Church defends freedom of conscience: Abp Mamberti

January 17, 2013: Speaking about recent rulings by the European Court of Human Rights, Archbishop Dominique Mamberti, Vatican’s secretary for Relations with States said that states that ban individuals and institutions from exercising conscientious objection in the name of freedom and pluralism could open the door to intolerance and forced uniformity. He was talking with Vatican Radio on Wednesday about two cases involving the right of two workers to wear a cross around the neck in their workplace and the right of two other employees not to perform civil unions or provide counselling to gay couples.

"The Church seeks to defend individual freedoms of conscience and religion in all circumstances, even in the face of the 'dictatorship of relativism'," which tends to impose a "new social norm" and "undermine the foundations of individual freedom of conscience and religion," this according to Archbishop Mamberti, who spoke about recent rulings by the European Court of Human Rights in four cases involving freedom of conscience and religion in the United Kingdom, which by their very nature transcend national boundaries.

Archbishop Mamberti addressed the need of respect for freedom of conscience regarding morally controversial subjects, such as abortion or homosexuality, saying that respect for freedom of conscience and religion is a condition for the establishment of a tolerant society in its pluralism. He warned that the erosion of freedom of conscience is symptomatic of a form of pessimism with regard to the capacity of the human conscience to recognize the good and the true. The Archbishop went on to say that it is the Church’s role to remind people that the true source of human freedom is found in the ability of each and every person to distinguish good from evil, and an obligation to act in accord with those determinations.

Asked about the context of a Note on the Church’s freedom and institutional autonomy, issued some time ago by the Holy See’s Mission to the Council of Europe in connection with two cases currently before the European Court of Human Rights involving the Orthodox Church of Romania and the Catholic Church (the Sindacatul “Pastorul cel Bun” versus Romania and Fernandez Martinez versus Spain cases), Archbishop Mamberti explained that the note was prepared in order to explain the official Church teaching on her freedom and institutional autonomy. The Note does so, on the basis of four principles: 1) the distinction between the Church and the political community; 2) freedom in relation to the State; 3) freedom within the Church; 4) respect for just public order.

Archbishop Mamberti notes that the juridical principle of the institutional autonomy of religious communities is widely recognized by States which respect religious freedom, as well as by international law. “In both cases,” he said, “the rights to freedom of association and freedom of expression were invoked in order to constrain religious communities to act in a manner contrary to their canonical status and the Magisterium (the Church’s official teaching authority).” Archbishop Mamberti said that these cases call into question the Church’s freedom to function according to her own rules and not to be subject to civil rules other than those necessary to ensure that the common good and just public order are respected. “The Church,” he explained, “asks that religious communities in general be recognized as spaces for freedom, by virtue of the right to religious freedom, while respecting just public order.” The full text of the interview and the Note follow.