In defense of a general right to conscientious objection
DOI:
https://doi.org/10.20318/eunomia.2018.4342Keywords:
Keywords: Freedom of conscience, freedom of thought, conscience and religion, conscientious objection, human rights, public order., Freedom of conscience, freedom of thought, conscience and religion, conscientious objetion, human rights, public orderAbstract
Abstract: I advocate here the thesis that there is a general right to conscientious objection based on the freedom of conscience, which means it is possible for a person to invoke conscientious objection to avoid performing a legal obligation even though there is no legal provision expressly recognizing to do so. A general right to conscientious objection cannot be interpreted in absolute terms. Conscientious objection in a particular case can only be accepted if certain requirements are met. I also examine those requirements: particularly the need to hold genuine convictions or religious beliefs and protect public order and the rights of others. Finally, I claim it would be convenient to regulate the most relevant forms of conscientious objection, and some suggestions on the matter will be proposed.
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