Considerations regarding the interpretation of art. 9 of Law 194/78 on the conscientious objection to voluntary abortion.

Abstract

This article deals with the delicate question of conscientious objection regarding voluntary abortion and analyzes the case, which occurred on 5th August 1997 in Italy, of a cardiologist who refused to refer reports on the electrocardiograms of patients who were about to undergo a voluntary abortion, because he objected to the law.

Art. 9 of the Law 194/78 allows the medical staff to raise conscientious objections regarding all the procedures that are “specifically and necessarily directed towards abortion”, with the obligation, however, to assist in the phases “before and after the operation”. In a careful and detailed teleological, systematic and literal examination of the above mentioned law, the Author reaches the conclusion that the cardiologist in question had every right to refuse the cardiology visits, the electrocardiogram examinations and the relative reports aimed at the performance of voluntary abortion.