Abstract

TALAVERA, P.. Conscientous health objection in the prison environment. Rev. esp. sanid. penit. [online]. 2010, vol.12, n.1, pp.37-46. ISSN 2013-6463.

To be fully in accordance with constitutional doctrines the notion of conscientious objection must be understood as a manifestation of the fundamental right to ideological freedom as contained in art. 16.1 CE (assuming of course that all objecting conduct is legitimate), but it must also be understood as a principle. That is to say, any conflict between the subject's fundamental right and legal duty that he rejects must be resolved by the judge who must make a careful judgement of values and property. This fundamental right still exists and may invoked and exercised by inmates and health personnel in the prison context in the face of predictions of the forcible imposition of medical treatment as stated in the LOGP and RP, with no more limit than public order itself.

Keywords : Prisons; Prisioners; Spain; Attitude of Health Personnel; Liability; Legal; Ethics; Professional; Morals; Legislation.

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