Introduction
Our modern world is riddled with ethical debates regarding the legislation of things like freedom of speech, reproductive rights and LGBTQ+ rights, to name a few. Religious convictions and other beliefs inform how many people respond to these subjects of debate, but more than that, strongly held beliefs can dictate how people will act in professional settings. In the medical profession, conscientious objectors are people who wish to be exempt from providing medical services that contradict their beliefs. Whether or not conscientious objectors in medicine have the right to refuse fulfilling the duties of a profession they have voluntarily joined remains an important topic of discussion in contemporary bioethical discourse. In this blog post I will explore Schuklenk and Smalling’s argument that medical professionals should not be able to use their conscience as a pretext for refusing to meet the requirements of their field. I will then analyse a case study to show why I agree with their point.
Background
In order to fully grasp Schuklenk and Smalling’s argument, one must first have a knowledge of what they mean by conscience. They define conscience as “our conviction that we should act in accordance with our individual understanding of what morality demands of us” (192). Thus, the concept of a conscience seems to be closely related to the concept of autonomy. A conscience is a desire to act according individual beliefs and morality, whereas autonomy is the right to act in such a way. Furthermore, Schuklenk and Smalling note that “the rights to freedom of conscience and conscientious objection are argued to be constitutive of liberty and autonomy and to be necessary for the preservation of individual moral integrity” (457). It seems clear, then, that a person’s right to reject certain actions based on their conscience is important, however, Schuklenk and Smalling still contend that conscientious objection should not be permitted in the field of medicine. They make this argument for a number of reasons. First, they hold that there is no real way to determine the validity of conscience-based claims, or the sincerity of conscientious objectors when making these claims. They also argue that when restrictions are placed on the types of exemptions that doctors can receive, the result is that certain treatments may be arbitrarily denied to patients. The possibility of “arbitrary accommodation” for conscientious objectors in the medical profession could “have harmful real-world consequences” (195). Schuklenk and Smalling go on to offer further points for consideration, including how respect for conscience choices could reduce access to healthcare, result in unfair workloads for doctors, and lead to “unfair service delivery” (197). They offer a consequentialist point of view by asserting that permitting conscientious objection in healthcare will not lead to happiness and welfare for the greatest number of people.
Case Study
Vancouver Coastal Health (VHC) has been enforcing a mandatory vaccine policy since 2012. From this point on, all health care workers have been required to “get flu vaccine shots or wear a protective mask at all times […] if they want to keep their jobs” (471). There has been debate about the necessity of such a policy, as the research regarding the efficacy of flu vaccine shots seems to point in different directions (471). If there isn’t conclusive evidence about the the necessity of the vaccine, then shouldn’t healthcare workers be able to object to the mandatory policy? I argue no, for reasons similar to those presented in Schuklenk and Smalling’s article. In order to make my point, however, I will first have to make one critical assumption, which is that although some scientific research “does not prove that having all or a very high percentage of health care workers vaccinated against the flu actually results in fewer infections in patients,” there has been enough substantial research regarding the usefulness of the flu vaccine to cause the VCH to make it mandatory (471). I am working under the assumption that policy makers have reviewed a significant amount of research on the subject, and have thus determined that mandatory vaccination for all health care workers is in fact the best way to mitigate the risk of transmission in healthcare settings. Of course, one of the reasons that a person might become a conscientious objector is because they are skeptical of policy makers, and they do not believe that it is fair to trust the counsel of authorities in their profession. I would refer these people to another point in Schuklenk and Smalling’s article, where they highlight the fact that “choosing to join a profession is a voluntary activity undertaken by an autonomous adult” (212). Choosing to join the medical profession should not preclude you from questioning the decisions of those in leadership positions, however it seems peculiar to me that healthcare workers would refuse to be vaccinated when it is members of their own community who develop, research and advocate for vaccines. I can imagine that there are people with legitimate reasons for denying vaccination, such as an allergy to an ingredient in the vaccine, but for the majority of healthcare workers it seems fair to say that protecting yourself, if only to protect your patients, is a reasonable demand. Forcing vaccination upon everyone for the safety of the general population is a difficult thing to enforce, as we’ve seen with the COVID-19 pandemic, but it is the duty of healthcare workers to ensure the safety of their patients, as per the principle of nonmaleficence, which holds that doctors have a duty not to inflict harm. I would also note that the case study mentions that healthcare workers can wear protective clothing as an alternative to vaccination. With these two options available, I contend that it is reasonable to deny accommodation to healthcare workers who do not wish to be vaccinated for whatever reason.
Works Cited
Fisher, Johnna, et al., editors. Biomedical Ethics: A Canadian Focus. 3rd ed., Oxford University Press, 2018.
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