All cases

Civil Registrars Forced to Officiate Same Sex Ceremonies

May 21, 2013, Ireland

A civil registrar could go to jail for up to six months for refusing to officiate at the ceremony of, for example, a same-sex couple. While churches are not forced to actually perform such ceremonies directly, they might face fines if they refuse to rent out halls for same-sex couples who wanted to use it for their reception following a civil partnership.

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.