Definition of Conscientious Objection

When the fulfillment of a law opposes someone's personal convictions, there is a conflict ethical. This conflict appears between two dimensions: the framework of the law that must be respected and the conscience individual. In order to provide a solution between the two dimensions, there is the possibility of invoking conscientious objection.

This legal figure is based on the following idea: an individual can allege the breach of a law when it goes against his deep beliefs.

Obviously, this proposal constitutes a problem, since it is a form of civil disobedience. Due to its “questionable” dimension, in some countries certain limits are established on the app of this figure.

Illustrative examples

It is traditionally applied in very specific circumstances: the use of weapons, the abortion or euthanasia.

Imagine a person who considers himself a pacifist. As a consequence of his convictions, he considers that he cannot use weapons, as his pacifist conscience prevents him from doing so. If such a person had to perform compulsory military service in her country, he could qualify for conscientious objection if the

legislation current will contemplate this possibility. If the law does not include the option of conscientious objection, said person would be punished for her opposition to using weapons.

The issue of abortion raises controversy in several senses and at times the voluntary interruption of the pregnancy it conflicts with personal conscience. If a doctor opposes abortion because of his personal or religious convictions, he can avail himself of freedom of conscience as long as the law provides for this possibility.

Something similar happens with euthanasia, since in some countries the legislation allows the interruption of life in certain cases and this can generate a conflict for a doctor who opposes the euthanasia.

This figure has certain limits

We note that it could apply to issues such as paying taxes or children's schooling. Thus, in theory someone could refuse to pay taxes on the grounds that he has very deep political convictions in tax matters. Similarly, a person might refuse to enroll a child because he considered that the education system opposes his personal ideas.

What rule In general, the limit to conscientious objection is based on one principle: it is not feasible for an individual to put his individual conscience first when the rights of others are limited.

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Issues in Conscientious Objection