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Reform of the article 10BIS of the General Health Law
June 01, 2018 |
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| Reform of the article 10BIS of the General Health Law |
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“At the moment of being admitted between the members of the medical profession, I am solemnly committed to devote my life to the service of humanity […] I will not allow that any considerations of religion, nationality, race, political party or class be put between my duty and my patient. I´ll have absolute respect for life, since it´s conception.” (Geneva Convention, 1949).
The Hippocratic Oath has been the basis of every new professional who enters in the medical field, this means that every doctor would give their service to help any individual that needs it; no matter their social, physical and race condition or gender and sexual preference.
The General Congress of the United Mexican States ordered the addition of the Article 10 BIS to the General Health Law, which it stated:
ARTICLE 10 BIS.- The medical personnel that takes part in the National Health System, will be able to exercise objection of conscience and excuse themselves of participating in the delivering of services that the law establishes.
When the life of a patience is at risk or faces a medical urgency, the objection of conscience may not be invoke, otherwise it will be incur as a causal of professional responsibility.
The exercise of objection of conscience will not result in any type of labour discrimination.
Of the added article, it´s estipulate that any medical personnel that takes part in the National Health System will have the right to appeal to an objection of conscience and excuse themselves of participating in the delivering of services that any individual needs, this objection cannot be invoke if the life of the patience it´s at risk or when facing a medical urgency, that´s because, the harm could be incur as a casual of professional responsibility.
The objective of the present addition is to grant a right at the medical personnel; member of the National Health System, to abstain itself in participating, when the procedure goes against their principles and/or values. This right can allow the limitation and restriction of the right to receive medical attention to the citizens, which means a possible discrimination executed by the medical professionals towards citizens.
The possibility of the medical personnel to abstain themselves to realize some practice that goes against their conscience, it´s a professional right for every individual; nonetheless, it can discriminate the citizen, because of the difficult in only leave to the conscience of the doctor which is the sufficient reason to excuse himself to participate in a medical service.
The last point brings the next questions. ¿Up to which point the use of objection of conscience can harm a third party that needs the abilities of individual objector? ¿Up to which point the personal right of the professional runs counter and affects the human right stablish in article 1 of our Constitution? Which states that every citizen is equal and have the same rights.
In conclusion, the addition of the now mention article in the General Health Law, seeks to grant the medical personnel of the National Health System the right to abstain themselves in a situation that goes against their moral, nonetheless, that same right may be able to affect the human rights that very citizen has.
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| Diego Alonso Ramos Castillo |
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| Mauricio Adrián Cuenca Bravo |
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| Fernando Gabriel Landa Torres |
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IMPORTANT: IMPORTANT NOTE: The information here contained is of general nature and for informative purposes only. Please consider that what is here stated does not apply circumstances of any individual or entity. We strongly recommend not performing any activity based on this information without the professional assistance of our lawyers considering your particular circumstances. |
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