaneously.

The conscience clause has not been covered as the law requires. The moral code in society is corrupted, and the clause has become an invisible practice. In the current times, people are concerned only of their selfish wellbeing. Implementing the clause is challenging because of the advancement in technology. The advancement in technology and permissiveness of the society have provided alternatives in the health sector, which has interfered with the implementation of the clause (Bhagianadh, 2011).

In summary, the conscience clause provides an opportunity to health providers to exercise their rights and respects their beliefs systems and personal value. The clause enables individuals to rethink on the right and wrong as they engage with their conscience.

References

Bhagianadh, D. (2011). Voices of healthcare providers. Indian Journal of Medical Ethics. doi:10.20529/ijme.2011.020

Conscience clause concern. (2013). The Pharmaceutical Journal. doi:10.1211/pj.2013.11120445

Zoll, A. (2015). The conscience clause in medicine does it guarantee or restrict the freedom of conscience of healthcare personnel? Polish Law Review, 1, pp.66-73.

Azpolicypages.com. (2018). Rights of Conscience | The Policy Pages from Center for Arizona Policy. [online] Available at: http://www.azpolicypages.com/religious-liberty/rights-of-conscience/ [Accessed 18 Jan. 2018].

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