The regulation of conscientious objection in the laws decriminalising abortion in Argentina and Uruguay

Abstract

The aim of this paper is to analyse the legislative treatment of conscientious objection contained in the laws decriminalising abortion in Argentina and Uruguay, by a comparative study of some of its most relevant aspects.

It contains a critical position about the restrictive vision these laws have of right of medical staff to refuse participation in abortion for personal belief, including a regulatory decree enacted by the Uruguayan Executive Power which was highly impacted by the TCA´s decision number 585 from 2015 and as its force was put in doubt.

Notwithstanding the reference to the appreciations which arise from the current regulations of both countries, it tries to give a natural law perspective of the right to conscientious and ideology objection. According to this position, it concludes that the restrictions some legal or regulatory requirements try to impose, might be hampered by supremacy of the protection of the effectiveness of the fundamental human right that, when put in practice, reflects an essential characteristic of this law which is its no mandatory compliance, and consequently, the objector won´t comply.