The Concept Of Conscientious Objection In Spain

Your conscience is your built-in moral compass. You can also think of it as a place where you keep your principles and values. This includes the concept of conscientious objection.

People sometimes say that you should let your conscience guide you when making a decision. By this they mean that this decision should reflect who you really are. So if you make a decision that goes against your conscience, you are doing something against your principles. This is the idea that leads to the understanding of conscientious objection.

What is the conscientious objection?

Conscientious objection is the personal opposition to a legal requirement or obligation. If that legal requirement goes against your own personal code and you choose not to obey, then you have a conscientious objection.

It is also important to keep in mind that there are certain standards that you must meet. Which determine whether your decision can be considered a conscientious objection and not just a personal whim. You can’t just break a law and call your decision conscientious.

For example, suppose you are part of a well-known religious group that does not allow its members to join the military. In that case, it is usually assumed that your objection is sincere.

The same also applies to people who join certain schools of thought. The condition is that they are accepted by a social group that is reasonably integrated into society.

Throughout history, these are the most common cases of conscientious objection:

• Refusing to do military service or refusing to salute the flag.
• Refusing a request to serve on a jury, swear on the Bible, or participate in religious acts.

• Refusing to work on holidays and/or refusing blood transfusions.
• Object to participating in the performance of an abortion or refuse to administer abortifacient medication.

What does the law say about conscientious objection?

As you know, the law is a set of rules and obligations that citizens are expected to obey. However, the power of a law should not be based on the fear of what will happen if you break that law. The law must be just. In other words, you have to want to follow the law because it makes sense, not because you are afraid of the consequences.

If the citizens do not believe that the laws of the country are just and reasonable, then it will be difficult to maintain order. For example, if a legislator foresees that a group of people will reject a specific law because they believe it is immoral, they will have to take an alternative approach.

Ruling people is not the same as running a machine. Humans are, after all, rational and conscious beings. They can therefore actively cooperate to pursue the public interest.

The Spanish Constitution

In Spain there is only one kind of conscientious objection in the constitution: the objection to military service. You can read the specific words in Article 30.2. That said, the Constitutional Court in Spain also recognizes that conscientious objection can sometimes arise in other contexts.

A proposed rule against the abortion law led to the following result. The Spanish Constitutional Court has ruled that it is not strictly necessary to enshrine conscientious objection in law so that it is protected in cases other than military service.

The most recent case of conscientious objection was in June 2015. On June 25, 2015, the Constitutional Court ruled on the conscientious objection to the administration of abortifacient medication and birth control.

Their decision rejected the idea that conscientious objection needs the backing of a specific law to be implemented. This is true, at least, on issues as sensitive as abortion.

In the context of conscientious objection, your conscience is the first starting point for the moral evaluation of your actions. However, it is not the last principle. This is important because reality is the last principle for moral evaluation.

In fact, just as you follow your conscience when you make decisions, you must also adjust your beliefs to reality. You must never stop to hone your moral and ethical sensitivity.

So keep the dialogue with other people open. Read a lot. Try to perceive everything around you in an objective and open way. This approach will make you a better person.