Littérature scientifique sur le sujet « Right to conscientious objection »

Conscientious objection is a means of exercising freedom of belief, conscience and ethical convictions in the face of legal orders that could collide with their principles by excessively invading their autonomy. Although this right corresponds to every person, the health field is one of the most frequent to invoke it, generating bioethical dilemmas at the time of its exercise.

AbstractThis article explores the issue of conscientious objection invoked by health professionals in the reproductive and sexual health care context and its impact on women's ability to access health services. The right to exercise conscientious objection has been recognized by many international and European scholars as being derived from the right to freedom of thought, conscience and religion. It is not, however, an absolute right. When the exercise of conscientious objection conflicts with other human rights and fundamental freedoms, a balance must be struck between the right to conscientious objection and other affected rights such as the right to respect for private life, the right to equality and non-discrimination, and the right to receive and impart information. Particularly in the reproductive health care context, states that allow health professionals to exercise conscientious objection must accommodate this in such a way that its exercise does not compromise women's access to health services. This article analyses the European Court of Human Rights' decision on admissibility in Pichon and Sajous v. France (2001) and argues that a balancing approach should be applied in cases of conscientious objection in the sexual and reproductive health care context.

AbstractThe development of an international status for military conscientious objection received a strong backing by pronouncements from bodies like the Human Rights Committee that the capacity for objection can derive from the international human right to freedom of religion or belief of the International Covenant on Civil and Political Rights. Even with such pronouncements, questions remain in regard to the nature, boundaries and scope of this right. Most importantly, does this pronounced right allow for selective military conscientious objection within the international human rights system? This article will focus on the view that the capacity for military conscientious objection in the international human rights system derives from the right to freedom of religion and conscience. The implication of the international human right of freedom of religion or belief is important for its application to selective conscientious objection. However, even if the Human Rights Committee desires to limit the application of military conscientious objection, a selective objector can arguably still make the case for upholding a claim based on the human right and the manner in which it has been interpreted by the Committee and other international bodies. While on the one hand the focus on the human right to freedom of religion or belief can possibly provide the basis for a selective conscientious objector, it removes the possibility for claims that do not involve a religion or belief. The importance however of freedom of religion or behef should force a reviewing body to properly consider and measure the claim of a selective objector, with a view towards considering whether they are confronted with the manifestation of a belief and whether the state is violating such a seminal human right.

Christopher Cowley 1 has recently put forward three arguments against the legal accommodation of a general practitioner’s conscientious objection (CO) to abortion referrals. i He claims that the adoption of these arguments does not undermine a more general right to CO to involvement in abortion. I argue that Cowley is seriously mistaken. His three arguments, especially the second and third, proceed on a path directed towards the outright rejection of a right to CO in healthcare contexts. A common problem with Cowley’s three arguments is that they overlook the peremptory significance for CO analysis of both the internal, deliberating perspective of those with a CO and the good of moral integrity. This paper supports the view that either there are strong prima facie grounds for holding that a right to CO extends in principle to the issue of referrals or the claim of a general right to CO is easily assailable.

AbstractThe assessment of claims of conscientious objection to military service under freedom of religion or belief provisions has been an evolutive process in international human rights law. In Turkey, the right to conscientious objection to military service is not recognized, nor is there a specific punishment due for non-performance of military service on grounds of religious or philosophical beliefs. Military service is compulsory for every Turkish male citizen. The article in hand aims, firstly, to provide a survey on the status of the right to conscientious objection to military service in international human rights law and to propose a harmonizing interpretation that would allow for the evaluation of cases of conscientious objection under relevant provisions protecting freedom of religion or belief and secondly, to evaluate the Turkish legislation in relation to conscientious objection to military service and highlight human rights issues that arise due to a lack of legal regulation on conscientious objection to military service.

In a recent article for this journal, Morten Magelssen argues that the right to conscientious objection in healthcare is grounded in the moral integrity of healthcare professionals, a good for both professionals and society. In this paper, I argue that there is no right to conscientious objection in healthcare, at least as Magelssen conceives of it. Magelssen’s conception of the right to conscientious objection is too expansive in nature. Although I will assume that there is a right to conscientious objection, it does not extend to objections that are purely religious in nature. i Thus, this right is considerably more restricted than Magelssen thinks. In making my case, I draw on John Rawls’s later work in arguing for the claim that conscientious objection based on purely religious considerations fails to benefit society in the appropriate way.

AbstractIf applied in isolation from the fundamental rights of women seeking abortion services, the right to conscientious objection can render any given rights to abortion illusory, including the rights to health, life, equality and dignity that are attendant to abortion. A transformative understanding of human rights requires that the right to conscientious objection to abortion be construed in a manner that is subject to the correlative duties which are imposed on the conscientious objector, as well as the state, in order to accommodate women's reproductive health rights. In recent years, the Colombian Constitutional Court has been giving a judicial lead on the development of a right to conscientious objection that accommodates women's fundamental rights. This article reflects on one of the court's decisions and draws lessons for the African region.

The issuance of Indonesia’s Law No. 23 of 2019 on the Management of National Resources for State Defense (PSDN Law) sparked a national debate on conscription and conscientious objection. Consequently, a coalition of civic society organizations submitted the PSDN Law before the Constitutional Court for judicial review. They argued that the PSDN Law violates the Indonesian Constitution’s Article 28 on human rights protection. One of the legal submissions is based on the argument that the PSDN Law deliberately ignores human rights in order to provide reserve and backup components to the military. This argument is supported by Article 18 of the International Covenant on Civil and Political Rights (ICCPR) and the ICCPR’s General Comment No. 22 of 1993 paragraph 11, justifying conscientious objection as an inherent human right. The analysis in this paper is mainly uses the legal positivism paradigm and the human rights-based approach. This paradigm provides a framework for analyzing how the PSDN Law generates a distinctive legal feature for Indonesia’s legal system. In line with Article 28 of the Indonesian Constitution, the Constitutional Court should explicitly assess the preservation of civil rights. It may be claimed that conceivable legal gaps (norm versus reality) and legal loopholes add to the Constitutional Court’s obligation to consider the omission of conscientious objection recognition. This article argues the Constitutional Court should adjudicate on the issue of citizens being conscripted as reserve and backup components in situations of military threats, hybrid threats and/or non-military threats. This research further maintains that the Constitutional Court should recognize the existence of conscientious objection as an inherent human right, as a form of judicial activism. In accordance with the doctrine of judicial activism, the Court could resolve and offer solutions to the existence of conscientious objection as a democratic civil right. The Court should also determine the area, scope, application and orientation of conscientious objection as a distinct feature of human rights based on Indonesia’s context and perspective on defense required by international human rights treaties, conventions, or general comments on such instruments.

AbstractThis article asks whether firms should exempt employees when they object to elements of their work that go against their conscience. Fairness requires that we follow the rules of an organization we have joined voluntarily only if these rules express mutual advantage. In corporations, I argue that subordination and exemption provides for mutual advantage better than subordination plus right of exit. This is because agents want to protect their conscientious convictions, even in hierarchical organizations geared towards efficient preference satisfaction. Thus exemptions should be granted in unforeseeable circumstances, provided the costs are limited.

Arguably, existing literature has hitherto offered no socio-legal analysis of conscientious objection in the context of Turkey. Most studies have focused either on the legal or on the sociological aspects of conscientious objection. As such, the impacts of social norms on the legal process remain largely neglected. This research, therefore, offers a socio-legal analysis of conscientious objection, with a particular focus on the domestic law’s compatibility with international standards and the impacts of militarism on society. It takes interviews as a method to explore the cultural tools maintaining the compulsory military service. The findings of the research illustrate that the military’s influence is the product of Turkey’s specific cultural, social, and political structures.

The protection of the emerging right of conscientious objection to military service is one of the most challenging questions in international human rights law. The primary objective of this doctoral thesis is to clearly identify the minimum international legal standards on the phenomenon of conscientious objection to military service as emerging from the jurisprudence of international human rights bodies. Furthermore, this study aims to explore and assess how the Member States of the Council of Europe are effectively implementing these standards within their domestic laws and practice. The implementation of legal standards on conscientious objection in the Council of Europe varies considerably between the 47 Member States of the organisation due to a rapidly transforming sociopolitical landscape that affects the speed in which legislative and procedural amendments take place. Some of the themes explored throughout this thesis include: the legal contours of the right to conscientious objection to military service, including the grounds legally accepted to justify a conscientious objection; procedural guarantees with regard to the application process to be granted conscientious objectors status; the provision of accurate information to members of the public affected by mandatory military service and the extension of these principles to professional members of the armed forces. The thesis is structured as a thematic presentation of applicable international human rights standards and State practice and explores common issues, best practices and future challenges between the Member States of the organisation. The study does not merely aspire to describe the present situation in the Council of Europe, but rather aims to contribute to academic know ledge by proposing the development of a more coherent framework of legal and procedural obligations, based on the need to review and adapt national legislation in accordance to indicators and benchmarks derived from the Council's standard-setting policies.

Aim: The 1996 Choice on Termination of Pregnancy Act decriminalized abortion in South Africa and the South African Medicines Control Council in 2000 approved the dispensing of emergency contraceptive methods by pharmacists to women without a doctor's prescription. This legislation has been hailed as among the most progressive in the world with respect to women's reproductive justice. However the realisation of these rights in practice has not always met expectations in part due to medical practitioners' ethical objections to termination of pregnancy and the provision of related services. The aim of this study was to interpret the varying ways in which medical practitioners frame termination of pregnancy and emergency contraceptive services, their own professional identities and that of their patients/clients. Methods: Sample of 58 doctors and 59 pharmacists drawn from all nine provinces of South Africa. Data collected using an anonymous confidential internet-based self-administered questionnaire. Participants were randomly recruited from online listings of South African doctors and pharmacists practicing in both private and public sectors. Data were analysed using theoretically derived qualitative content analysis. Results: Participants drew on eight frames to justify their willingness or unwillingness to provide termination-of-pregnancy related services: the foetal life frame, the women's rights frame, the balancing frame, the social justice frame, the do no harm frame, the legal and professional obligation frame, the consequences frame and the moral absolutist frame. Conclusion: Health professionals' willingness or unwillingness to provide termination of pregnancy related services is highly dependent on how they frame or understand termination of pregnancy, and how they understand their own professional identities and those of their patients/clients.

This study follows four main guide lines: a reconstruction of the moral idea of conscience and its juridical protection, through the liberty of conscience and the conscientious objection as legal rights; an overview on the relations between conscientious objection, civil disobedience and right of resistance,focusing on the political interpretations of conscientious objection given by Anna Harendt, John Rawls and Joseph Raz; a general theory of the right of conscientious objection, meant to give its structure, logic and limits of application; a detailed analysis of conscientious objection in the Italian juridical context (voluntary interruption of pregnancy, medically assisted procreation and animal experimentation) and a dialectic approach to the new possible requests of objection.

Health conscientious objection in Spain: nature and exerciseConscientious objection is conceived as the infringement of a legal duty, peacefully and morally motivated, which aims to safeguard the own moral integrity against a heteronomous imperative judged as unfair. Generally, there is social agreement concerning some justice principles that generate group-shared laws. However, there can be disagreement among some of the members of the group, which can lead them to decide to break the law. The aim of this paper is to reflect on the social and juridical legitimacy of an individual’s moral obligation to disobey a rule that is incompatible with his or her personal options, in order to assert that faculty and base it on the existence of a conscientious objection right. Also, it seeks to point out the existing difficulties in Spain to exercise the conscientious objection within the healthcare sector.
La objeción de conciencia se concibe como el incumplimiento de un deber jurídico, pacífica y moralmente motivado, que procura salvaguardar la propia integridad moral frente a un imperativo heterónomo que se juzga injusto. En general, existe acuerdo social en torno a unos principios de justicia que generan normas compartidas por el grupo. Sin embargo, pueden existir discrepancias entre algunos de los miembros del mismo, que los lleven a optar por la desobediencia a la norma. En este trabajo se pretende reflexionar acerca de la legitimidad social y jurídica de la obligación moral de un individuo de desobedecer o incumplir una norma jurídica incompatible con sus opciones personales, con el objetivo de afirmar dicha facultad y fundamentarla en la existencia de un derecho a la objeción de conciencia. También se quiere poner de manifiesto las dificultades que encuentra en España el ejercicio de la objeción de conciencia en el contexto sanitario.

Though hailed as one of the most exemplary laws on abortion, the 1996 Choice on Termination of Pregnancy Act of South Africa does not directly address conscientious objection. The consequences of such a gap serve as an obstacle to the efficacy of a liberal abortion law in practice. Where there are no clear laws or guidelines, the environment is conducive for healthcare providers acting within their ‘own’ interpretation of the law. This thesis centres around nurses as the largest single group of health care providers in South Africa. Within this context, it explores the factors that shape how and why nurses exercise conscientious objection to the provision of abortion services. Understanding providers’ practices of power in the exercise of conscientious objection requires attention at the intersection between gender hierarchies and power arrangements. The thesis further examines the conditions and challenges of nurses’ contemporary role in abortion service provision. It focuses on the structural conditions in which abortion - providing nurses perform their abortion services. The research conducted in this thesis provides an original contribution by employing feminist socio-legal methodologies to identify the complex and interwoven legal, political, and socio-cultural contexts. I utilised doctrinal and empirical research methods to draw conclusions of how we think about conscientious objection. Through in-depth interviews with nurses and information gathered from government officials, academics and members of civil society such as women’s rights organizations and litigators, this thesis determines a number on strategies to improve the transformative potential of sexual and reproductive health and rights of women and girls. Keywords: abortion, conscientious objection, South Africa, nurses, African feminism
Thesis (LLD)--University of Pretoria, 2020.
Centre for Human Rights
LLD
Unrestricted

This thesis discusses the politics of conscientious objection in Turkey within a framework of citizenship. In this study citizenship is identified with being political and conceived as a process comprised of acts and practices. According to this conception, while practices reproduce the discourse of citizenship in a given context, acts are the deeds that challenge this discourse. Conscription, within this framework, is defined as a citizenship practice which re/produces the militaristic, nationalistic and gendered content of the Turkish citizenship. Conscientious objection is approached as an act of citizenship that contests and challenges the established citizenship regime in the country. This challenge and contestation is presented through the interviews with the conscientious objectors and activists as well as a review of the already published material by and on them. Conscientious objection challenges the citizenship regime in Turkey on three inter-related grounds: 1. It challenges and exposes the militaristic content of the discourse of citizenship in Turkey. 2. It challenges the political content of &lsquo
Turkishness&rsquo
&ndash
that is the nationalistic content of Turkish citizenship- with particular reference to Kurdish issue
and 3. It challenges the prevailing gender roles and the values of hegemonic masculinity in Turkey.

Despite its ubiquity in debate over the justifiability of civil disobedience and conscientious objection, “conscience” remains an opaque concept. The attempt to define and employ it properly is not a purely academic exercise. The political language and behavior we associate with conscientiousness are empty to the point of being vulnerable to co-option by manifestly non-conscientious, violent, and reactionary movements. My argument is that the ease with which political actors adopt the language of conscience is due, not poor public understanding of the concept of “conscience,” but to the concept itself. In modern philosophical interpretations of conscience, such as that of Martin Luther and John Locke, the conscience is reified as a moral faculty or interior conversation of the individual. This is a departure from classical views of conscientiousness (for instance, Augustine’s), which emphasize the shared, fragile and habitual nature of conscience. Once “conscientiousness” is reified as “conscience,” it becomes difficult to characterize, except in negative terms, as an inner space free from tradition and force. My thesis is that the co-option of the language of conscience stems, in part, from the empty and conflicted characterization of philosophy in modern contract theory. One example of this conflicted characterization of conscience is the abortive project of distinguishing civil disobedience and conscientious objection. In law, politics, and philosophy, it is difficult to offer sound reasons for distinguishing these latter categories, despite frequent attempts to do so. The attempt fails on conceptual as well as practical grounds. I criticize two prominent treatments of civil disobedience and conscientious objection in evidence of this claim (John Rawls and Michael Walzer). When it comes to the language of conscience, modern American culture has committed the philosophic fallacy (John Dewey). We have substituted the clear divisions and images created by conscientious movements for the process that created them. I argue that “conscience” is best seen as a quality of healthy debate between adversaries—debates over problems so fundamental that they will be carried on in extra-legal and even illegal spheres. Conscience is a not a language that just any political actor can speak at will. It is a series of decisions that indicate to a public that we are not political enemies but political adversaries, seeking a political future together (Chantal Mouffe).

AbstractIn this chapter, I will reflect on medical ethics after the Holocaust by focusing on the rights and responsibilities of the physician to uphold bioethical values in society—which must transcend cultural, professional, and institutional mores. Physicians can do so only if: (a) They are called back to the value of the human person and the physician’s primary duty to uphold his or her good. (b) They acknowledge the hierarchical structure of medical education and resist reflexively the temptation to succumb to its moral dictates. (c) They promote a vigorous right of conscientious objection (CO), so that, if the time comes, they can defend their call to heal even against external pressures from the state, scientific establishment, and/or culture. (d) Finally, they remember those who suffered in the Holocaust both to honor them, and to remind physicians of what the power of medicine has done to degrade dignity, and what it has the potential to do to advance the dignity of all human persons.

The contract is the Sharia of the Contracting Party as a rule that does not govern the contract only upon formation, but also upon execution, since the terms of the contract are transformed, after its formation, into a law that imposes itself, and its sanctity cannot be violated. That is, when the contract is valid and enforceable, it must be executed according to what it contains and in accordance with good faith and trust between people, and this is called the principle of binding force of the contract. Whenever the contract is binding on both parties, one of the parties cannot be the only one to rescind or amend it. The mandatory limits of the contract are not limited to what the contracting parties have agreed only, but include all of its requirements in accordance with legislative and customary rules, and what justice requires, and what is imposed by the nature of the full-time obligation of the contract. When executing the contract, the extent of the debtor’s commitment to the contract is measured in the manner in which it is implemented, and his agreement with the requirements of the contract, that is, the closer the method of implementation is with the requirements of the contract, the debtor is considered on the right path in fulfillment, and the more the method of implementation is far from the requirements of the contract, the debtor is considered in breach of his contractual obligations. Since the debtor may deviate from the prescribed path in some cases due to the difficulty of implementing the obligation on the one hand, and the difficulty of harmonizing the circumstances and methods of implementation on the other hand, the law allowed the creditor to object to the debtor’s behavior whenever he saw it as different from the contract based on the binding force of the contract. But this right granted to the creditor is not an absolute right. Rather, it is restricted by his act or statement that revealed to the debtor the safety of his conduct in the implementation of the contract, meaning that despite the recognition of the right to object to the creditor, the creditor may be suspended by what was previously issued by him, i.e. closed The door of objection to it, and this is called the rule of judgment closure that we have chosen as the subject of our study. We deal with it by research and study to show the limits of this rule, and its impact on modifying the binding force of the contract, whether by making mandatory certain clauses in the contract or even creating new clauses, or by stripping a contractual obligation of its binding force.

Attention to safety and health are of ever-increasing priority to industrial organizations. Good Safety is demanded by stockholders, employees, and the community while increasing injury costs provide additional motivation for safety and health excellence. Safety has always been a strong corporate value of DuPont and a vital part of its culture. As a result, DuPont has become a benchmark in safety and health performance. Since 1990, DuPont has re-engineered itself to meet global competition and address future vision. In the new re-engineered organizational structures, DuPont has also had to re-engineer its safety management systems. A special Discovery Team was chartered by DuPont senior management to determine the “best practices’ for safety and health being used in DuPont best-performing sites. A summary of the findings is presented, and five of the practices are discussed. Excellence in safety and health management is more important today than ever. Public awareness, federal and state regulations, and enlightened management have resulted in a widespread conviction that all employees have the right to work in an environment that will not adversely affect their safety and health. In DuPont, we believe that excellence in safety and health is necessary to achieve global competitiveness, maintain employee loyalty, and be an accepted member of the communities in which we make, handle, use, and transport products. Safety can also be the “catalyst” to achieving excellence in other important business parameters. The organizational and communication skills developed by management, individuals, and teams in safety can be directly applied to other company initiatives. As we look into the 21st Century, we must also recognize that new organizational structures (flatter with empowered teams) will require new safety management techniques and systems in order to maintain continuous improvement in safety performance. Injury costs, which have risen dramatically in the past twenty years, provide another incentive for safety and health excellence. Shown in the Figure 1, injury costs have increased even after correcting for inflation. Many companies have found these costs to be an “invisible drain” on earnings and profitability. In some organizations, significant initiatives have been launched to better manage the workers’ compensation systems. We have found that the ultimate solution is to prevent injuries and incidents before they occur. A globally-respected company, DuPont is regarded as a well-managed, extremely ethical firm that is the benchmark in industrial safety performance. Like many other companies, DuPont has re-engineered itself and downsized its operations since 1985. Through these changes, we have maintained dedication to our principles and developed new techniques to manage in these organizational environments. As a diversified company, our operations involve chemical process facilities, production line operations, field activities, and sales and distribution of materials. Our customer base is almost entirely industrial and yet we still maintain a high level of consumer awareness and positive perception. The DuPont concern for safety dates back to the early 1800s and the first days of the company. In 1802 E.I. DuPont, a Frenchman, began manufacturing quality grade explosives to fill America’s growing need to build roads, clear fields, increase mining output, and protect its recently won independence. Because explosives production is such a hazardous industry, DuPont recognized and accepted the need for an effective safety effort. The building walls of the first powder mill near Wilmington, Delaware, were built three stones thick on three sides. The back remained open to the Brandywine River to direct any explosive forces away from other buildings and employees. To set the safety example, DuPont also built his home and the homes of his managers next to the powder yard. An effective safety program was a necessity. It represented the first defense against instant corporate liquidation. Safety needs more than a well-designed plant, however. In 1811, work rules were posted in the mill to guide employee work habits. Though not nearly as sophisticated as the safety standards of today, they did introduce an important basic concept — that safety must be a line management responsibility. Later, DuPont introduced an employee health program and hired a company doctor. An early step taken in 1912 was the keeping of safety statistics, approximately 60 years before the federal requirement to do so. We had a visible measure of our safety performance and were determined that we were going to improve it. When the nation entered World War I, the DuPont Company supplied 40 percent of the explosives used by the Allied Forces, more than 1.5 billion pounds. To accomplish this task, over 30,000 new employees were hired and trained to build and operate many plants. Among these facilities was the largest smokeless powder plant the world had ever seen. The new plant was producing granulated powder in a record 116 days after ground breaking. The trends on the safety performance chart reflect the problems that a large new work force can pose until the employees fully accept the company’s safety philosophy. The first arrow reflects the World War I scale-up, and the second arrow represents rapid diversification into new businesses during the 1920s. These instances of significant deterioration in safety performance reinforced DuPont’s commitment to reduce the unsafe acts that were causing 96 percent of our injuries. Only 4 percent of injuries result from unsafe conditions or equipment — the remainder result from the unsafe acts of people. This is an important concept if we are to focus our attention on reducing injuries and incidents within the work environment. World War II brought on a similar set of demands. The story was similar to World War I but the numbers were even more astonishing: one billion dollars in capital expenditures, 54 new plants, 75,000 additional employees, and 4.5 billion pounds of explosives produced — 20 percent of the volume used by the Allied Forces. Yet, the performance during the war years showed no significant deviation from the pre-war years. In 1941, the DuPont Company was 10 times safer than all industry and 9 times safer than the Chemical Industry. Management and the line organization were finally working as they should to control the real causes of injuries. Today, DuPont is about 50 times safer than US industrial safety performance averages. Comparing performance to other industries, it is interesting to note that seemingly “hazard-free” industries seem to have extraordinarily high injury rates. This is because, as DuPont has found out, performance is a function of injury prevention and safety management systems, not hazard exposure. Our success in safety results from a sound safety management philosophy. Each of the 125 DuPont facilities is responsible for its own safety program, progress, and performance. However, management at each of these facilities approaches safety from the same fundamental and sound philosophy. This philosophy can be expressed in eleven straightforward principles. The first principle is that all injuries can be prevented. That statement may seem a bit optimistic. In fact, we believe that this is a realistic goal and not just a theoretical objective. Our safety performance proves that the objective is achievable. We have plants with over 2,000 employees that have operated for over 10 years without a lost time injury. As injuries and incidents are investigated, we can always identify actions that could have prevented that incident. If we manage safety in a proactive — rather than reactive — manner, we will eliminate injuries by reducing the acts and conditions that cause them. The second principle is that management, which includes all levels through first-line supervisors, is responsible and accountable for preventing injuries. Only when senior management exerts sustained and consistent leadership in establishing safety goals, demanding accountability for safety performance and providing the necessary resources, can a safety program be effective in an industrial environment. The third principle states that, while recognizing management responsibility, it takes the combined energy of the entire organization to reach sustained, continuous improvement in safety and health performance. Creating an environment in which employees feel ownership for the safety effort and make significant contributions is an essential task for management, and one that needs deliberate and ongoing attention. The fourth principle is a corollary to the first principle that all injuries are preventable. It holds that all operating exposures that may result in injuries or illnesses can be controlled. No matter what the exposure, an effective safeguard can be provided. It is preferable, of course, to eliminate sources of danger, but when this is not reasonable or practical, supervision must specify measures such as special training, safety devices, and protective clothing. Our fifth safety principle states that safety is a condition of employment. Conscientious assumption of safety responsibility is required from all employees from their first day on the job. Each employee must be convinced that he or she has a responsibility for working safely. The sixth safety principle: Employees must be trained to work safely. We have found that an awareness for safety does not come naturally and that people have to be trained to work safely. With effective training programs to teach, motivate, and sustain safety knowledge, all injuries and illnesses can be eliminated. Our seventh principle holds that management must audit performance on the workplace to assess safety program success. Comprehensive inspections of both facilities and programs not only confirm their effectiveness in achieving the desired performance, but also detect specific problems and help to identify weaknesses in the safety effort. The Company’s eighth principle states that all deficiencies must be corrected promptly. Without prompt action, risk of injuries will increase and, even more important, the credibility of management’s safety efforts will suffer. Our ninth principle is a statement that off-the-job safety is an important part of the overall safety effort. We do not expect nor want employees to “turn safety on” as they come to work and “turn it off” when they go home. The company safety culture truly becomes of the individual employee’s way of thinking. The tenth principle recognizes that it’s good business to prevent injuries. Injuries cost money. However, hidden or indirect costs usually exceed the direct cost. Our last principle is the most important. Safety must be integrated as core business and personal value. There are two reasons for this. First, we’ve learned from almost 200 years of experience that 96 percent of safety incidents are directly caused by the action of people, not by faulty equipment or inadequate safety standards. But conversely, it is our people who provide the solutions to our safety problems. They are the one essential ingredient in the recipe for a safe workplace. Intelligent, trained, and motivated employees are any company’s greatest resource. Our success in safety depends upon the men and women in our plants following procedures, participating actively in training, and identifying and alerting each other and management to potential hazards. By demonstrating a real concern for each employee, management helps establish a mutual respect, and the foundation is laid for a solid safety program. This, of course, is also the foundation for good employee relations. An important lesson learned in DuPont is that the majority of injuries are caused by unsafe acts and at-risk behaviors rather than unsafe equipment or conditions. In fact, in several DuPont studies it was estimated that 96 percent of injuries are caused by unsafe acts. This was particularly revealing when considering safety audits — if audits were only focused on conditions, at best we could only prevent four percent of our injuries. By establishing management systems for safety auditing that focus on people, including audit training, techniques, and plans, all incidents are preventable. Of course, employee contribution and involvement in auditing leads to sustainability through stakeholdership in the system. Management safety audits help to make manage the “behavioral balance.” Every job and task performed at a site can do be done at-risk or safely. The essence of a good safety system ensures that safe behavior is the accepted norm amongst employees, and that it is the expected and respected way of doing things. Shifting employees norms contributes mightily to changing culture. The management safety audit provides a way to quantify these norms. DuPont safety performance has continued to improve since we began keeping records in 1911 until about 1990. In the 1990–1994 time frame, performance deteriorated as shown in the chart that follows: This increase in injuries caused great concern to senior DuPont management as well as employees. It occurred while the corporation was undergoing changes in organization. In order to sustain our technological, competitive, and business leadership positions, DuPont began re-engineering itself beginning in about 1990. New streamlined organizational structures and collaborative work processes eliminated many positions and levels of management and supervision. The total employment of the company was reduced about 25 percent during these four years. In our traditional hierarchical organization structures, every level of supervision and management knew exactly what they were expected to do with safety, and all had important roles. As many of these levels were eliminated, new systems needed to be identified for these new organizations. In early 1995, Edgar S. Woolard, DuPont Chairman, chartered a Corporate Discovery Team to look for processes that will put DuPont on a consistent path toward a goal of zero injuries and occupational illnesses. The cross-functional team used a mode of “discovery through learning” from as many DuPont employees and sites around the world. The Discovery Team fostered the rapid sharing and leveraging of “best practices” and innovative approaches being pursued at DuPont’s plants, field sites, laboratories, and office locations. In short, the team examined the company’s current state, described the future state, identified barriers between the two, and recommended key ways to overcome these barriers. After reporting back to executive management in April, 1995, the Discovery Team was realigned to help organizations implement their recommendations. The Discovery Team reconfirmed key values in DuPont — in short, that all injuries, incidents, and occupational illnesses are preventable and that safety is a source of competitive advantage. As such, the steps taken to improve safety performance also improve overall competitiveness. Senior management made this belief clear: “We will strengthen our business by making safety excellence an integral part of all business activities.” One of the key findings of the Discovery Team was the identification of the best practices used within the company, which are listed below: ▪ Felt Leadership – Management Commitment ▪ Business Integration ▪ Responsibility and Accountability ▪ Individual/Team Involvement and Influence ▪ Contractor Safety ▪ Metrics and Measurements ▪ Communications ▪ Rewards and Recognition ▪ Caring Interdependent Culture; Team-Based Work Process and Systems ▪ Performance Standards and Operating Discipline ▪ Training/Capability ▪ Technology ▪ Safety and Health Resources ▪ Management and Team Audits ▪ Deviation Investigation ▪ Risk Management and Emergency Response ▪ Process Safety ▪ Off-the-Job Safety and Health Education Attention to each of these best practices is essential to achieve sustained improvements in safety and health. The Discovery Implementation in conjunction with DuPont Safety and Environmental Management Services has developed a Safety Self-Assessment around these systems. In this presentation, we will discuss a few of these practices and learn what they mean. Paper published with permission.