Doc REDAAS N°13 - Unexpected uses of and responses to conscientious objection to legal abortion (Ramón Michel y Ariza Navarrete)
Unexpected uses of and responses to conscientious objection to legal abortion
Doc REDAAS N° 13
Authors: Agustina Ramón Michel y Sonia Ariza Navarrete
Date: January 2021
Conscientious objection (CO) is an exceptional legal figure. It is that, as a general principle, the legal system demands and aspires to the obedience of the norms by all the obligated persons. The OC is this curious case where the State allows a person to exempt himself from a legal obligation, due to his moral convictions, as long as he complies with the requirements, established procedures and does not harm the rights of third parties. It emerged as a way to protect religious or cultural minorities, usually ignored by the provisions of the law. Thus, today there is a huge dissonance between what is envisaged by the texts and the practice: the version of CO as a reflective, sincere and humble act of a person who is part of a minority has yielded to other much more problematic and much less ethical.