The Issue of Recruitment Procedures Reserved to Non-Objecting Physicians before the Constitutional Court

Abstract

This paper analyses Constitutional Court judgment no. 42/2026, which ruled that a provision of Sicilian Regional Law no. 23 of 2025 could not be interpreted as allowing the recruitment of physicians limited to those who do not object on grounds of conscience for the provision of abortion services. The Author discusses the difficulty of reconciling the broad protection of healthcare professionals’ right to conscientious objection - strongly reaffirmed by the Constitutional Court - with the need to ensure women’s effective access to abortion services without territorial or economic discrimination.