ABSTRACT
This chapter looks at familial domain and focuses on healthcare professionals who refuse to carry out particular procedures due to their own deeply held religious beliefs. It also focuses on the conscientious objection provision in the Abortion Act 1967, because it is the principal example of legislative protection given to healthcare professionals to act in accordance with religious belief on an issue of recognised sensitivity. The chapter provides a Gewirthian evaluation of conscientious objection by reference to the Abortion Act’s particular provision. It demonstrates that the limitations, under the Act, are justified and that they balance the rights of healthcare professional with the patient’s right to healthcare/treatment, as protected under the Principle of Generic Consistency. The chapter seeks to establish the fact that English courts give undue attention to semantic interpretation of the Abortion Act 1967 and do not engage comprehensively with human rights arguments when evaluating the right to conscientiously object.
