KLAUZULA SUMIENIA – UWAGI DE LEGE LATA I DE LEGE FERENDA
CONSCIENCE CLAUSE – DE LEGE FERENDA AND DE LEGE LATA REMARKS

Summary/Abstract: A considerable progress in scientific researches leads to many ethical and legal problems. New medical procedures may cause conflicts between physicians and patients, when a patient wants a doctor to carry out a medical activity that is against doctor’s moral convictions, for instance, it may concern contraception, termination of pregnancy, in-vitro fertilization. This phenomenon is a justification of legal construction called “conscience clause”. A conscience clause is a statutory provision that permits physicians to refuse to provide medical procedures on the basis of religious or moral beliefs. It protects the autonomy and religious freedom of health care providers. Knowledge about this legal concept is significant for both doctors and patients; that is why it is good to know how the Polish law regulates the right to refuse to provide medical procedures. The article also comments on the amendments included in a draft law introducing legal protection of embryos and regulations on in-vitro fertilisation.

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