Protecting Conscientious Choices in National Legislation and EU Non-Discrimination Law: The Case Study of Ireland

This paper seeks to unpack the EU non-discrimination law implications on the exercise of the right to conscientious objection in healthcare, taking Ireland's approach to conscientious objection in termination of pregnancy services as a case study. It will be argued that protection from discrimination on the grounds of religion or belief, as guaranteed by the Framework Directive 2000/78/EC, may become applicable in the context of employment of healthcare professionals. Thus, EU non-discrimination law, as implemented by the Member States, offers a degree of additional protection for employees who otherwise may or may not have a statutory right to conscientious objection. While a detailed analysis of the Framework Directive and the CJEU caselaw shows that the protection from discrimination in the case of conscientious objection in healthcare may be rather illusory, one area where non-discrimination law might considerably broaden the scope of protection are employers with a religious ethos.