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Freedom of conscience in Czech legislation and jurisprudence

Publication at Faculty of Law |
2017

Abstract

Freedom of conscience is guaranteed together with freedom of thought and freedom of religion in Article 15 (1) of the Czech Charter of Fundamental Rights. There are four typical fields of conscience - 1. military service, 2. medicine, 3. religious observance, and 4. official duty.

The predominant factual and constitutionally protected secularism of the Czech society contributes to the fact that the conscience reservation has so far not caused any practical difficulties, and therefore the jurisprudence and legal regulation are rather poor. Explicitly, the conscience reservation is found only in the military law and in the law on health services.

The Constitutional Court is very seldom confronted with the conscience reservation, but its case law has tended to tend to recognize and protect the conscience.