Conscientious objection and the right to sexual and reproductive health of women. Regarding the STC 145/2015, 15 July, on the conscientious objection of the pharmacists: reasonableness test or political judgment?

Authors

  • María José Corchete Martín

DOI:

https://doi.org/10.18042/cepc/redc.112.11

Keywords:

Conscientious objection, right to sexual and reproductive health of women, Constitutional Court, multilevel guarantees.

Abstract

This paper analyzes the always controversial right to conscientious objection and, in particular, concerning the right to sexual and reproductive health of women regarding the Constitutional Court decision 145/2015, on the conscientious objection of pharmacists. Both the examination of the case and the arguments that lead the Court`s decision will be the subject of a detailed analysis that will allow us to deepen its possible consequences in practice. The Italian experience is taken into acount as a “test” to examine the difficulties in reconciling the exercise of these rights in the context of a pluralistic constitution. The necessary and unavoidable action by the legislature will appear as the best guarantee for the real effectiveness of these rights.

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES