Academic literature on the topic 'Conscientious Refusal to Treat'

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Journal articles on the topic "Conscientious Refusal to Treat"

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DOUGLAS, THOMAS. "Refusing to Treat Sexual Dysfunction in Sex Offenders." Cambridge Quarterly of Healthcare Ethics 26, no. 1 (December 9, 2016): 143–58. http://dx.doi.org/10.1017/s0963180116000712.

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Abstract:This article examines one kind of conscientious refusal: the refusal of healthcare professionals to treat sexual dysfunction in individuals with a history of sexual offending. According to what I call the orthodoxy, such refusal is invariably impermissible, whereas at least one other kind of conscientious refusal—refusal to offer abortion services—is not. I seek to put pressure on the orthodoxy by (1) motivating the view that either both kinds of conscientious refusal are permissible or neither is, and (2) critiquing two attempts to buttress it.
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Forster, Melanie. "Ethical position of medical practitioners who refuse to treat unvaccinated children." Journal of Medical Ethics 45, no. 8 (June 27, 2019): 552–55. http://dx.doi.org/10.1136/medethics-2019-105379.

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Recent reports in Australia have suggested that some medical practitioners are refusing to treat children who have not been vaccinated, a practice that has been observed in the USA and parts of Europe for some years. This behaviour, if it is indeed occurring in Australia, has not been supported by the Australian Medical Association, although there is broad support for medical practitioners in general having the right to conscientious objection. This paper examines the ethical underpinnings of conscientious objection and whether the right to conscientious objection can be applied to the refusal to treat unvaccinated children. The implications of such a decision will also be discussed, to assess whether refusal to treat unvaccinated children is ethically justifiable. The best interests of both existing and new patients are crucially important in a doctor’s practice, and the tension between these two groups of patients are contemplated in the arguments below. It is argued that on balance, the refusal to treat unvaccinated children constitutes unjustified discrimination.
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Martins-Vale, Madalena, Helena P. Pereira, Sílvia Marina, and Miguel Ricou. "Conscientious Objection and Other Motivations for Refusal to Treat in Hastened Death: A Systematic Review." Healthcare 11, no. 15 (July 26, 2023): 2127. http://dx.doi.org/10.3390/healthcare11152127.

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Background: Conscientious objection (CO) in the context of health care arises when a health care professional (HCP) refuses to participate in a certain procedure because it is not compatible with their ethical or moral principles. Refusal to treat in health care includes, in addition to CO, other factors that may lead the HCP not to want to participate in a certain procedure. Therefore, we can say that CO is a form of refusal of treatment based on conscience. Hastened death has become an increasingly reality around the world, being a procedure in which not all HCPs are willing to participate. There are several factors that can condition the HCPs’ refusal to treat in this scenario. Methods: With the aim of identifying these factors, we performed a systematic review, following the PRISMA guidelines. On 1 October 2022, we searched for relevant articles on Pubmed, Web of Science and Scopus databases. Results: From an initial search of 693 articles, 12 were included in the final analysis. Several motivations that condition refusal to treat were identified, including legal, technical, social, and CO. Three main motivations for CO were also identified, namely religious, moral/secular, and emotional/psychological motivations. Conclusions: We must adopt an understanding approach respecting the position of each HCP, avoiding judgmental and discriminatory positions, although we must ensure also that patients have access to care. The identification of these motivations may permit solutions that, while protecting the HCPS’ position, may also mitigate potential problems concerning patients’ access to this type of procedure.
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Yang, Chelsey. "The inequity of conscientious objection: Refusal of emergency contraception." Nursing Ethics 27, no. 6 (May 13, 2020): 1408–17. http://dx.doi.org/10.1177/0969733020918926.

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In the medical field, conscientious objection is claimed by providers and pharmacists in an attempt to forgo administering select forms of sexual and reproductive healthcare services because they state it goes against their moral integrity. Such claim of conscientious objection may include refusing to administer emergency contraception to an individual with a medical need that is time-sensitive. Conscientious objection is first defined, and then a historical context is provided on the medical field’s involvement with the issue. An explanation of emergency contraception’s physiological effects is provided along with historical context of the use on emergency contraception in terms of United States Law. A comparison is given between the United States and other developed countries in regard to conscientious objection. Once an understanding of conscientious objection and emergency contraception is presented, arguments supporting and contradicting the claim are described. Opinions supporting conscientious objection include the support of moral integrity, religious diversity, and less regulation on government involvement in state law will be offered. Finally, arguments against the effects of conscientious objection with emergency contraception are explained in terms of financial implications and other repercussions for people in lower socioeconomic status groups, especially people of color. Although every clinician has the right and responsibility to treat according to their sense of responsibility or conscience, the ethical consequences of living by one’s conscience are limiting and negatively impact underprivileged groups of people. It is the aim of this article to advocate against the use of provider’s and pharmacist’s right to claim conscientious objection due to the inequitable impact the practice has on people of color and individuals with lower incomes.
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Fiala, Christian, and Joyce H. Arthur. "“Dishonourable disobedience” – Why refusal to treat in reproductive healthcare is not conscientious objection." Woman - Psychosomatic Gynaecology and Obstetrics 1 (December 2014): 12–23. http://dx.doi.org/10.1016/j.woman.2014.03.001.

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Dudzinski, Denise M., and Sarah E. Shannon. "Competent Patients’ Refusal of Nursing Care." Nursing Ethics 13, no. 6 (November 2006): 608–21. http://dx.doi.org/10.1177/0969733006069696.

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Competent patients’ refusals of nursing care do not yet have the legal or ethical standing of refusals of life-sustaining medical therapies such as mechanical ventilation or blood products. The case of a woman who refused turning and incontinence management owing to pain prompted us to examine these situations. We noted several special features: lack of paradigm cases, social taboo around unmanaged incontinence, the distinction between ordinary versus extraordinary care, and the moral distress experienced by nurses. We examined this case on the merits and limitations of five well-known ethical positions: pure autonomy, conscientious objection, paternalism, communitarianism, and feminism. We found each lacking and argue for a ‘negotiated reliance’ response where nurses and others tread as lightly as possible on the patient’s autonomy while negotiating a compromise, but are obligated to match the patient’s sacrifice by extending themselves beyond their usual professional practice.
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MUNTHE, CHRISTIAN, and MORTEN EBBE JUUL NIELSEN. "The Legal Ethical Backbone of Conscientious Refusal." Cambridge Quarterly of Healthcare Ethics 26, no. 1 (December 9, 2016): 59–68. http://dx.doi.org/10.1017/s0963180116000645.

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Abstract:This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.
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Matthews, Richard. "The Moral Asymmetry of Conscientious Provision and Conscientious Refusal: Insights from Oppression and Allyship." IJFAB: International Journal of Feminist Approaches to Bioethics 17, no. 1 (March 1, 2024): 49–72. http://dx.doi.org/10.3138/ijfab-2023-0005.

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Conscientious refusal involves decisions by healthcare workers, on grounds of their conscience, to refuse to provide legal, professionally permissible and safe health interventions to patients. Conscientious provision involves decisions by healthcare workers, also on grounds of conscience, to provide safe and beneficial healthcare to patients that is prohibited by law or policy. Some bioethicists believe that the moral issues governing both are identical, and that if one permits conscientious refusals, one should also permit conscientious provisions. This article argues that this assumption of symmetry is incorrect. To demonstrate this, it does the following: first, it establishes why it matters that we understand the difference between them; second, it describes three recent cases of conscientious provision in Canadian healthcare to help characterize its nature and scope; third, it situates these cases in a socio-economically nuanced analysis of the role of the conscientious provider under conditions or privilege and oppression; finally, it applies insights from the cases and the intersectional analysis to common criticisms of conscientious refusal to reinforce the fundamental asymmetries between conscientious refusal and conscientious provision.
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Cholbi, Michael. "Public cartels, private conscience." Politics, Philosophy & Economics 17, no. 4 (May 30, 2018): 356–77. http://dx.doi.org/10.1177/1470594x18779146.

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Many contributors to debates about professional conscience assume a basic, pre-professional right of conscientious refusal and proceed to address how to ‘balance’ this right against other goods. Here I argue that opponents of a right of conscientious refusal concede too much in assuming such a right, overlooking that the professions in which conscientious refusal is invoked nearly always operate as public cartels, enjoying various economic benefits, including protection from competition, made possible by governments exercising powers of coercion, regulation, and taxation. To acknowledge a right of conscientious refusal is to license professionals to disrespect the profession’s clients, in opposition to liberal ideals of neutrality, and to engage in moral paternalism toward them; to permit them to violate duties of reciprocity they incur by virtue of being members of public cartels; and to compel those clients to provide material support for conceptions of the good they themselves reject. However, so long as (a) a public cartel discharges its obligations to distribute the socially important goods they have are uniquely authorized to provide without undue burden to its clientele, and (b) conscientious refusal has the assent of other members of a profession, individual professionals’ claims of conscience can be accommodated.
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Moore, Claire M. "Objection or Obstacle: Applying Amartya Sen’s Capability Approach to the Conscientious Refusal of Emergency Contraception." IJFAB: International Journal of Feminist Approaches to Bioethics 15, no. 2 (August 1, 2022): 40–50. http://dx.doi.org/10.3138/ijfab.15.2.03.

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The conscientious refusal to dispense emergency contraception (EC) is legally protected in fourteen states. While the ethical dimensions of these objections have been explored within moral and feminist philosophy, conscientious refusal to the over-the-counter sale of EC has not been significantly studied through an egalitarian lens, especially with attention to the existing reproductive healthcare landscape in which these refusals occur. This article argues, through Amartya Sen’s capability approach, that conscientious refusal to EC creates a burdensome inequality for people wishing to prevent pregnancy that manifests within a background of historical injustices, elevating its importance in our weighing of capabilities.
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Dissertations / Theses on the topic "Conscientious Refusal to Treat"

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Jones-Nosacek, Cynthia. "The Harms of the Cleansing of Conscience Objection on the Practice of Medicine." The Ohio State University, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=osu160674338681952.

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Clark-Alexander, Barbara. "Dental hygienists' beliefs, norms, attitudes, and intentions toward treating HIV/AIDS patients." [Tampa, Fla] : University of South Florida, 2008. http://purl.fcla.edu/usf/dc/et/SFE0002428.

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Aceska, Aleksandra. "Should obese patients be denied rehabilitation resources for chronic disabling occupational musculoskeletal disorders?" 2005. http://edissertations.library.swmed.edu/pdf/AceskaA081105/AceskaAleksandra.pdf.

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McIntosh, Bryan, G. Cookson, and S. Jones. "Cancelled surgeries and payment by results in the English National Health Service." 2012. http://hdl.handle.net/10454/6502.

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OBJECTIVES: To model the frequency of 'last minute' cancellations of planned elective procedures in the English NHS with respect to the patient and provider factors that led to these cancellations. METHODS: A dataset of 5,288,604 elective patients spell in the English NHS from January 1st, 2007 to December 31st, 2007 was extracted from the Hospital Episode Statistics. A binary dependent variable indicating whether or not a patient had a Health Resource Group coded as S22--'Planned elective procedure not carried out'--was modeled using a probit regression estimated via maximum likelihood including patient, case and hospital level covariates. RESULTS: Longer waiting times and being admitted on a Monday were associated with a greater rate of cancelled procedures. Male patients, patients from lower socio-economic groups and older patients had higher rates of cancelled procedures. There was significant variation in cancellation rates between hospitals; Foundation Trusts and private facilities had the lowest cancellation rates. CONCLUSIONS: Further research is needed on why Foundation Trusts exhibit lower cancellation rates. Hospitals with relatively high cancellation rates should be encouraged to tackle this problem. Further evidence is needed on whether hospitals are more likely to cancel operations where the procedure tariff is lower than the S22 tariff as this creates a perverse incentive to cancel. Understanding the underlying causes of why male, older and patients from lower socio-economic groups are more likely to have their operations cancelled is important to inform the appropriate policy response. This research suggests that interventions designed to reduce cancellation rates should be targeted to high-cancellation groups.
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Books on the topic "Conscientious Refusal to Treat"

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Conscientious objection in health care: An ethical analysis. Cambridge: Cambridge University Press, 2011.

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Caballero, Rosana Triviño. El peso de la conciencia: La objeción en el ejercicio de las profesiones sanitarias. Madrid [Spain]: CSIC, 2014.

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Conflicts of conscience in health care: An institutional compromise. Cambridge: MIT Press, 2008.

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Schulze, Anke. Tötende Ärzte: Mediziner im Nationalsozialismus : eine soziologische Studie. Peine: Drasch, 2012.

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Association, British Medical, ed. The ethics of caring for older people. 2nd ed. Chichester, West Sussex: BMJ Books, 2009.

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Wicclair, Mark R. Conscientious Objection in Health Care: An Ethical Analysis. Cambridge University Press, 2011.

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Wicclair, Mark R. Conscientious Objection in Health Care: An Ethical Analysis. Cambridge University Press, 2011.

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Wicclair, Mark R. Conscientious Objection in Health Care: An Ethical Analysis. Cambridge University Press, 2011.

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Symons, Xavier. Defence of Conscientious Objection in Healthcare: Why Conscience Matters. Taylor & Francis Group, 2022.

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Symons, Xavier. Defence of Conscientious Objection in Healthcare: Why Conscience Matters. Taylor & Francis Group, 2022.

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Book chapters on the topic "Conscientious Refusal to Treat"

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Lyons, David. "Conscientious refusal." In The Cambridge Rawls Lexicon, 139–40. Cambridge University Press, 2014. http://dx.doi.org/10.1017/cbo9781139026741.044.

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"Civil Disobedience and Conscientious Refusal." In Classic Readings and Cases in the Philosophy of Law, 339–48. Routledge, 2016. http://dx.doi.org/10.4324/9781315509655-29.

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"58. The Justification of Conscientious Refusal." In A Theory of Justice, 331–35. Harvard University Press, 1999. http://dx.doi.org/10.4159/9780674042582-060.

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"56. The Definition of Conscientious Refusal." In A Theory of Justice, 323–26. Harvard University Press, 1999. http://dx.doi.org/10.4159/9780674042582-058.

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Bennette, Rebecca Ayako. "Conscientious Objectors." In Diagnosing Dissent, 101–38. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501751202.003.0005.

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This chapter explores the interconnections between psychiatric medicalization and the dissent of German soldiers during World War I, and it explains how these men took an explicit and decisive stand against the war by refusing to serve. It discusses the psychiatric observation that determines what illness lay at the heart of the soldiers' allegedly incomprehensible refusal to defend Germany. It also identifies the conscientious objectors during World War I who faced examination by doctors who sometimes dismissed them as mentally ill or incompetent. The chapter describes psychiatrists that expressed cognizance of the limits of their own diagnostic abilities in comparison to the wartime medical community. It reviews the medicalization of conscientious objection, which is considered as the most overt form of dissent that appealed to many of the objectors because of the greater room for maneuver against criminalization.
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Present, Colonial Times to the. "Conscientious Objectors and the American State from." In The New Conscientious Objection, 23–46. Oxford University PressNew York, NY, 1993. http://dx.doi.org/10.1093/oso/9780195079548.003.0002.

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Abstract John Whiteclay Chambers II Modem conscientious objection first emerged in America. It did so because of the importance of pacifist religious faiths in the settlement of the British North American colonies and because of the significance of ideas of individualism, freedom of conscience, and religious toleration. Except for some compulsory militia training and occasional temporary drafts in wartime, Americans have mainly had a volunteer military tradition. Whenever American governments have resorted to compulsory military training or service, however, they have also faced dissenters who refused to accept the military obligation that the state sought to impose. Religious pacifists, such as the Quakers, were first known as “nonresisters” (for their refusal to use violent means to resist or defend against violence). In the twentieth century they and others who refused on principled grounds to bear arms were called “conscientious objectors” or COs.
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Mosko, Charles C., and John Whiteclay Chambers II. "The Secularization of Conscience." In The New Conscientious Objection, 3–20. Oxford University PressNew York, NY, 1993. http://dx.doi.org/10.1093/oso/9780195079548.003.0001.

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Abstract If the citizen soldier can be traced back to the origins of the modern Western state, an equally durable social type is the conscientious objector to military service. Conscientious objection is at the core of the individual’s relationship to the state because it challenges what is generally seen as the most basic of civic obligations-— the duty to defend one’s country. At the same time, allowing the right to refuse to bear arms has become a hallmark of the liberal democratic society. Although conscientious objection is a long-standing phenomenon, only in recent times has it become a major factor affecting armed forces and society. What we call the “new conscientious objection” differs from the old in motive, size, and extent. The contemporary refusal to bear arms is likely to be more secular than religious in origin, to be a widespread rather than marginal occurrence, and to include service people in uniform as well as conscription resisters. No general account of civil-military relations in liberal industrialized democracies is complete without a reference to principled resistance to military service.
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Moussa, Hadiza, Alice J. Kang, Barbara M. Cooper, and Natalie Kammerer. "Managing Infertility." In Yearning and Refusal, 52–75. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780197662113.003.0003.

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Abstract This chapter explores the multitude of practices women and families engage in to protect against and counter the problem of infertility. Traditional practices and popular healing techniques, which often have a preventative focus, are of greater significance in this domain than the formal medical services in Niger. Taboos on contact with particular settings, objects, and substances associated with spirits or the jealousy of others protect women and newborns. Muslim specialists are called upon to treat possible infertility through the use of holy water, amulets, and blessings, as well as various natural substances. Healers, both local and regional, may be called upon to perform rituals to call upon spirits for protection or cure. Infertility can be countered socially through polygamy, the fostering of children, divorce and remarriage to a more fertile partner, and adultery.
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Kemerli, Pınar. "Necropolitics, Martyrdom and Muslim Conscientious Objection." In Turkey's Necropolitical Laboratory, 139–59. Edinburgh University Press, 2019. http://dx.doi.org/10.3366/edinburgh/9781474450263.003.0007.

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The war between Turkey and the Kurdish liberation movement has been the site of multiple forms of necropolitical violence, including killing and torture, indiscriminate exposure of the Kurdish population to state violence, and recently, the desecration of the Kurdish dead and prevention of customary burial practices. Military conscription and martyrdom discourses have been complicit in not only justifying this necropolitical violence, but also inspiring enthusiasm to participate in it as a form of national and religious duty. In this chapter, I examine the role played by militaristic invocations of Islamic warfare and martyrdom in the Turkish conscript army in the legitimisation of necropolitical violence from the perspective of those who refuse this necropoliticisation: a group of Muslim Conscientious Objectors (COs) who refuse the draft and peacefully accept the consequences of their criminalised refusal. Disputing the state’s necropoliticisation of theological concepts, Muslim COs marshal dissenting interpretations of Islamic martyrdom through their own readings of the religious texts and other resources derived from Islamic political thought and history. In the hands of Muslim COs, Islamic martyrdom becomes a form of life-affirmation to be achieved through refusing necropolitical violence, thereby suggesting conscientious objection to be a possible venue to resist necropolitics.
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Harris, Lisa. "The Moral Agency of Abortion Providers." In Ethical Issues in Women's Healthcare, edited by Lori d’Agincourt-Canning and Carolyn Ells, 189–208. Oxford University Press, 2019. http://dx.doi.org/10.1093/med/9780190851361.003.0010.

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Until very recently, only negative claims of conscience related to abortion provision were recognized; that is, conscience-based refusal to provide abortion care was recognized but conscience-based provision was not. In fact, to the contrary, abortion providers were and are routinely stigmatized as being devoid of conscience or moral principles. This chapter takes up the moral agency of abortion providers. It deepens understanding of the concept of conscientious provision and considers the intersection of stigma and conscience claims. In addition to stigma, deep social polarization on abortion prevents abortion providers from feeling that they can safely and freely speak about their work. This means that the lived experiences of abortion providers, including their openness to the moral ambiguities and complexities of abortion, remain hidden. Ultimately the chapter suggests that abortion providers’ capacities to live in contested arenas, to see the complexities of abortion, and to hold a “tension of opposites” are a manifestation of deep moral engagement, a potential path out of our current polarized state, and a model for civic engagement on any number of issues.
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Conference papers on the topic "Conscientious Refusal to Treat"

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Sharkey, Neil A., and Andrew H. Hoskins. "A Robotic Dynamic Activity Simulator: Design, Performance and Application." In ASME 2008 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2008. http://dx.doi.org/10.1115/sbc2008-193122.

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The mechanics and physiological processes that produce human locomotion are most commonly measured using non-invasive techniques that limit potential risks to subjects or patients. The complex mechanics of the foot and ankle during dynamic events often cannot be determined from information provided by these techniques and a deeper understanding is necessary to more effectively diagnose and treat pathologic conditions. This has prompted many researchers to turn to alternative techniques, in most cases either numerical simulation employing computational models or physical laboratory models that load or re-animate cadaver limbs procured from conscientious donors.
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