Freedom, rights and “objection”

“While in Europe, strongly marked by secularism and liberalism, there is an increasing tendency to multiply the rights of individuals, especially at the beginning and end of life, proportionally, freedom of conscience – a fundamental right at the foundation of democracy and the Rule of law of our European countries – is increasingly struggling, especially in the medical and educational fields”. At the end of the meeting of legal advisers of European Bishops’ Conferences promoted by CCEE, held from March 4 to 6 in Bratislava (Slovakia), a statement was released on some of the issues broached. “On the contrary – the declaration goes on – conscientious objection is not used against anyone or to undermine the legal system but for the common good”. In Bratislava the legal advisers of 18 European Bishops’ Conferences addressed “the real applicability of conscientious objection in the light of the current debate in European States and the consequences-challenges to Church institutions”. The bishops equally delved into the theme of freedom of expression, in its twofold understanding as a right and a responsibility. Ethically sensitive areas. The meeting was hosted by Msgr. Stanislav Zvolensky, Archbishop of Bratislava, President of the Slovak Bishops’ Conference, who opened the conference. Msgr. Mario Giordana, Apostolic Nuncio in Slovakia and Jan Figel, currently Vice President of the Slovak Parliament, greeted participants during the meeting. Father Duarte da Cunha, CCEE Secretary General, delivered the opening remarks. “The keynote speech”, CCEE underlined, “was given by Prof. Marek Šmid, Rector of the University of Trnava (Slovakia) who focused on the legal regulation of conscientious objection”. “There is a diversity of situations in the states of Europe. The common element of their legal systems is the fact that the regulation of conscientious objection has an important impact in a number ethically sensitive areas”. In the case of members of the Catholic Church, conscientious objection should be instituted as a legal possibility that gives people the right to refuse duty, which is contrary to the general principles of doctrine and morals of the Church. This does not mean the right to disregard the laws of the country, but to enable the individual to comply with the laws of the State and avoid compromising their conscience at the same time. The speaker pointed out that conscientious objection “is in the interests of the individual and of the state which aims to be pluralistic, democratic and respectful of the rule of law. It enables citizens to enjoy the right to freedom of conscience and religion, which is one of the core values of society”. Fields of application. In particular, “the effects of conscientious objection should extend to the inviolability of human life from conception to natural death and also related health services”. In his speech Šmid underlined that its effects “should also extend to the field of teaching on sexual morality in public school, marriage as a life community of one man and one woman and the exercise of freedom of religion in public life, particularly through the use of religious symbols”. In the health sector, the right to conscientious objection “doesn’t belong only to doctors but also to other professional personnel (eg. nurses, psychologists, social workers)”. This right, pointed out Prof. Eva Grey, of St. Elisabeth University of Health and Social Work (Bratislava) “must be possible in the following procedures: abortion, euthanasia, artificial insemination, research and organ transplants”. However, “conscientious objection may not outweigh the duty of medical personnel to protect or save human lives”. Roots and fruits. The last session was marked by a reflection followed by a debate by Mons. Paul Gallagher, Secretary for the Relations with States (Holy See’s Secretariat of State) on “The challenges for today’s Church in Pope Francis’ addresses to the European Parliament and the Council of Europe”. “Christian thought, which has shaped European history and culture in a substantial way, has always promoted the dignity of the human person and the common good of everyone. Against this backdrop the Pope reminds us of the Christian roots of our Continent in order to bear the fruits that can reasonably be expected by giving value to the human person”. “Christianity isn’t only our past – the archbishop added – it’s also our ‘present and our future’, since today it regards the centrality of the human person”. For the Holy Father “it’s time to build together a Europe that is centred not on the economy but on the sacredness of the human person”.