Ancell Aaron, Sinnott-Armstrong Walter
Camb Q Healthc Ethics. 2017 Jan;26(1):120-131. doi: 10.1017/S0963180116000694.
Paradigmatic cases of conscientious objection in medicine are those in which a physician refuses to provide a medical service or good because doing so would conflict with that physician's personal moral or religious beliefs. Should such refusals be allowed in medicine? We argue that (1) many conscientious objections to providing certain services must be allowed because they fall within the range of freedom that physicians have to determine which services to offer in their practices; (2) at least some conscientious objections to serving particular groups of patients should be allowed because they are not invidiously discriminatory; and (3) even in cases of invidiously discriminatory conscientious objections, legally prohibiting individual physicians from refusing to serve patients on the basis of such objections is not always the best solution.
医学中出于良心拒服兵役的典型案例是指医生拒绝提供医疗服务或物品,因为这样做会与该医生的个人道德或宗教信仰相冲突。在医学中应允许这种拒绝吗?我们认为:(1)许多对提供某些服务的出于良心的反对必须被允许,因为它们属于医生在其执业中决定提供哪些服务的自由范围内;(2)至少一些对为特定患者群体服务的出于良心的反对应该被允许,因为它们并非恶意歧视;(3)即使在恶意歧视的出于良心的反对的情况下,从法律上禁止个别医生基于此类反对而拒绝为患者服务并不总是最佳解决方案。