The recent amendment to the Pharmacy Services Act, which abolished the right to conscientious objection for pharmacists, has reignited professional and public debate concerning this constitutional right. The right to conscientious objection, which is regulated by the lex generalis Health Services Act and recognised in the context of military service and defence, is now explicitly addressed with respect to pharmaceutical services. This legislative development has aligned pharmacists, as a professional group, with physicians, for whom the right to conscientious objection is regulated by the sector-specific Medical Services Act. However, pharmacists now also find themselves in a significantly different legal position compared to physicians and other healthcare professionals, as their lex specialis statutory legislation explicitly prohibits the exercise of conscientious objection for their profession. This raises numerous constitutional and legal issues and broader questions regarding the relationship between employees’ professional obligations and other personal duties within the employment context. It also focuses on various dimensions of the conduct of employees and employers concerning conscientious objection and the broader concept of freedom of conscience and pluralistic workplace environments.

Rights