The (Im)Possibility of Exercising the Constitutional Right to Conscientious Objection by Catholic Religious Legal Entities

Abstract

From the very beginning, human existence has been marked by transcendental thought, in which the creation of man and the world, depending on individual belief, derives from a higher being. The intimate relationship between the individual and the divinity shapes human identity, as well as ethical and moral values, since it presupposes obedience to divine laws, even though free choice has been given to those who seek divine grace or downfall.

It is evident that belief in the transcendent is inseparable from the human soul and, therefore, considered a fundamental right, whose protection is enshrined in the constitutional text, ensuring its inviolability and conscientious objection in the fulfillment of a duty contrary to the precepts of religious belief.

However, although the Federal Constitution has guaranteed the right to conscientious objection to individuals, it is noted that this right is not applicable to legal entities, since it is directly linked to the inviolability of the individual’s conscience, that is, the ability to live in accordance with one’s own conscience.

Nevertheless, there are certain legal entities of a confessional nature whose institutional purpose is determined by doctrine, which is in accordance with their values of faith, morality, ethics, principles, and purposes, where the fulfillment of a duty would violate the rules of faith, as is the case with Catholic confessional institutions.

Thus, in this work, the possibility or impossibility of exercising the constitutional right to conscientious objection by Catholic confessional legal entities will be analyzed.