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RIGHT TO CONSCIENCE

Definition Political Significance


The phenomenon of a right To understand the political
of conscience arises only in role of rights of conscience,
a society that takes it helps to think of the
seriously the autonomy of activities a person might
individual persons. engage in as falling into
Philosopher James one of three political
Childress has described categories: (1) prohibited,
appeals to conscience as "a (2) permitted, or (3)
person's consciousness of required. In Western
and reflection on his own societies, the vast majority
acts in relation to his of possible activities are
standards of judgment." permitted, meaning people
(Childress, 1979) Rights of may engage in that activity
conscience are political if they wish (it is not
rights that protect people's prohibited), but they do
ability to do what they not have to engage in that
believe is morally best: activity (it is not required).
they are political autonomy A person may exercise
rights. Common scenarios autonomy, then, in
for the exercise of a right deciding whether to engage
of conscience in healthcare in the activity. Likewise,
include seeking an some activities (e.g.,
exemption from mandatory murder, robbery) may be
vaccination and, for prohibited, and some
physicians, refusing to activities (e.g., military
participate in morally service in times of war)
controversial procedures may be required.
like abortion.

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STORIES AND VIOLATIONS
Should doctors, pharmacists businesses should have similar
and other health care workers rights. To explore this issue,
have the right to refuse to the Pew Forum turned to
provide services that conflict Professors Ira Chip Lupu and
with their religious beliefs? Robert Tuttle.
Until recently, the debate over
conscience protections for
health care workers centered
largely on abortion and birth
control. But in the past few
years, new cases have
emerged that have expanded
the debate and raised
questions about the tensions
between individuals rights of We are writing this pastoral
conscience and the need to letter to men and women of
protect certain groups against good will because of our
discrimination, notably gays conviction that religious
and lesbians. These new cases believers can enrich society
involve health care workers with their innumerable
contributions to culture,
in one case doctors at a
political and economic life,
California fertility clinic, in health care and education. In
another case a graduate solidarity with our brothers
student in Michigan studying and sisters, we are called to
to become a counselor who renew our commitment to
refused to treat gay and building a world where every
individual, every community of
lesbian patients because they
faith, and every society enjoys
felt that doing so would
in law and in practice
compromise their core authentic freedom of
religious beliefs. While conscience and religion. We
religious organizations and hope to rekindle in all
institutions are exempt from Canadians an appreciation of
certain nondiscrimination laws, the significance of these rights
as essential for ensuring the
there is debate over whether
common good, and to
private individuals and
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encourage our fellow citizens, regardless of their religious
especially those in professions affiliation. We affirm what
where these rights may be at Pope Benedict XVI states in his
risk, to defend them Message for the 2011 World
courageously. As Catholic Day of Peace: It is painful to
Bishops, we particularly wish think that in some areas of the
to address those members of world it is impossible to
the faithful who find profess ones religion freely
themselves in difficult except at the risk of life and
situations where they may be personal liberty. In other areas
pressured to act against their we see more subtle and
religious faith or their sophisticated forms of
conscience. prejudice and hostility towards
believers and religious
symbols.

Recent international and While freedom of conscience


national events present a belongs essentially to
disturbing trend of threats to individuals, freedom of religion
freedom of conscience and is broader: it implies the
religion experienced by those
ability to embrace and openly
who suffer from bias,
prejudice, hate propaganda, practice ones faith, both
discrimination and persecution individually and communally,
because of their religious within society. It is directly
beliefs. The Catholic Church related to freedom of
fosters and defends these conscience inasmuch as
freedoms which are grounded conscience, oriented to truth,
in Sacred Scripture and
is formed by religious faith.
supported by rational
reflection. In championing Religious freedom is the most
them, she finds common meaningful freedom of all,
ground with everyone, since it is through faith that
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men and women express their Conscience bears witness to
deepest decision about the the fact that people are
ultimate meaning of their impelled by their nature and
lives. Indeed, the right to bound by a moral obligation to
religious freedom is the seek the truth, especially
litmus test for the respect of religious truth. Conscience is
not, however, an absolute placed
all the other human rights.
above truth. Rather, by its very
Where it is protected, peaceful
nature, conscience has a relation
coexistence, prosperity and
to objective truth, a truth which
participation in cultural, social
is universal and which all must
and political life flourish. But seek. Freedom of conscience is
when it is threatened, all other justified because of this relation,
rights are weakened and inasmuch as this freedom is a
society suffers. necessary condition for seeking
the truth and for adhering to
that truth once it is sufficiently
known. For this reason, each
individuals conscientious search
for truth must always be
respected. This freedom to
respond to the truth of ones
nature as a being created by
God and destined for fulfillment
The rights to freedom of
in him is essential to a
conscience and religion derive
democratic society. In promoting
from the unique dignity of the
the dignity of the human person,
human person created in the the Church faithfully defends the
image of God (cf. Gen 1:26- freedom of conscience of all
27) and endowed with reason people, whatever their religion
and free will. Human beings or philosophy of life. The Second
are the only creatures able to Vatican Council teaches that a
establish a conscious person is not to be forced to
relationship with God. To do so act against conscience nor be
freely is essential to their prevented from acting
dignity and is in keeping with according to conscience,
the innate openness of the especially in religious
human heart to God. matters.

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health or morals, or for the
EXPLANATION
protection of the rights and
All of these stories of violating freedoms of others.
the right to conscience is like
violating the rules of God. This When do I need to
right is built for a reason. A consider the right to
reason to be on with others
especially with God. These freedom of thought,
violations consists of a doctor, conscience and
Canadians, discrimination, and
freedom. These are only 5 of
religion or belief?
many violations that we people You will need to consider
have done to violate this law the right if you are working
of right of conscience on legislation, a policy or a
program that:
LAWS
Everyone has the right to
freedom of thought, might restrict or interfere
conscience and religion; this with the observance or
right includes freedom to teaching of a particular
change his religion or belief religion or set of beliefs,
for instance by regulating
and freedom, either alone or in
conduct that might have
community with others and in this effect
public or private, to manifest requires a person to
his religion or belief, in disclose their religion or
worship, teaching practice and belief
affects a person's ability
observance . to adhere to his or her
religion or belief
Freedom to manifest ones subjects conduct that is
religion or beliefs shall be required or encouraged by
subject only to such limitations a particular religion or
as are prescribed by law and belief to criminal penalties
are necessary in a democratic sets dress standards that
do not accommodate
society in the interests of
religious dress or symbols
public safety, for the affects the right of the
protection of public order, adherents of particular
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religions to observe manifest religious or other
holidays or periods of rest beliefs, whether individually or
relates to planning or land collectively, and whether
use that may make it through worship, observance,
difficult to use or establish practice or teaching.
places of religious worship
imposes eligibility The UN Human Rights
requirements for Committee has interpreted
government benefits that religion to include theistic,
that cannot be met by the non-theistic and atheistic
adherents of particular beliefs, and has stated that the
religions right includes the right not to
regulates the teaching of profess any religion and belief.
children in a way that The right includes the right to
might undermine adopt a religion or belief of a
particular religions or person's choice, including the
beliefs, or right to leave a religion and
Regulates conscientious convert to another.
objection to military
service. The Government may not
impose restrictions on the
This list should not be right to hold positions based
regarded as exhaustive. on religious or other belief, nor
may it impose religious or
What is the scope of other beliefs. The Government
may also be obliged to take
the right to freedom positive steps, where
necessary and appropriate to
of thought, protect this right, where failure
conscience and to do so may result in
offensive attacks on religious
religion or belief? beliefs.
http://fra.europa.eu/en/charterpedia/article/10-
freedom-thought-conscience-and-religion
Article 18 of the ICCPR
protects the right to think
freely and to entertain ideas
and hold positions based on
conscientious or religious or
other beliefs. This entails
protection against
brainwashing or indoctrination.
The right also protects the
right to demonstrate or
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AS AN OLCAn?

As we make this journal about right to conscience, we know


different laws and violations about this human right. All of we do
in our lives, we are the one who was responsible to decide
whether it is good or bad. But being an OLCAn, we learn that
every one of us must be in careful in what we do. This also show
our freedom as a person. But we also know our limitations at all
times because or maybe some people will be affected in our
actions. Maybe others give suggestions to us but we are the one
who will decide if we will agree to them or not. As a children of
God, while we grow up. We know different things in our world so
we people must be conscious in what we do.

MORAL CONSCIENCE
"Deep within his conscience man discovers a law which he has
not laid upon himself but which he must obey. Its voice, ever
calling him to love and to do what is good and to avoid evil,
sounds in his heart at the right moment. . . . For man has in his
heart a law inscribed by God. . . . His conscience is man's most
secret core and his sanctuary. There he is alone with God whose
voice echoes in his depths."

EXPLANATION
This teaching, church teaching of moral conscience explains that a
man with great conscience
finds it easy to know what is
good or bad, what is right
or wrong, and knows the
true meaning of love. It is
stated that God is helping
him to reach his full
potential of conscience to
discover God and himself.
To follow his heart, to follow
the voice God whispering to
his ears to lead him to good
and to avoid evil with his
moral conscience.

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DID YOU KNOW THAT?
Conscience is God's internal tribunal in
us
Kant has analyzed conscience, and its relation to God, in
another text, which I will render freely to improve its
readability in English:

"The consciousness of an internal tribunal in a human being (before


which `his thoughts accuse or excuse each other') is known as
CONSCIENCE.

Every person finds himself or herself observed by an inward judge who


threatens and keeps that person in awe. Now this judge may be an
actual or a merely ideal person, a person reason frames to itself. Such
an idealized person, the authorized judge of conscience, must be one
who knows the heart; for the tribunal is set up in the innermost part of
a human being. At the same time, the judge must also have supreme
authority. Yes, he must at the same time possess all power in heaven
and on earth, since otherwise he could not back up his commands with
proper sanctions, such as his office of judge necessarily implies.
However, a moral being of that stature, with authority over all, is called
GOD.

Therefore, conscience must be considered as the subjective


acknowledgement of a responsibility for one's deeds before God. In
fact, the concept of God, however obscurely, is contained in every
awareness of moral responsibility." (See: I.KANT, Grundlegung zur
Metaphysik der Sitten, Berlin 1780, p. 64).

All Kant' theories have not been generally accepted, but his argument
to prove God from objective morality stands. In our own days, it has
been reformulated as a proof based on our living and considered
experience of life (see: H.KNG, Does God Exist?, London 1984, pp.
536-551.).

When I consider the whole of my life, which includes my moral


awareness, I realize with a practical certainty that I myself, my human
freedom and God are not illusions, but realities. It is an act of
fundamental trust on the part of my whole person, an affirmation of
who I am and my responsibilities. For the whole of my experience
makes no sense without accepting these realities.

"Two things fill the mind with ever new and increasing
admiration and awe, the oftener and more steadily we reflect on
them: the starry heavens above and the moral law within!" 8

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