Conscientious Objection and Freedom of Conscience. Applicable Law on Health in Uruguay
The right to conscientious objection as a fundamental human right recognized by International Law mandatory for Uruguay, acknowledged by the Constitution and subsequently regulated by laws and by the jurisprudence –including recent resolutions by the Administrative Court-, and cases ruled by the Adm...
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| Formato: | article |
| Idioma: | espanhol |
| Publicado em: |
2016
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| Acesso em linha: | https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/1235 https://hdl.handle.net/10895/7183 |
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| Resumo: | The right to conscientious objection as a fundamental human right recognized by International Law mandatory for Uruguay, acknowledged by the Constitution and subsequently regulated by laws and by the jurisprudence –including recent resolutions by the Administrative Court-, and cases ruled by the Administration.Changes recently introduced in the legal protection of conscientious objection and its appearance in different and growing areas –healthcare, both from the professional as from the patient, in the workplace, in education, as exercised by public servants- and the challenges of the present regulation, as well as the ambiguities provoked by the absence of a systematic and integral consideration of the right, which creates uncertainty for the legal operator. The bill on freedom of conscience and institutional autonomy, introducing the writ of hábeas conscientiam.Some conclusive remarks as regards the reception of the right to conscientious objection and the role of jurisprudence as the utmost guarantee of individual and collective rights are proposed. |
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