BARI - "Do not allow objectors to go to doctors in clinics is unconstitutional and discriminatory." It also violates the rule on equal treatment in employment relationships. To settle and the tar, with a comprehensive 28-page ruling released yesterday, overturned the measure by which the Region of Puglia had placed a barrier to participation in the advisory rankings for obstetricians-gynecologists conscientious objectors. He ordered the administration to reopen the deadline to allow objectors to their memberships.
According to the judges of the Second Section (Chairman Amadeo Urbano, rapporteur Francesco Cocomile) the presence or otherwise of a doctor objector is inoperative because any of them should follow the principles of legge194/78 that provides, for example, the requirement of certificates for abortion. But this is very different from the interruption of pregnancy, however, could never be done in a clinic but in a structure authorized.
In short, there why would the litigation.
origin of the decision of the Region, alleged problems related to the different behavior assumed by the objectors. A (large) part of them (as the region has made it clear at the hearing) in accordance with the law, agree to release the documents "IVG" to women, while others "refuse to do - make the region - and often even refuse to enter "IUD (spiral) and to prescribe contraceptives for emergency contraception (morning-after pill)."
However, according to the judges, the means to avoid such 'possible commission of offenses of criminal law, disciplinary and / or ethical "(doctors, ndr), can not be certainly discriminatory and expulsion clause of a contract. To this end, the court - referring to a European Court - this equates to the legal question of a clause providing for the exclusion of firms with particular characteristics.
What will happen now? The Tar was clear: the region should re-open the terms and in the future may provide in their calls to cover shifts for counseling a 50% of doctors objectors and another 50% for physicians objectors.
to appeal to the TAR were some doctors objectors, including the prof. Filippo Maria Boscia that, in addition to primary of Obstetrics and Gynecology at the "Story" (where ASL has effectively "erased" the Centre of IVF 'preferring to individuals) is also national president of the Forum of associations and movements of Christian inspiration working in the field of social health: the association, together with the Italian Movement for Life, have been set up in court and their intervention however, it was considered acceptable as set out previously by the Tar Lazio. Boscia
states as "such a solution would have preferred to avoid court, favoring a peaceful dialogue sitting around a table with the Assessor Thomas Fiore and Governor Nichi Vendola. We strongly believe in the Sermon on the defense of life, believing that abortion should pass the tracks from all the provisions that the law 1984 provides, including attempts to prevent abortion. " Point that was also retrieved from the Tar in ruling that the portion of the transcript under question.
"We insist on the aspects of prevention, leaving stops every self-determination by the woman."
According to the judges of the Second Section (Chairman Amadeo Urbano, rapporteur Francesco Cocomile) the presence or otherwise of a doctor objector is inoperative because any of them should follow the principles of legge194/78 that provides, for example, the requirement of certificates for abortion. But this is very different from the interruption of pregnancy, however, could never be done in a clinic but in a structure authorized.
In short, there why would the litigation.
origin of the decision of the Region, alleged problems related to the different behavior assumed by the objectors. A (large) part of them (as the region has made it clear at the hearing) in accordance with the law, agree to release the documents "IVG" to women, while others "refuse to do - make the region - and often even refuse to enter "IUD (spiral) and to prescribe contraceptives for emergency contraception (morning-after pill)."
However, according to the judges, the means to avoid such 'possible commission of offenses of criminal law, disciplinary and / or ethical "(doctors, ndr), can not be certainly discriminatory and expulsion clause of a contract. To this end, the court - referring to a European Court - this equates to the legal question of a clause providing for the exclusion of firms with particular characteristics.
What will happen now? The Tar was clear: the region should re-open the terms and in the future may provide in their calls to cover shifts for counseling a 50% of doctors objectors and another 50% for physicians objectors.
to appeal to the TAR were some doctors objectors, including the prof. Filippo Maria Boscia that, in addition to primary of Obstetrics and Gynecology at the "Story" (where ASL has effectively "erased" the Centre of IVF 'preferring to individuals) is also national president of the Forum of associations and movements of Christian inspiration working in the field of social health: the association, together with the Italian Movement for Life, have been set up in court and their intervention however, it was considered acceptable as set out previously by the Tar Lazio. Boscia
states as "such a solution would have preferred to avoid court, favoring a peaceful dialogue sitting around a table with the Assessor Thomas Fiore and Governor Nichi Vendola. We strongly believe in the Sermon on the defense of life, believing that abortion should pass the tracks from all the provisions that the law 1984 provides, including attempts to prevent abortion. " Point that was also retrieved from the Tar in ruling that the portion of the transcript under question.
"We insist on the aspects of prevention, leaving stops every self-determination by the woman."
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