All cases

Marriage Commissioners in Amsterdam Evaluated on Support for Same-Sex Marriage

May 21, 2013, Netherlands

Marriage commissioners in a district of Amsterdam must undergo annual evaluations to ensure they support same-sex “marriage” after it was revealed that two commissioners had refused to officiate at the ceremonies. Since 2007, the government in Amsterdam’s Nieuw-West district has only employed commissioners who agree to perform same-sex “marriages,” and officials apparently believed the district was free of “conscientious objectors.”

Statutory Protection of Freedom of Conscience for Pharmacists Missing

May 21, 2013, Poland

Pharmaceutical Law requires public pharmacies to provide medical products and medical devices in the quantity and range needed by the local population. The current law does not provide for the possibility to refuse sale of drugs except in very specific cases, eg. in doubt of authenticity of the prescription. It is found that the type of drug or pharmacological properties do not constitute grounds for refusal. State authorities may revoke the license to operate a pharmacy if the pharmacy does not comply to these demands. There is a list of cases in which pharmacist can refuse to sell the drug. In order to ensure real respect for freedom of conscience, the relevant statutory provisions protecting the right to conscientious objection should be introduced in the Pharmaceutical Law.

No Explicit Provision for Conscientious Objection

May 21, 2013, Poland

While the abortion law in Poland is rather restrictive, it does not contain an explicit provision for “conscientious objection” to any of the medical staff involved in legal abortion.

Conscientious Objection Defined Too Narrowly

May 21, 2013, Spain

The Act on Sexual and Reproductive Health N° 2/2010 regulates the wilful interruption of pregnancy. It grants a right to conscientious objection only to those health professionals who are required to participate directly in an abortion procedure. (Article 12 §2, Article 19).

Registrars Not Allowed to Refuse to Conduct Same-Sex Ceremonies

May 21, 2013, Spain

Registrars are not allowed to refuse to conduct same-sex union procedures or ceremonies. Caso Judge (Juez de Paz) of the town of Pinto was forced to resign because he refused to officiate homosexual unions.

No Conscientious Objection of Health Care Workers

May 21, 2013, Sweden

There is no conscientious objection for health care workers in Sweden, in fact there is a total absence of legal statutes that protects the freedom of conscience for health care workers, midwifes, nurses, physicians, medical students or pharmacists. Health care workers, who are reprimanded, repositioned or put at disadvantage for refusing to perform procedures such as abortions, claim that their rights under article 9 of the Convention in compliance with the European Council resolution are infringed.

Conscientious Objection Clause Routinely Challenged

May 21, 2013, United Kingdom

Section 4 of the Abortion Act 1967 provides a conscientious objection to participation in abortion procedures. However, the scope of this conscientious objection clause is routinely being challenged. In 2012, the General Medical Council released its Draft Guidance on Personal Beliefs and Medical Practice, which stated that doctors must “be prepared to set aside their personal beliefs” in relation to a variety of controversial areas, including prescribing contraceptives – including the abortifacient morning-after-pill, referring women for abortions and performing “gender reassignment surgery.”

No Conscientious Objection with Regard to Affirming Homosexuality in the Workplace

May 21, 2013, United Kingdom

There have been a number of cases in the past few years that have followed a similar pattern in that no exemption will be made where a Christian has a conscientious objection in the workplace because he or she cannot endorse, condone or approve homosexual conduct.

Overly Strict Hate Speech Legislation

May 21, 2013, France

Hate speech laws are very strict in France. Since the law of December 8th, 2004, any discrimination in speech against homosexuals is forbidden. Christians for example are unable to publically say that having a same-sex relationship is a sin. The consequence is that nobody criticizes homosexuality in itself on TV, radio or in newspapers.

Hate Speech Legislation Curbing on Freedom of Expression

May 21, 2013, Sweden

Swedish penal law contains the crime “agitation against a national or ethnic group,” a crime that carries a maximum penalty of 2 years in prison. The Swedish government charged four activists who wanted to “start a debate about the lack of objectivity in the education in Swedish schools” by distributing leaflets on the "homosexual agenda".

"Insulting Speech Laws" Cause Legal Problems for Christians

May 21, 2013, United Kingdom

According to section 5 of the Public Order Act 1986, it is criminal offence to use “insulting words or behaviour” which is “likely to cause harassment, alarm or distress.” Originally enacted to combat football hooliganism, this provision has led to the arrest and prosecution of many Christian street preachers in recent years.

Stalking Law Used Against Freedom of Assembly of Pro-Life Christians

May 21, 2013, Austria

Anti-stalking legislation is used against side-walk counselling or picketing. On October 25th, 2011, the state court of Graz, Styria, upheld a judgement of the first instance condemning pro-life side-walk counsellors to pay fines on the grounds of “stalking.”

Freedom of Assembly Limited by Court Order in Germany

May 21, 2013, Germany

Christian-inspired non-governmental pro-life organisations often express their faith and their convictions by protesting in front of abortion clinics, or by simply standing in front of clinics or counselling centres in order to offer conversation and alternatives. In the German cities Freiburg and Munich, this activity has been severely limited. Local courts have given in to the pressure by the targeted locations, which could have been mainly financial ones. Courts have restricted the form of manifestation as well as established a geographical ban. Appeals are on-going.

Hostile Climate With Regard to Religion esp. Christianity

May 21, 2013, Germany

Anti-religion groups have created a climate hostile to frank discourse. Besides defamation campaigns and negative stereotyping, hate incidents have come to the Observatory’s notice. Activists physically prevented a professor to enter an auditorium to voice deviating views. Anti-religion slogans and images are often used in hurtful manners, such as the public destruction of crosses, the image of Jesus as a crucified pig, or slogans such as “We are here to hurt your feelings” or “If Mary had had an abortion, we would have been spared people like you”.

Pro-Life Manifestations Frequently Prohibited

May 21, 2013, France

Law 93-121 of January, 27th, 1993, so- called “loi Neiertz” made it a specific offense to obstruct abortions. Therefore manifestations in front of hospitals are frequently not permitted. A well-known doctor and embryologist, Xavier Dor, was condemned and sentenced to prison several times because he prayed together with a few others in front of a hospital and obstructed legal abortions. At 83, his latest trial is on-going.

Public Funding Restricted for Organisations with Christian Convictions

May 21, 2013, Netherlands

Organisations may base their work on whatever beliefs or convictions - but to receive public funding, they must not object to current legislation. This creates a problem for Christian organisations especially with regard to objecting to medical procedures.

Freedom of Association Limited to So-Called Non-Discriminatory Activities

May 21, 2013, Spain

The law states that “the public authorities shall not provide any assistance to associations in the case where the admission process or its operations discriminate on grounds of birth, race, sex, religion, opinion or any other condition or personal or social circumstance.”

(EU) Non-Discriminatory Hiring Laws Shown to be Problematic

May 21, 2013, Austria

In transposition of EU – law, Austria has adopted strict non-discrimination legislation in the employment sector. When a Christian religious official was looking for a secretary, his legal advisor asked the equal treatment commission before publishing a job advertisement: would it be permissible to reject a headscarf-wearing Muslim woman? The answer was no.

Lutheran Church Forced to Conduct Same-Sex Union Ceremonies

May 21, 2013, Denmark

The parliament of Denmark voted to force the established Evangelical Lutheran Church to perform same-sex “marriage” ceremonies inside their sanctuaries, although one-third of all the denomination’s priests say they will not participate in such rituals. The Danish parliament voted by an overwhelming 85-24 margin to compel churches to carry out unions for same-sex couples that are identical to heterosexual marriage celebrations.

Businesses Forced to Deliver Services Against Their Will

May 21, 2013, Ireland

Without exception, businesses are required under the Equal Status Act to offer goods and services to anyone who asks for them and the business cannot ‘discriminate’ on the basis of sexual orientation, marital status, etc. While churches are not forced to perform same-sex ceremonies, they might face fines if they do not rent out halls for receptions following a civil partnership ceremony.