The work carried out by all health professionals is fundamental in any society but it is also fraught with risks. The clearest example can be seen in the growing number of health professionals who have been infected with Covid-19 within the office. Although there are also much older issues in which morality is involved. For this type of case, conscientious objection is an alternative in which a service can be denied to a patient if it violates the doctor’s ethical, religious or other beliefs.
This issue has resurfaced due to the recent decision of the Supreme Court of Justice of the Nation (SCJN) to declare the criminalization of abortion unconstitutional. At the moment only in some states such as Mexico City, Oaxaca, Veracruz and Sinaloa regulation has been achieved. Although now it is expected that in the medium term it will be possible to do so throughout the national territory.
Can doctors refuse to perform a service?
Although now a new discussion is generated because it opens the possibility for pregnant women to request an abortion at any health institution. On the one hand, it is favorable because the measure aims to end clandestine clinics that put women’s health at risk. While at the opposite extreme now the biggest question is whether doctors will be obliged to terminate the pregnancy even if they do not want to.
It is a sensitive issue and that is why today it was discussed by the ministers of the Supreme Court of Justice of the Nation (SCJN). In the end, the conclusion was reached to endorse the right to conscientious objection on the part of doctors.
One of the most important points that were pointed out is that the right to abortion belongs to the State and not to health workers.
Similarly, it was mentioned that conscientious objection establishes that health personnel can refuse to perform procedures, including the legal interruption of pregnancy, unless it is a medical emergency or the person’s life is at risk.
For their part, the ministers indicated that now it is necessary to reform article 10 Bis of the General Health Law because there are legal loopholes. What was warned is that it is necessary to specify the requirements and scope of conscientious objection or else pregnant women would be left vulnerable.
While the issue did not advance to the final vote because the minister president adjourned the session. In this way, it will be next September 20 when activities are resumed to issue a final position.