Medical Right to the Conscious Objection and the Refusal to Perform Assisted Reproduction Procedures in Homosexual Couples: Discrimination Masked as a Right

Abstract

The article discusses the right to medical conscientious objection and the eventual refusal to perform procedures on a person or homosexual couples. The right to medical conscience objection is not dealt with in the strict sensu legislation, but it is recognized by the Code of Medical Ethics as a fundamental physician right. The great debate rests on the limits to the exercise of the right. Through a bibliographic review, it was observed that the exercise of conscientious objection due to the patient's subjective aspects and not in relation to the objective aspect of the procedure represents a serious discrimination, insofar as it limits access to the fundamental right to assisted reproduction, besides not representing an a priori objection, but the result of reflection only due to the sexual orientation of the patient (s) involved. Thus, the exercise of conscientious objection to the detriment of people or homosexual couples would represent the abusive exercise of a right, since, under the pretext of protecting professional autonomy, it violates patients' fundamental rights and guarantees.