Should conscientious objection be a defence to breach of equality law - Essay Example

Should Conscientious Objection Be A Defence To Breach of Equality Law? With reference to legal writings, it is d that the basis for equality law is pegged on the fact that the State needs to do more to protect its citizens, which is a contrast to human rights law that is perceived to be pegged on the fact that the State is participating in the oppression of its citizens.1 The same legal writings further noted that the genesis of the equality law is entwined with the implementation of Anti-Racism laws that were first enacted in the 1960s in the United States under the wider scope of the US Civil Rights Act of 1964.

The Anti-Racism laws, which are a reflection of the equality law were designed to provide a remedy to the failure by the State to not do enough to protect disadvantaged member of the society.2 The United Kingdom’s Equality Act of 2010, which is part of the wider anti-discrimination laws of Great Britain, is based on the premise of the State impacting upon the UK society through legislation to educate and instruct individuals as well as institutions on how to act during public interactions.3 The Equality Law simply requires citizens to be blind on differences to do with sexuality, race, gender, and age.

Secondly, it requires citizens to be deaf on differences arising from belief or religion. However, under the concept of conscientious objection, there are seemingly exceptions to the adherence of the equality law.4Conscientious objection has been described as “a refusal on religious or moral grounds to engage in military conflict or even serve in the armed forces.”5 A conscientious objection is normally based on religious beliefs that are obtained from trainings and must be highly upheld.

A conscientious objector must prove that the newly acquired ethical and moral convictions are what direct his or her life choices. Under the English law, there are only three instances where there are legal rights to objections based on conscientious objections. These instances comprise of abortion cases, application of technological process in achieving conception/ pregnancy, and in services of the armed forces.6 Other cases examples on the application of conscientious objections are when a pharmacists declines to administer emergency contraceptives owing to his religious beliefs or when an employee breaks health and safety rules or dress codes or displays religious symbols at the work place, which is an infringement upon the rights of others.

Based on the above review, conscientious objection should not be used as defence for breaching the equality law since it will provide a loophole for discriminating against others. For example, if a priest refuse to conduct ceremonial marriage of same-sex partners based on religious grounds then he will have violated equality law that require persons to be blind on differences of sexuality and deaf of religious differences. The statement that the equality law was designed to ensure equal protection in areas where the State was not doing enough, reaffirms this argument.

Therefore, the use of conscientious objection as a defence for breaching equality law ‘waters-down’ the full force of the equality law and it creates loopholes for people to discriminate against others based on religious beliefs and trainings.7 ReferencesGreat Britain, Equality Act 2010, Part 15. London, UK, Stationary Office, 2010 Schinkel, A. Conscience and Conscientious Objections. Amsterdam: Pallas, 2007Takemura, H. International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders.

Berlin: Springer, 2009.Wadham, J. Ruebain, D. and Uppal, S. Blackstone’s Guide to the Equality Act 2010. Oxford, UK; Oxford University Press, 2012.