Catholic Medical Association event puts freedom of conscience in the spotlight

By Josh Low

Freedom of conscience in the practice of medicine was the focus of a talk held by the Catholic Medical Association of Tasmania in Hobart on 18 November.

Presented by Emeritus Professor of Law at the University of Queensland, Dr Patrick Parkinson AM, the event involved a group of medical professionals from around the state coming together to hear him speak.

Dr Parkinson said freedom of conscience is already well established as a human right, referencing the International Covenant of Civil and Political Rights.

He added that in Australian law, the protection of freedom of conscience is ‘dismal’, with Tasmania being an exception.

“We have in Tasmania, believe it or not, a provision in our state constitution, which says freedom of conscience and the free profession and practise of religion are subject to public order and morality guaranteed to every citizen,” he said.

“It’s the only state in the country which has a provision around freedom of conscience and freedom of religion in its state constitution.

“Freedom of conscience and the free profession and practice of religion are guaranteed to every citizen.

“We may need that. I haven’t found a case which has cited it, but we may well need it.”

Within the practice of medicine however, Dr Parkinson said there are very few laws which protect freedom of conscience at all.

“Within the medical area, well, you do not have to participate in an abortion, and you do not have to give the full range of options to a woman who is pregnant as to what she should do.

“But you do have to refer out to somebody who will give that advice. And in Tasmania there’s a 2013 law which says that.”

Citing the case of Victorian General Practitioner, Dr Mark Hobart, Dr Parkinson spoke about the dangers of anti-discrimination laws being used to override laws on freedom of conscience.

“[Dr Mark Hobart] had a couple come to him. They had done the 19-week scan, the first time you can see the sex of a baby.

“They realised this was a baby girl. They wanted a boy and they wanted to abort the baby for no other reason than that it was female.

“And he was unwilling obviously, to participate in that, being a devout Christian man, but also unwilling to refer out either.

“They found their own practitioner… and the child was aborted one week later.

“But they then complained to the Victorian anti-discrimination people. And there was an inquiry with the medical authorities and so on.”

Dr Parkinson highlighted other areas in the practice of medicine where the right to conscientious objection arises.

“With euthanasia, voluntary assisted dying, yes, there’s also a right of conscientious objection there too. But there’s a real unwillingness to extend beyond that.

“For example, if you are a fertility specialist working in IVF, you may well have a situation where a lesbian couple come to you wanting to use IVF to have a baby.

“I’ve known of a situation of this kind. And there’s no exemption for freedom of conscience in that situation… because there’s a clash with the rights of lesbian couples to bear children,” he said.

Dr Parkinson also referred to the case of psychiatrist Dr Jillian Spencer in Queensland, who is currently contesting the requirement (in a public hospital) to conform to gender ideology in the treatment of gender dysphoria cases.

“These issues can come up in all sorts of areas of life and all sorts of areas of medicine. And there’s a real reluctance of governments and human rights bodies to extend freedom of conscience.

“It’s like Animal Farm. All animals are equal, but some are more equal than others.

“That’s what’s going on in our society now. Human rights bodies will always tell you there’s no hierarchy of rights there, except there is.

“And when there’s a clash of rights, that’s when religious freedom loses out and freedom of consciousness loses out.”

Dr Parkinson highlighted the need for medical practitioners who share the same values to be united, especially in Tasmania.

“I hope you do manage to get a thriving Catholic medical society here in Tasmania because I think the challenges are just going to increase.

“We are in a fight and there is a need for us as Christians to be engaged politically, to be taking the battle to politicians and saying, “You say you stand for human rights. You’ve got to stand for freedom of religion and freedom of conscience as well.”