It is well known that the provision of health care concerns, by definition, health and physical integrity of persons of concern - and even his own life - but it is also known that dispensation of health care affects other fundamental rights of patients as it does with ideological and religious freedom, suffice it to effect the not infrequent cases where conflicts arise between the personal freedom of patients and the protection of health or life or the right to personal privacy of patients. But it can also affect the dispensation of health care to the fundamental rights of third parties in the case of abortion or, which is the subject of this reflection, the health workers themselves, as in the case of conscientious objection .
reflection arises as a result of Auto issued by the court of Administrative Litigation No. 3 from Malaga city, issued by Judge Oscar Perez, which believes there is "a peripheral involvement" the right of the physician to act according to their conscience, because his work is limited , states, "a task information and referral of women, without being directly involved in the Voluntary Interruption of Pregnancy (IVE)." The physician requested a stay of a decision of the Health Care Management North Manchester, with which it responded to the physician's statement objector. This communication is considered that the right to conscientious objection "only protects professionals who are directly involved in the IVE.
Situations like this continue to be prevalent in the health field, which are problematic from the point of view of ethics and law, and even situations where conflict various fundamental rights of people affected by the physician - patient relationship, as in the case of Malaga, and hence has an important place in their relationship to ethics and regulations for specific regulatory treatment of certain actions, regulatory treatment which remains essential need for regular conscientious objection.
But is that addition, the characteristics of health care activity in which the adoption of appropriate measures are difficult and painful, not only for patients and their families but also for healthcare professionals, make the analysis of matter can be addressed exclusively mere bureaucratic management guidelines, nor simple efficiency or automatic application of law to factual situations that arise for health professionals, but requires that the late Professor Ruiz Jiménez termed as "extra soul" that is, a special attention in terms of "individualization, dignity and humanity in the treatment of patients and their families. "
Indeed, the separation between law and morality poses a major problem is that of obedience to law. Apart from the importance, at present, the importance of force and coercion as the basis of obedience to law, found in modern theories of recognition, for which obedience to the laws lies in the acceptance and conviction the validity of legal norms by the recipients. This would not only of individual recognition or psychological or sociological terms too general to the extent that recognition refers to legal system as a whole, its legal principles rather than specific legal rules But always, face recognition theories can be expressed Hans Welzel's objection, that why should enforce a rule about me because of others to comply?
In this confrontation between obedience and disobedience to the law existing problem now is that neither coercion nor recognition, neither the strength nor the consensus underlying and justifying the duty to obey the law because those points only offer a causal explanation of the validity of the law. Hence the need to overcome these obstacles and to recognize necessary to refer to a further appeal to ethical, hence the need to evoke the problem of legitimacy, popular sovereignty, and the problem of the moral validity of law that ultimately lead to problem of justice deepest sense.
Medical Writing Published in the Tuesday, April 26, 2011. Number 1445. Year VII.
reflection arises as a result of Auto issued by the court of Administrative Litigation No. 3 from Malaga city, issued by Judge Oscar Perez, which believes there is "a peripheral involvement" the right of the physician to act according to their conscience, because his work is limited , states, "a task information and referral of women, without being directly involved in the Voluntary Interruption of Pregnancy (IVE)." The physician requested a stay of a decision of the Health Care Management North Manchester, with which it responded to the physician's statement objector. This communication is considered that the right to conscientious objection "only protects professionals who are directly involved in the IVE.
Situations like this continue to be prevalent in the health field, which are problematic from the point of view of ethics and law, and even situations where conflict various fundamental rights of people affected by the physician - patient relationship, as in the case of Malaga, and hence has an important place in their relationship to ethics and regulations for specific regulatory treatment of certain actions, regulatory treatment which remains essential need for regular conscientious objection.
But is that addition, the characteristics of health care activity in which the adoption of appropriate measures are difficult and painful, not only for patients and their families but also for healthcare professionals, make the analysis of matter can be addressed exclusively mere bureaucratic management guidelines, nor simple efficiency or automatic application of law to factual situations that arise for health professionals, but requires that the late Professor Ruiz Jiménez termed as "extra soul" that is, a special attention in terms of "individualization, dignity and humanity in the treatment of patients and their families. "
Indeed, the separation between law and morality poses a major problem is that of obedience to law. Apart from the importance, at present, the importance of force and coercion as the basis of obedience to law, found in modern theories of recognition, for which obedience to the laws lies in the acceptance and conviction the validity of legal norms by the recipients. This would not only of individual recognition or psychological or sociological terms too general to the extent that recognition refers to legal system as a whole, its legal principles rather than specific legal rules But always, face recognition theories can be expressed Hans Welzel's objection, that why should enforce a rule about me because of others to comply?
In this confrontation between obedience and disobedience to the law existing problem now is that neither coercion nor recognition, neither the strength nor the consensus underlying and justifying the duty to obey the law because those points only offer a causal explanation of the validity of the law. Hence the need to overcome these obstacles and to recognize necessary to refer to a further appeal to ethical, hence the need to evoke the problem of legitimacy, popular sovereignty, and the problem of the moral validity of law that ultimately lead to problem of justice deepest sense.
Medical Writing Published in the Tuesday, April 26, 2011. Number 1445. Year VII.
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