Can You Refuse to Swear on the Bible in Court
In Ireland high public office is only for the religious, and our court organisation ignores the rights of atheists, despite the fact that nosotros pride ourselves on our human rights record and promote liberty of faith and conventionalities around the world.
I recently had to make an affidavit, and the solicitor asked me which religious book I wanted. I had to tell her, in a public office, that I did non want any religious volume every bit I was an atheist.
I was bellyaching and she was embarrassed when I told her that she was breaching my right to freedom of religion and conventionalities, by putting me in a position where I had to declare my atheism.
Thankfully this particular problem is about to end. The Civil Law and Criminal Law (Miscellaneous Provisions) Bill 2022 volition allow us to make affidavits without revealing our personal beliefs.
Just this simply a half stride towards removing all religious oaths from State activities. Witnesses in court must withal swear on the Bible or publicly pass up to do so. Every bit well as having their rights breached, they could also be victims of bias.
This bigotry is so widespread that it goes unnoticed. The Electoral Act obliges those who are challenged while voting to swear on a Bible or publicly pass up to practise so. It also spreads beyond individual incidents into affecting the careers of public office holders.
Imagine the outcry if any public office holder had to swear that in that location was no god?
Eamon Gilmore became tánaiste in 2011. Despite existence on tape equally not believing in a god, he had to swear a religious oath against his conscience or resign. Equally tánaiste he was constitutionally obliged to be a member of the Council of State, and to swear this religious oath.
Constitutional obligation
The taoiseach, tánaiste, chair of the Dáil and Seanad, and chaser general, are all members of the Council of Land. This means that a conscientious atheist cannot have these positions. Judges and the president are also constitutionally obliged to swear a religious oath.
Imagine the outcry if any public office holder had to swear that there was no god? Everybody would realise that this would exist a breach of their rights. But in that location is a bullheaded spot when the discrimination is the other way around.
Atheist Republic of ireland has raised this issue at the Un Homo Rights Committee. The Un has asked Ireland to concord a plebiscite. But our Land delegation never responds to the Un about this, and the recent plan for government includes no commitment.
The European Court of Human Rights has consistently plant that the right to liberty of religion and conventionalities is one of the foundations of a democratic society. The court has also held that the correct to manifest your religion or belief has a negative aspect.
This means that the Land cannot oblige you to disclose your religion or beliefs. Nor can it oblige you to act in such a way that it is possible to conclude that yous hold, or practice not hold, religious beliefs. That is intervening in the sphere of your freedom of conscience.
Religious beliefs
The concluding census showed one in ten Irish people had no religious beliefs. And that was despite a leading question that artificially increased the number of religious people. Why do our politicians not care well-nigh protecting the rights of this substantial minority?
It is central to democracy that all citizens are treated as regardless of our religious or non-religious beliefs
At that place is no need for an oath in court. The judge should simply tell people that they are legally obliged to tell the truth, and that it is a crime to not do so. The constabulary should deal with the consequences of our actions, not our beliefs about supernaturalism.
Public office holders should make a declaration that they will impartially uphold the law, without revealing annihilation about their personal beliefs. Some citizens are taking this issue to the European Court, but we should set up the problem before being forced to practice and then.
Atheist Ireland has campaigned for a decade to stop these discriminatory oaths. It is fundamental to democracy that all citizens are treated as regardless of our religious or non-religious beliefs. The ending of religious oaths for affidavits is a welcome one-half-step in that direction.
Source: https://www.irishtimes.com/opinion/religious-oaths-must-be-removed-from-state-activities-1.4326762
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