Denial Of Military Service In Spain As A Responsible Act

The most common form of responsible protest in Spain, and the only one specifically mentioned in the Constitution, is to be a conscientious objector.

Your consciousness is your built-in, moral compass. You might also think of it as a place where you store your principles and values. Therefore, when people say you should let your consciousness be your guide when you have to make a decision, they therefore say that the decision will be a reflection of who you really are.

Therefore, if you make a decision that goes against your consciousness, you are doing something contrary to everything you believe in. It is this idea that leads to the concept of being a conscientious objector.

What is a military conscientious objector?

Being a conscientious objector is the personal opposition to a legal requirement or obligation. If the law goes against your morals and you choose not to obey, then you are a military conscientious objector.

It is important to keep in mind that there are certain standards that must be met before your decision can be considered a military denial and not just a sudden intrusion. Your action must be based on sincere beliefs. You can not just break the law and call yourself a military conscientious objector.

In general, if you are part of a well-known religious group that does not allow its members to join the military, for example, your opposition can be considered sincere.

The same goes for people who are attributed to certain schools of thinking that are accepted by a social group that is sensibly integrated into society. Throughout history, the most frequent cases of military denial are the following:

• To refuse to be part of the military or to refuse to express respect for the flag. 
• Reject the request to be a layman, swear an oath, or engage in religious acts.
• Refusing to work on holidays and / or refusing blood transfusions.
• Opposition to participating in the practice of abortions or refusing to provide assistance with abortion medicine.

What does the law say about being a conscientious objector?

The law as you know it is a set of rules and obligations that citizens have to obey. However, the strength of the law should not be based on fear of what will happen if one breaks it.

Instead, the strength of the law should lie in fairness or sensitivity to the role imposed. In other words, you must want to follow the law because it makes sense, not because you fear the consequences.

If citizens do not believe that the laws of the land are fair and sensible, it will be difficult to keep order. For example, if a legislator predicts that a group of people will reject a particular law because they believe it is amoral, one has to strive for an alternative course of action.

Controlling people is not the same as running on a machine. Humans are rational and conscious beings, so they can actively participate in striving for a common goal.

Military denial in the Spanish Constitution

In Spain, the only form of responsible protest in the constitution is for the military. The Board of the Constitution of Spain recognizes that responsible objections, at times, have their place in other contexts.

As a result of a proposed resource against the law on abortion, the Constitutional Board of Spain stated that it is not strictly necessary to regulate responsible protest in order to protect it in cases other than the military.

The most current case of responsible resistance was in June 2015. The Constitutional Board took a decision on 25 June 2015 on responsible resistance regarding the administration of abortion drugs and contraceptives.

Their decision put forward the idea that responsible protest needs the backing of a specific law to be practiced, at least related to issues as sensitive as abortion. 

According to responsible protest, your consciousness is the first basic rule to assess the morality of your actions. However, this is not the last basic rule. This is important because the last basic rule in assessing morality is reality.

In other words, just as you should follow your consciousness when making decisions, you also need to adapt your beliefs to reality. Never stop honing your moral and ethical sensibilities.

Have an open dialogue with other people. Read a lot. Try objectivity and openly observe what is going on around you. These practices will make you a better and fairer person.