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Protection of Conscience Project

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Service, not Servitude
Proposed Protection of Conscience Laws
International

Draft Treaty between the Slovak Republic and the Holy See on the Right to Objection of Conscience

Introduction:
"The Holy See" (or "the Apostolic See") is comprised of the Pope and Roman Curia,1 "the central and supreme organ of government of the Catholic Church."2

The Holy See has the status of a subject of international law, and . . . can conclude agreements, which have the status of treaties, with states. . . Such concordats are binding on the States parties. The are assimilated to international treaties concluded with states.3

Existing concordats between the Holy See and Italy, Latvia and Portugal have clauses relating to religious conscientious objection to military service. Concordats between the Holy See and Austria, Lithuania, Luxembourg, Malta, Slovenia, and Spain contain no reference to conscientious objection. 4

In 2000, the Holy See and the Slovak Republic signed a Basic Treaty (No. 326/2001 Coll.) which included the following provision:

Article 7: The Slovak Republic recognizes the right of all to obey their conscience according to the doctrinal principles and morals of the Catholic Church. The extent and conditions of the application of this right will be defined by special Accord between the [Holy See and the Slovak Republic].5

The following draft treaty is the special accord referred to in Article 7 of the Basic Treaty. This appears to be the first time that the Holy See has addressed the general issue of freedom of conscience in a concordat, going beyond issues connected with military service to include reference to freedom of conscience in health care, education, legal services and labour law.

The concordat is addressed only to the freedom of conscience of Catholics, who make up about 70% of the Republic's citizens. The Slovak government has, however, drafted an almost identical agreement that it intends to propose to Registered Churches and Religious Societies in the country.6 The concordat would take precedence over the laws of the Slovak Republic, but not over the Slovak Constitution, though it is not unlikely that constitutional guarantees of freedom of thought, conscience, religion and belief would be interpreted in the light of the terms of the concordat and agreement with Registered Churches and Religious Societies.7[Administrator]

The Slovak Republic and the Holy See,

Recognising the freedom of conscience in the protection and promotion of values intrinsic to the meaning of human life,

Emphasising this recognition in relation to freedom of thought and freedom of religion,

Recognising human life, human dignity, meaning of human life, family and marriage as the hightest universal values, which are at the source of common good, and, as such, must be protected from loss or injury and from impediments to their development and generational handing down,

Declaring the will to protect the right to human life, human dignity, human physical integrity, human bioilogical and psychological identity, family and marriage, invoking the commitments given in the Basic Treaty between the Slovak Republic and the Holy See, signed in the Vatican on 24 November 2000 (hereinafter the "Basic Treaty"),

and

the Slovak Republic, applying the Constitution of the Slovak Republic, and the Holy See, applying the teaching of faith and morals of the Catholic Church,

have agreed as follows:

Article 1

The Slovak Republic and the Holy See (hereafter "Contracting Parties") conclude this Treaty with the aim to set out the scope and terms of exercising the right to objection of conscience in conformity with Article 7 of the Basic Treaty.

Article 2

The Contracting Parties recognise the freedom of conscience regarding human life, human dignity, the meaning of human life, family and marriage, and the right of everyone to freely exercise objection of conscience in relation to these universal human values.

Article 3

(4) For the purposes of this Treaty, "principles of the teaching of faith and morals" mean the principles proclaimed in the Magisterium of the Catholic Church.

(5) For the purposes of this Treaty, "objection of conscience" means an objection raised in conformity with the principle of the freedom of conscience according to which anyone may refuse to act in a manner that he deems incompatible in his conscience with the teaching of faith and morals.

(6) The term "to act" includes participating in an act or any other activity of unspecified duration connected with such act, including assistance.

Article 4

(1) The right to exercise objection of conscience shall apply to:

a) the service in the armed forces or an armed corps, including conscription service,

b) performing certain acts in the area of healthcare, in particular, acts related to artificial abortion, artificial or assisted fertilisation, experiments with and handling of human organs, human embryos and human sex cells, euthanasia, cloning, sterilisation or contraception,

c) activities in the field of education, in particular those relating to Articles 12 and 13 of the Basic Treaty,

d) provision of legal services,

e) labour law and other employment relationships falling under the scope of this Treaty.

(2) The Slovak Republic undertakes not to impose an obligation on the hospitals and healthcare facilities founded by the Catholic Church or an organisation thereof to perform artificial abortions, artificial or assisted fertilisations, experiments with or handling of human organs, human embryos or human sex cells, euthanasia, cloning, sterilisations, acts connected with contraception,, and not to make the establishment or operation of a hospital or a healthcare facility founded by the Catholic Church or an organisation thereof conditional on the performance of the aforementioned activities.

Article 5

The right to exercise objection of conscience shall be implemented in conformity with the legal system of the Slovak Republic and within its limits. In setting out the scope and manner of exercising the right to objection of conscience, the Slovak Republic shall take care to preserve the essence and meaning of this right.

Article 6

(1) The exercise of objection of conscience shall not entail legal liability of the person who has exercised that right.

(2) The right to invoke objection of conscience shall not be exercised in a manner leading to the misuse of that right. The misuse of the right to objection of conscience shall not entail protection from legal liability. The exercise of objection of conscience must not endanger human life or human health.

Article 7

(1) The Contracting Parties shall resolve contentious issues arising in connection with the interpretation or execution of this Treaty through mutual consultations. The Contracting Parties shall supply information to one another, in particular as regards individual activities falling under the scope of objection of conscience, and information concerning the drafts of generally binding legal acts that have a bearing on objection of conscience.

(2) The Contracting Parties shall set up a joint commission with an advisory status for the purposes of executing this Treaty. The joint commission shall have a parity composition and include three representatives of each contracting party; it will be convened at least twice a year or at any time when so requested by a Contracting Party. The tasks of the joint commission shall include, in particular:

d) monitoring the areas and particular activities in respect of which objection of conscience may be invoked,

e) submitting comments concerning the drafts of generally binding legal acts and making legislative proposals concerning the right to objection of conscience and preventing its misuse,

f) evaluating the implementation of this Treaty,

g) submitting proposals with a view to amending or supplementing this Treaty.

Article 8

The present Treaty can be changed and amended to include the facts that are not covered by the Treaty through written agreement of the Contracting Parties.

Article 9

This Treaty is concluded for an unlimited period and shall be terminated by agreement of the Contracting Parties or upon the termination of the Basic Treaty.

Article 10

This Treaty shall be subject to ratification and shall enter into force as from the thirtieth day from the date of exchange of the instruments of ratification.

Done in _______________ on__________________ in two original copies, each in the Slovak and the Italian languages, both texts being equally authentic.

 

__________________     __________________

For the Slovak Republic       For the Holy See


Notes (Provided by the Protection of Conscience Project)

1. Code of Canon Law, Canon 361

2. Charter of Rights of the Family, 22 October, 1983, Introduction

3. EU Network of Independent Experts on Fundamental Rights, Opinion No. 4-2005: The Right to Conscientious Objection and the Conclusion by EU Member States of Concordats with the Holy See (14 December, 2005) p. 5-6

4. EU Network of Independent Experts on Fundamental Rights, Opinion No. 4-2005: The Right to Conscientious Objection and the Conclusion by EU Member States of Concordats with the Holy See (14 December, 2005) p. 7

5. EU Network of Independent Experts on Fundamental Rights, Opinion No. 4-2005: The Right to Conscientious Objection and the Conclusion by EU Member States of Concordats with the Holy See (14 December, 2005) p. 5

6. EU Network of Independent Experts on Fundamental Rights, Opinion No. 4-2005: The Right to Conscientious Objection and the Conclusion by EU Member States of Concordats with the Holy See (14 December, 2005) p. 31

7. EU Network of Independent Experts on Fundamental Rights, Opinion No. 4-2005: The Right to Conscientious Objection and the Conclusion by EU Member States of Concordats with the Holy See (14 December, 2005) p. 5

 

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