Freedom of conscience, medical practitioners and abortion in South Africa Shaun A de Freitas1

Authors

  • Shaun A. de Freitas

Keywords:

freedom of religion, religious rights, conscientious objection, reasonable accommodation, medical ethics, abortion

Abstract

While the South African Constitution, along with most modern standards of human rights, recognises the right to freedom of conscience, there is in reality a concern that medical practitioners in South Africa who strongly believe in the sanctity of the unborn, might be pressurised to act against their beliefs (the same probably applies in many other societies perceived as being democratic and pluralist). Consequently, this article argues for the protection of the medical practitioner’s right to conscientious objection to participating in abortions. In this regard, special emphasis is placed on the complexity and gravity of views on the nature of the unborn. This argument, together with some critical thought on the place and nature of religion in a pluralist and democratic society, serves as a strong motivation for the accommodation of those medical practitioners who strongly believe in the unborn as being human (or at least as something worthy of protection).

Author Biography

Shaun A. de Freitas

Shaun A. de Freitas is an Associate Professor and Departmental Chairperson at the Department of Constitutional Law & Philosophy of Law, Faculty of Law, PO Box 339, University of the Free State, Bloemfontein, 9300, South Africa. The author specialises in religious rights and freedoms from especially a jurisprudential point of view. The author would like to thank Mr Jared Mollenkof for his research assistance on earlier drafts. The author would also like to thank Profs J. L. Pretorius and C. G. Ngwena for their comments on earlier drafts. Needless to say, the author remains responsible for the content.

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Published

2023-01-18