Avsaknaden av samvetsfrihet inom den svenska hälso- och sjukvården : Hur Sverige valt att frångå Europakonventionen

Sammanfattning: The proponents for conscience wants to get a clause that will allow the health professionals to due. scruples waive certain duties. Swedens decision makers has despite pressure from the Christian De-mocrats and the Sweden Democrats decided not to implement freedom of conscience in health care. The purpose of this paper is to investigate whether Sweden has the obligation to provide for freedom of conscience in health care. Furthermore, it must be examined, whose rights according to the law will go first, health professionals right to freedom of conscience or the patient right to equal treat-ment. What reasons did Sweden assigned to why the conscience of health and medical care not are introduced? If conscience would be introduced in health care, witch impact would it bring for the patient safety and the employer's supervision right? To answer these questions, I have used the right-dogmatic, rightsociological method and document analysis. Sweden has no obligations to the Council of Europe or the UN to impose conscience in health care. That because the statutes says that the right to freedom of conscience may be restricted in the benefit of health and other persons rights and freedoms. Sweden should comply with Resolution 1763 if they chooses to introduce a conscience clause. The reasons that go beyond why Sweden not have any ob-ligations to introduce freedom of conscience in health care is, that all patients should have the right to equal treatment and that the health professionals would lose their status if they would waive the educational elements. That could lead to patients that no longer can be sure to be processed by staff who hold full knowledge. The last reason cited is that the employer's labor management rights would suffer. Health Services Act (1982: 763) regulates that all patients should be eligible equivalent care, where patients should be involved in the decisions about their own care. Everyone should have the right to health care regardless, of who you are, where you live, what religion or sexual orientation you have. Since 1995, freedom of conscience is regulated in the Act (1994: 1219) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, of Article 9. This means that the Swedish population has the freedom to follow their religious or moral conviction and with that due object to things that not are consistent with one's conscience. Finally, we can see that health professionals have the right to freedom of conscience but not in therir professionally.