Draft Treaty between the Slovak Republic and the Holy See on the Right
to Objection of Conscience
Pursuant to Basic Treaty (No. 326/2001 Coll.)
5 November, 2004
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,
Full Text
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
https://eurel.info/IMG/pdf/sl_obj-holysee.pdf