| Description |
1 online resource (vii, 75 pages) |
| Series |
Brill research perspectives. Law and religion ; volume 1, 1 (2017) |
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Brill research perspectives. Law and religion ; v. 1, 1 (2017)
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| Contents |
Intro; Contents; Conscientious Objection and Human Rights:A Systematic Analysis; Abstract; Keywords; Introduction; I Conscientious Objection: A Clarification of Concepts; 1 Conscience; a Psychological and Moral Functions of Conscience; i Psychological Conscience; ii Moral Conscience; b The Mechanism of Moral Conscience; c Social and Religious Norms are Transcended through the Moral Sense Perceived by Personal Conscience; 2 Convictions (or Beliefs); 3 Forum Internum and Forum Externum; a Forum Internum; b Forum Externum; 4 Objection; II Conscientious Objection in Positive Law |
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1 Conscientious Objection as a Dutya In International and European Law; b In Domestic Law; 2 Conscientious Objection as a Right; a Refusal of Military Service; b Refusal of Abortion and of Certain Biotechnologies; c Refusal to Swear on the Gospels; d Refusal to Attend Religious Education Classes or to Take Part in Religious Activities; e Refusal to Reveal and Express One's Beliefs; f Refusal to Celebrate the Union of Two Persons of the Same Sex; g Refusal to Allow Hunting; h Refusal of Vaccination; III Evaluation Criteria of Conscientious Objection |
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1 Distinguishing whether the Refusal Comes from a Reasonable Person2 Distinguishing between Positive Manifestation and Negative Expression of Freedom of Conscience; a Positive and Negative Manifestations of Freedom of Conscience; i Positive Manifestation of Freedom of Conscience (or Positive Freedom); ii Negative Dimension of Freedom of Conscience (or Negative Freedom); iii Differences in the Scope of Interference Depending on whether it Aims at a Positive or Negative Manifestation; b Consequences of such Distinction; 3 Distinguishing between "Convictions" and "Personal Conveniences." |
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A Evaluation Criteria for the Quality of Beliefs (of the Motive of the Objection)b Evaluation Criteria for the Quality of the Objection; c Dealing with Personal Convenience and Other Opinions; 4 Distinguishing between "Moral Objection" and "Religious Objection"; a The Distinction between Moral Objection and Religious Objection; i Moral Objection; ii Religious Objection; iii Mixed Objections; b How to Recognize a Moral Objection (Based on Justice); i The Moral Objection should Aim to Respect what is Just and Good; ii The Commandment Objected to Derogates from a Right or a Basic Principle |
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Iii The Objection is Universalizableiv The Objection is about an Ethically Sensitive Question; 5 Distance between the Object and Motive of the Objection; a The Need for a Direct Nexus, and the Doctrine of the Double Effect; b The Need for a Close Nexus; 6 The Question of the Relationship with Nature; IV Rights and Obligations of the State; 1 Faced with a "Personal Convenience"; 2 Faced with a Moral Conviction or a Religious Belief; a Faced with a Moral Conviction; i The Objector cannot be Coerced nor Sanctioned |
| Summary |
To which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections. -- Source other than Library of Congress |
| Bibliography |
Includes bibliographical references (pages 74-75) |
| Notes |
Print version record |
| Subject |
Liberty of conscience.
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Conscientious objection.
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Conscientious objectors -- Legal status, laws, etc
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International law and human rights.
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POLITICAL SCIENCE -- Political Freedom & Security -- Civil Rights.
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POLITICAL SCIENCE -- Political Freedom & Security -- Human Rights.
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Liberty of conscience
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Conscientious objection
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Conscientious objectors -- Legal status, laws, etc.
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International law and human rights
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Gewissensfreiheit
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Menschenrecht
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Völkerrecht
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| Form |
Electronic book
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| ISBN |
9789004341609 |
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9004341609 |
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