Nicolaus Copernicus Superior School

Open seminar “The right to conscientious objection in Poland”

“The right to conscientious objection in Poland” was the topic of an open seminar by Dr. Marcin Olszówka, Assistant Professor at the College of Legal Sciences at the Nicolaus Copernicus Superior School, held on February 13, ten years after the Constitutional Court’s verdict K 12/14. 

Just before the 2015 parliamentary elections The Constitutional Court in full session handed down a verdict in which it ruled unconstitutional some of the restrictions within the law for the use of conscientious objection by doctors. In its reasoning, The Constitutional Court explained extensively and thoroughly what the right to conscientious objection is, stressing that it is an integral element of freedom of conscience. Thus, the right to conscientious objection is a human right, not a privilege granted by the legislature (politicians) to certain professional groups. 

The judgment of the Constitutional Court of October 7, 2015, has undoubtedly significantly raised the constitutional standard of protection of freedom of conscience in Poland. Although one of the constitutional duties of public authorities is to comply with general law and respect inherent human freedoms and rights, legislative actions and the practice of applying the law do not always remain consistent with the will of the legislator. 

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