Conscientious objection
This information was updated April 2008. For further information, please contact advice@nmc-uk.org
Whilst there is no statutory definition of conscientious objection and the law does not give an interpretation of 'participation in treatment', in law nurses and midwives do have the right to conscientiously object to take part in the following two areas of care only. These are
- The Abortion Act 1967 (Scotland, England and Wales) which gives registrants the right to refuse to have direct involvement in abortion procedures
- The Human Fertilisation and Embryology Act 1990 which gives registrants the right to refuse to participate in technological procedures to achieve conception and pregnancy
Nurses and midwives who do conscientiously object under the above two Acts are reminded that they are accountable for whatever decision they make and could be called upon to justify their objection within the law.
Article 4(2) of the Abortion Act 1967 and Article 38(2) of the Human Fertilisation and Embryology Act 1990 state that:
- "In any legal proceedings the burden of proof of conscientious objection shall rest on the person claiming to rely on it."
In Scotland, however, the burden of proof does not rest with the objector if he or she swears an oath before a court of law explaining that he/she has an objection.
The NMC standard relating to conscientious objection is contained within the code. This states:
"You must inform someone in authority if you experience problems that prevent you working within this code or other nationally agreed standards."
Nurses and midwives do not have the right to refuse to take part in emergency treatment. In any emergency, they would be expected to provide care. The code explicitly states:
“You must be able to demonstrate that you have acted in someone’s best interests if you have provided care in an emergency”
Nurses and midwives should give careful consideration when deciding whether or not to accept employment in an area that carries out treatment or procedures to which they object. If they raise a conscientious objection to being involved in certain aspects of care or treatment they must do so at the earliest possible time, in order for managers to arrange alternative arrangements. In certain circumstances, this may mean providing counselling for the staff involved in these decisions.
Refusing to be involved in the care of patients because of their condition or behaviour is unacceptable. The NMC expects all nurses and midwives to be non-judgmental when providing care.
The code is specific on this point. It states
"
You must treat people as individuals and respect their dignity
You must not discriminate against those in your care
You must treat people kindly and considerately
You must act as an advocate for those in your care, helping them to access relevant health and social care, information and support."
Further information
Advice on accountability
Advice on duty of care
The code: Standards of conduct, performance and ethics for nurses and midwives (2008)