Striking a Balance: Conscientious Objection and Reproductive Health Care from the Sri Lankan perspective

Abstract

Immorality has always been a feature of abortion, and it frequently calls into question the morality of the procedure itself. Taking one's life is regarded as a sin and a demonstration of immorality by major religions around the globe, such as Buddhism, Christianity, Islam, and others, and has religious implications. In comparison to other nations with more liberal attitudes to abortion, Sri Lanka's present legislative framework is considered a stringent criminalization of abortion. Sections 303 through 307 of Penal Code No.02 of 1883 make abortion illegal. This antiquated legislation only allows abortion to save a woman's life if her life is in jeopardy. Conscientious Objection to abortion has been increasingly problematic throughout the world since Europe's abortion laws were liberalized. As a political compromise or a utilitarian requirement, several of these legislation included clauses allowing medical practitioners and other healthcare workers to refuse to perform abortions based on conscience. The conscientiousness of pharmacists, midwives, nurses, and Medical Practitioner in the execution of abortion according to their particular religious views in the Sri Lankan setting is scrutinized in this study using English Law and case law of several European jurisdictions as reference. The primary objective of the study is to explore the significance of Conscientious Objection reserved for Healthcare Professionals which is a possible legal challenge that could arise in liberalizing the abortion law in Sri Lanka. The findings of the study depict that it is feasible to accommodate those who are opposed to abortion while ensuring that women have access to legal health care.