CONSCIENTIOUS OBJECTION IN GERMANY

Based on the case law of the Federal Constitutional Court, this article describes the status of freedom of conscience in the German legal system. The only direct case of conscientious objection regulated by the constitution is that of military service. In accordance with the understanding of German fundamental rights doctrine, the protection of fundamental rights takes place at the level of ordinary legislation. Here, too, direct regulation is the exception (it concerns participation in an abortion, which no one may be forced to do). However, rights of refusal can arise in individual cases (albeit this is rather rare) on the basis of the application of the "radiating effect" of fundamental rights on the laws. The prerequisite, however, is that only the individual sphere of the holder of the fundamental right is affected.