THE RIGHT OF MEDICAL PROFESSIONALS TO EXERCISE CONSCIENTIOUS OBJECTION TO ABORTION: THE CASE OF THEREPUBLIC OF CROATIA

Abstract

The Croatian Act on Health Measures for Exercising the Right to Free Decision-Making
on Childbirth, in force since 1978, allows termination of pregnancy at the request of the
pregnant woman until the end of the tenth week from conception. This regulation, adopted
while the Republic of Croatia was part of the former Socialist Federal Republic of Yugoslavia,
was found by the Constitutional Court of Croatia, in its ruling of 21 February 2017, to require
alignment with the Croatian legal and institutional framework established after independence.
For these reasons, the Constitutional Court gave the Croatian Parliament a two-year
deadline to adopt a new abortion law, which was not complied with. In its ruling, the
Constitutional Court emphasised that the legislator has broad authority in regulating abortion,
including with regard to the issue that will be the focus of this paper: the regulation of
physicians’ conscientious objection to performing abortions.
This paper will examine whether it is desirable for conscientious objection by medical
professionals to be included in the new Croatian Abortion Act and, if so, how this institution
should be regulated in order to avoid the problems that may arise for patients when a large
number of physicians invoke it. The paper is based on the assumption that theoretical studies
of conscientious objection in medicine can inform Croatian legislative efforts. The paper is
structured as follows. First, it will conceptually elaborate on the notion of conscientious
objection, which is intended to protect the “deeply held beliefs” and moral integrity of
physicians. Secondly, the paper will seek to determine the limits of exercising this right,
particularly when it conflicts with women’s reproductive rights. A critical overview of the
arguments for and against conscientious objection in this medical procedure will be provided.