Promene u shvatanju klauzule savesti kod pružanja zdravstvenih usluga

Mujović Zornić, Hajrija (2014) Promene u shvatanju klauzule savesti kod pružanja zdravstvenih usluga. Pravni život, 63 (9). pp. 277-292. ISSN 0350-0500

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Abstract

Nowadays the legal concept of conscientious objection clause or become very sensitive and related to the context in which a face at her call. The conscience clause may be understood as a legal provision exempting an individual from a legal duty that contradicts his moral convictions. The legal enshrinement of the conscience clause implies that the moral concept of conscience wins a legal dimension and becomes a legal term that has to be referred to in the evaluation of conformity of human behaviours with legal rules. In this way the reference to conscience is an instrument that enables the legislator to adjust the legal system to the various moral convictions of the individuals. The conscience clause may function in different legal contexts. For some theorists and representatives of ethical understanding it becomes inevitable expansion of freedoms and rights if seen from the perspective of the person who makes a complaint. On the other hand, there is a danger that the expansion of the application of this clause becomes a constraint for the fundamental rights of individuals who highlight that clause directly affects. This situation often occurs in the context of carrying out medical activities, and highlight the clause by doctors, nurses and other health workers. Does the professional work should be objective, devoid of any subjective beliefs? All recent studies of these issues goes in the direction of balanced approach that seeks to take account of the interests and rights of all parties. Only under these conditions, in relation to different treatment procedures, the use clause of conscience becomes permissible.

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