Refusal to Provide the Service Due to the Freedom of Conscience and Religion of the Service Provider in Poland
- Institution: University of Gdansk
- ORCID: https://orcid.org/0000-0003-1348-174X
- Year of publication: 2019
- Source: Show
- Pages: 385-393
- DOI Address: https://doi.org/10.15804/ppk.2019.06.28
- PDF: ppk/52/ppk5228.pdf
The article presents the problem of refusal to provide a service due to the service provider’s freedom of conscience and religion. In practice, it raises many problems. Protection resulting from the Article 138 of the Code of Petty Offenses was aimed at preventing discrimination against people who want to use the services provided by professionals. In 2019 the content of this provision has been changed by a decision of Polish Constitutional Tribunal (case No. K 16/17). The author claims that the invocation of professed principles of faith and conscience should not automatically be regarded as discrimination. The prohibition of forcing to act contrary to the conscience or professed principles of faith is an emanation of human dignity.