‘Flawed’ conscientious objection must be rejected by parliament, NGOs say

Parliament must reject a proposed conscientious objection clause in the Equality Bill to ensure the “necessary safeguards” to protect both doctors and patients, 11 NGOs have said.

Led by Doctors for Choice, the group said conscientious objection only referred to a professional who refuses to provide accepted best-practice treatment on the basis of their own morals.  

The NGOs want the Malta Medical Council (MCC) to ensure that amendments to the Equality Bill on conscientious objection have the “necessary safeguards” that protect both doctors and patients. “For example, a doctor refusing to prescribe antibiotics in cases of viral infection would not be conscientiously objecting, but rather, following best practice,” the group said.

But conscientious objection due to a doctor’s personal belief should not take away from good medical practice or worse, end up harming the patient. “Treatment provided should also follow the latest best-evidence practice. The MMC’s proposal is far removed from this ideal, eschewing the patient’s right to timely access to healthcare. Clear safeguards are needed to balance the rights of doctors with those of patients,” they said.

The doctors said conscientious objection should be limited to the procedure itself, where the professional remains obligated to provide care leading to the procedure and after the procedure.

“The MMC’s amendment astonishingly tries to do away with the conscientious objector’s duty to refer to another professional who is able to provide the required treatment,” they said.

The NGOs said that the proposal simply states that a list of doctors who carry out the necessary treatment be made available while omitting duty to refer places.

“This is an unnecessary and potentially dangerous burden on patients by shifting the responsibility of finding a suitable doctor onto them,” they said.

Moreover, they said such a publicly available list of doctors could lead to unwarranted attention and harassment of individual doctors by activists.

“Rules and policies around conscientious objection should clearly state the important duties of doctors to always safeguard patients, whether they personally agree with the treatment or not,” they said.

Endorsed by aditus Foundation, Allied Rainbow Communities, Cross Culture International Foundation, Integra Foundation, LGBTI+ Gozo, MGRM (Malta LGBTIQ Rights Movement), Malta Humanist Association, Men Against Violence, Moviment Graffitti, Women's Rights Foundation.