Let’s talk about Freedom of Conscience Freedom of conscience is covered by the Universal Declaration of Human Rights of the United Nations. Article 18 of the Universal Declaration of Human Rights (UDHR) states that “everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others in public or private to manifest his religion or belief in teaching, practice, worship and observance.”1 The Philippines was one of the original countries that voted in favor of the UDHR and the Philippines Constitution respects freedom of conscience. Article II states that “No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall be forever allowed.”2 That means freedom of conscience, religion or belief are freedoms universally recognized. There are 192 member states of the United Nations, all of
which have accepted the Universal Declaration of Human Rights, which protects freedom of conscience, religion, or belief.3 Freedom of thought should be understood in three ways, all of which must be protected in law: (a) freedom of conscience, religion and belief, (b) the free exercise of conscience and (c) the plurality of beliefs.4 Freedom of conscience, religion and belief encompasses the right of each individual to have religious convictions, free from coercion.5 The free exercise of conscience entails the right to act publicly according to one’s conscience, without intruding or obstructing the rights of others or the general peace of society.6 And, the plurality of beliefs involves the mutual coexistence of diverse groups and associations as well as families, schools, charities and other learned and civic societies.7 If these three principles are not protected in law, freedom of conscience is violated and discrimination based on religious and cultural beliefs is the result. Freedom of conscience, religion or belief was denied during the Communist regimes of the 20th and 21st Century. Guaranteeing freedom of conscience is critical to
establishing free and democratic societies.
What is freedom of conscience? Freedom of religion or belief means having the freedom to worship, observe, practice and teach, alone or with other people. Freedom of religion or belief doesn’t just mean the freedom to worship; it also means the freedom to observe and practice one’s belief. It demands that individuals and institutions have the freedom to choose not to participate in actions that violate their freedom of conscience and belief. Freedom of religion or belief also means that people have the right to freely form organizations and conduct these organization in accordance with their beliefs. Practically speaking, this means that religious organizations (schools, hospitals, etc.) have a right to conduct their affairs in order to uphold their religious mission, and must be able to opt out of activities that would violate that religious mission.
Freedom of conscience protects the freedom of individuals with a diversity of beliefs and is essential to peaceful coexistence. When freedom of conscience is suppressed, the beliefs of the majority or of the ruling elites, are imposed on all others. For this reason, the protection of freedom of conscience is necessary for the protection of freedom of speech and expression, and to enable the development of free democracies. When individuals are free to live out their beliefs in the public sphere, this requires respect for the rights of others.
Freedom of conscience is central to economic development. Development cannot occur without guaranteed protection of fundamental rights and freedoms, including freedom of conscience. Freedom of conscience ensures that individuals will be protected in law and enabled to pursue the activities, careers, and economic pursuits that they desire.
1
Protections for rights of conscience relate to employers and employees. Limited rights of conscience reduce protections for employers, and consequently reduce economic growth and development.
What are the freedom of conscience issues with the RH Bill? The RH Bill does not protect this universally recognized right. Adequate protection of conscience rights is not provided to health institutions, individuals, or community health workers in the RH bill. Section 7 establishes that “all accredited health facilities shall provide a full range of modern family planning methods”.8 Further, health care workers are required to refer patients for services which violate their consciences and beliefs. This is a violation of freedom of conscience, and coercive.
Universal Declaration of Human Rights, Article 18 Philippines Constitution, Art.II, Sec. 2. 3 http://www.un.org/depts/dhl/unms/whatisms.shtml 4 Witte, supra note 152, at 57. 5 Philippines Constitution, Art III, Sec. 4 6 Philippines Constitution, Art III, Sec 5 (…) without discrimination or preference (…) 7 Philippines Constitution, Art XIII, Sec 16 8 RH bill. SEC. 7, Ln. 9-10 2
Furthermore, it also means not being forced to participate in any action, directly or indirectly, that violates one’s religion or belief. Freedom of conscience doesn’t only mean having the ability to opt out of the action itself, but also the freedom to opt out of any action, direct or indirect, that would promote, encourage or give the appearance of encouraging that action. Therefore, the provisions in the Philippine RH Bill that force healthcare providers to refer patients to another provider who they know will perform the service they are unwilling to do, violate freedom of conscience. To the conscientious objector, even the indirect action of referring a patient to a provider to provide a service which violates his or her beliefs is a violation of his rights of conscience.