Resumo

MARCO BACH, Francisco Javier. Some problems of conscientious objection. Med. ética [online]. 2022, vol.33, n.3, pp.771-835.  Epub 31-Jul-2023. ISSN 2594-2166.  https://doi.org/10.36105/mye.2022v33n3.04.

Seven problems are raised about conscientious objection (CO): 1) How to manage the diversity of ethical convictions, with laws that require acts against personal moral convictions. 2) How to accommodate the right to disobedience to a law by the CO, with the obligation to obey the law. 3) What is the better way to consider CO, as a fundamental right or an exception tolerated by the legal system. 4) Some consider that the massive use of the CO is a collective strategy to oppose controversial laws, producing a boycott of the law and the State. 5) There is a possibility of fraud when appealing the CO, having to determine if it has a true substrate. 6) How to reconcile the freedom of conscience of health professionals with the rights of patients. 7) It is necessary to determine when and how the CO should be manifested. To facilitate its discussion, a brief historical evolution of the CO, its definition, its characteristics, and the foundations that support it, will be previously described.

Palavras-chave : freedom of conscience and religion; fundamentals and characteristics of conscientious objection; ethical principles; human rights; moral integrity.