Lisa Correnti Executive Vice President | The Center for Family and Human Rights

A group of United Nations human rights experts has urged governments to address conscientious objection to abortion among medical personnel, including hospitals, doctors, and nurses. The UN working group on discrimination against women and girls released a report stating that governments have an international obligation to ensure all hospitals provide abortions, even religious ones. The report describes institutional conscientious objection as "impermissible" and a "human rights violation."

The report asserts that "states must prevent and reform laws that overextend conscientious objection and that allow sexist and patriarchal personal beliefs to determine the provision of health care." The working group, consisting of five feminist activists and academics, argues that conscience rights apply only to individuals and should be "narrowly defined."

The experts recommend prohibiting institutional conscientious objection to comply with obligations for equal access to health services. This includes ensuring hospitals have staff willing to perform abortions, potentially allowing discrimination against doctors with pro-life religious beliefs.

The report emphasizes the need for governments to "strictly regulate" conscientious objection to guarantee abortion access. It states that individual objections should depend on the state's ability to uphold equality and reproductive health rights within its jurisdiction.

Doctors who object must refer patients promptly to willing providers, even if it conflicts with their conscience. In emergencies, doctors cannot refuse abortions. Nurses and other medical workers are expected to perform abortions as the right of conscientious objection applies only to those directly involved in providing the procedure.

The working group also calls for systems capable of monitoring conscientious objection use and preventing abuse. They insist mothers denied an abortion should be able to sue the government or medical providers since denial is unacceptable under international law.

These strict rules aim to affirm safe legal abortion rights, recognize women's autonomy, and combat barriers from harmful stereotypes. The working group also suggests decriminalizing abortion in all circumstances so doctors are not deterred by fear of prosecution.

However, the claim that abortion is an international right remains disputed as no widely ratified treaty explicitly includes such a right.