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Journal articles on the topic 'Conscience – Religion'
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Nazarieh, Mehrdad. "How religion influences conscience." Clarion- International Multidisciplinary Journal 7, no. 2 (2018): 84. http://dx.doi.org/10.5958/2277-937x.2018.00029.1.
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MICHEL, Patrick. "Internationalisation, conscience nationale, religion." Social Compass 41, no. 1 (March 1994): 35–45. http://dx.doi.org/10.1177/003776894041001004.
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Hordern, Joshua. "Religion, culture and conscience." Medicine 48, no. 10 (October 2020): 640–43. http://dx.doi.org/10.1016/j.mpmed.2020.07.007.
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Melnykova, Dariia. "Relevant Problems of the Correlation Between the Concept and Content of the Right to Freedom of Conscience and Religion." Journal of Legal Studies 27, no. 41 (May 26, 2021): 44–58. http://dx.doi.org/10.2478/jles-2021-0004.
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Abstract The right to freedom of conscience and religion is a fundamental natural right, which is enshrined in international legal acts and acts of national legislation. At the same time, the different regulation of the mentioned right in distinct acts attracts attention. Variations include the “right to freedom of thought, conscience and religion”, “the right to freedom of conscience and confession” etc. This article analyzes all cases of terminological regulation of the right to freedom of conscience and religion. The content of each of the categories is analyzed, due to which the concept of the right to freedom of conscience and religion is defined and a clear distinction is made between each of the categories. Along with this, the interaction of the content and the concept of the right to freedom of conscience and religion is established. Based on the research conducted within the article, the most successful concept for expressing the content of the right to freedom of conscience and religion is determined. The article also analyzes the rulings of the European Court of Human Rights on the vision of the content and concept of the right to freedom of conscience and religion.
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Aguilon, Claire. "Gouvernance de la religion et liberté de conscience." Studia z Prawa Wyznaniowego 20 (December 29, 2017): 135–66. http://dx.doi.org/10.31743/spw.262.
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La religion est souvent conçue comme une limite à la liberté de conscience. Cependant, du point de vue de la philosophie de la religion, il est nécessaire de souligner l'importance de l'adoption de la démocratie, qui reconnaît la liberté de conscience comme un moyen mais aussi comme finalité du pouvoir politique, en tant que principe de gouvernement. La limitation de la liberté de conscience par la religion peut être expliquée, sur le plan anthropologique, par la fonction dentitaire assurée par la religion. Néanmoins, la religion, pouvant exister sans être acceptée par tous, n'implique pas en elle-même une telle contrainte. Au-delà de la preuve d'une possible coexistence de la religion et du pluralisme politique, la religion implique intrinsèquement la reconnaissance de la liberté de conscience, résultant de la condition humaine elle-même. En retour, la foi en la valeur égale de la conscience de chaque être humain apparaît comme une motivation de la consécration juridique de la liberté de conscience.
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Babii, Mykhailo. "Religious Tolerance, Freedom of Conscience, Freedom of Religion and Belief in the period of Establishment of Christianity." Religious Freedom, no. 24 (March 31, 2020): 10–19. http://dx.doi.org/10.32420/rs.2020.24.1783.
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The author examines the process of establishment of Christian understanding of freedom of conscience and freedom of religion and tolerance. In doing so, he draws on the achievements of the Greek and Greek-Roman traditions of interpreting freedom of conscience. The time of late antiquity accounts for the time of organizational establishment and strengthening of the new religion - Christianity. Describing this period, the author notes the presence of a variety of cults and sects in which foreign gods (in particular, Egyptian and Iranian) were worshiped. In this situation, individuals were free to choose their faith and satisfy their personal need for spiritual connection with God or gods. Against the background of the fall of the authority of ancient religions, the emergence and strengthening of the Emperor cult Christians seek recognition by the authorities, the equation of rights. After all, Christianity becomes a state religion. At this time, a new religious paradigm was emerging that could be a factor in the multi-ethnic, multi-tribal, or multilingual unity of the Roman Empire. The tendency of growing interest in monotheistic, in particular Jewish, religion became noticeable: the idea of one and all-pervading God was opposed to ancient polytheism.
The article reveals the peculiarities of the Christian understanding of freedom, which underlies the inner personal spiritual freedom bestowed by God. Christianity the first formulated the idea of freedom of religious conscience as freedom to choose religion. In addition to the individual dimension of freedom of conscience, Christianity has actualized the community's right to freedom of religion, freedom of outside religion, and worship. At the same time, it theoretically substantiated these rights and practically required its observance by the authorities.
The legitimacy of the affirmation of the principle of freedom of religious conscience is the Milan edict of 313, which opened the union of the Christian church and the state, as well as the constitutionalization of the Christian church as a state church. This provoked persecution on religious grounds and the struggle of different movements, both within Christianity and beyond, for the right to freedom of religion, the free expression of their religious beliefs.
Christianity significantly influenced the evolution of ideas about freedom of conscience, becoming the semantic nucleus of its modern understanding. However, early Christianity proved to be a force that, in the struggle for its claim, was repeatedly harassed, but also resorted to persecution of dissenters, showing intolerance to other worldviews and religions.
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O’Regan, Cyril. "Newman on Natural and Revealed Religion." American Catholic Philosophical Quarterly 94, no. 1 (2020): 159–86. http://dx.doi.org/10.5840/acpq20209412.
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This essay reflects on Newman’s famous analyses of natural and revealed religion and their relation in the tenth and final chapter of the Grammar of Assent. There are two lines of reflection, the first internalist, the second externalist. On the first front, the essay draws attention to how conscience plays a foundational role in Newman’s discussion of natural religion and how it helps to distinguish it from the “religion of civilization,” which Newman considers to be a rationalist substitute for the real religion. If natural religion is structurally grounded in conscience, it is historically illustrated in paganism and primitive religions to the extent to which these come to light in the modern age. Crucially, natural religion has significant content that is endorsed and recalibrated in revealed religion. It uncovers God as Judge and discloses humanity both to be under judgment and hoping for reconciliation through a mediator. The second and more externalist line of reflection draws attention to how Bishop Joseph Butler’s classic Analogy of Religion (1736) provides the basic frame for Newman’s reflection on natural and revealed religion and their relation.
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Tollefsen, C. "Conscience, Religion and the State." American Journal of Jurisprudence 54, no. 1 (January 1, 2009): 93–115. http://dx.doi.org/10.1093/ajj/54.1.93.
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Lantos, John D., and Farr A. Curlin. "Religion, conscience and clinical decisions." Acta Paediatrica 97, no. 3 (February 19, 2008): 265–66. http://dx.doi.org/10.1111/j.1651-2227.2008.00674.x.
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Domingo, Rafael. "RESTORING FREEDOM OF CONSCIENCE." Journal of Law and Religion 30, no. 2 (May 4, 2015): 176–93. http://dx.doi.org/10.1017/jlr.2015.5.
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AbstractThis paper argues that secular legal systems need a better defined space for freedom of conscience because this important right has been crowded out by both freedom of religion and freedom of thought. Based on the principles of the Protestant Reformation, American constitutionalism expanded the idea of freedom of conscience to the point of making it almost interchangeable with freedom of religion. On the other hand, international law, followed by European constitutional law, reduced the political force of the concept of freedom of conscience by assimilating it to freedom of thought. And yet freedom of conscience cannot be treated just the same as either religious freedom or freedom of thought. By nature, the secular legal systems of political communities are moral, but nonreligious. So morality and religion affect legal systems in different ways. For this reason, freedom of conscience and freedom of religion should be protected using different legal devices. The so-called privilege of abstaining (beneficium abstinendi) best protects freedom of conscience; freedom of religion, by contrast, is appropriately protected by what I call the religious exception (exceptio religiosa). The consequences of applying these legal tools in particular cases, and their proper scopes, depend on the constitutional model of the political community in question. But in general, an increasingly globalized, diverse, and multicultural society demands a wider application of both these legal tools.
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Kravtsova, M. O., T. K. Datsiuk, and O. I. Filipenko. "LEGAL GUARANTEES OF FREEDOM OF CONSCIENCE AND RELIGION IN UKRAINE." Actual problems of native jurisprudence 5, no. 5 (October 2021): 3–9. http://dx.doi.org/10.15421/392191.
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The article identifies the main Ukrainian and international legal acts, which enshrine legal guarantees of freedom of conscience and religion. In particular, these rights are guaranteed by the European Convention on Human Rights, the Universal Declaration of Human Rights and Freedoms, the UN Charter, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and a number of other acts. The legal consolidation of the rights of freedom, conscience and religion in the Constitution of Ukraine and the Law of Ukraine "On Freedom of Conscience and Religious Associations" is considered, the bodies responsible for normative-legal and legislative regulation of legal provision of freedom of conscience and freedom of religion in Ukraine are determined. It was found that the mechanism of protection of freedom of conscience and freedom of religion is a system of effective legal means of implementation, protection and defense of freedom of conscience and freedom of religion in general and its individual elements (opportunities) enshrined in the laws of a particular state. The assessment of normative legal acts showed that the issues of uncertainty in the conceptual apparatus used in the regulation of the religious sphere remain unresolved; uncertainty in the subjects of religious relations, their rights and responsibilities; unequal legal status of religious groups and religious organizations; the degree of state intervention in state-church relations. The concepts and elements of the mechanism of legal provision of freedom of conscience and freedom of religion of the person in Ukraine are defined.The criteria for classification of legal remedies for freedom of conscience and freedom of religion, which include national remedies and public institutions, are analyzed. It is concluded that the state policy in the field of protection of freedom of conscience should be aimed at finding an effective organization of the system of public administration and control. To this end, it is necessary to specify and clearly delineate the powers of public authorities of Ukraine and public authorities, officials and specialists of various bodies of public administration, control and supervision in the field of protection of freedom of conscience.
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de Krey, Gary S. "Rethinking the Restoration: Dissenting cases for conscience, 1667–1672." Historical Journal 38, no. 1 (March 1995): 53–83. http://dx.doi.org/10.1017/s0018246x00016289.
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ABSTRACTOn what religious and political grounds did restoration nonconformists argue for ‘ease to tender consciences’, and what did they mean by conscience? These questions are central to any evaluation of nonconformist political thought in the early restoration. Such dissenting thinkers as Slingsby Bethel, John Humfrey, Philip Nye, John Owen, William Penn, and Sir Charles Wolseley authored arguments for conscience during the intense debate about the restoration church settlement that occurred between 1667 and 1672. This essay outlines four different cases for conscience to which these arguments contributed. Two of these cases reconciled claims for conscience with the ecclesiastical authority of the monarch. Two other cases for conscience challenged the traditional religious authority of the crown.Should any or all of these arguments for conscience be considered radical arguments? The answer to this question requires a definition of the term ‘radical’ – one that is appropriate for the late Stuart period. The grounds upon which early restoration advocates of conscience accepted an indulgence under the royal prerogative in 1672 are also explained.The essay addresses the historiography of the restoration by considering Christopher Hill's and Richard Ashcraft's views about dissenting thought. It also proposes that the 1667–72 debate about the state and religion raised so many critical issues as to constitute an early restoration crisis about conscience.
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Steen, Jane. "Women's Ordination in the Church of England: Conscience, Change and Law." Ecclesiastical Law Journal 21, no. 3 (September 2019): 289–311. http://dx.doi.org/10.1017/s0956618x1900067x.
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Women's ordination raised issues of conscience across church traditions. The Church of England's statutory legal framework prevented these issues being confined to the Church; they were also played out in parliamentary debate. The interface between law and conscience has, however, considerable historical and contemporary resonance, as well as sound theological pedigree. This article therefore considers the place of conscience in legal and philosophical thought before the Enlightenment. It looks at norms of conscience in Roman Catholic and Church of England liturgical use. On a broader canvas, it looks at the interplay between thought, conscience and religion in human rights case law. The article suggests that a consensus of thought which sees the dictates of conscience as founded in, and inseparable from, the teachings of religion begins to break down in the early seventeenth century. Yet human rights courts find themselves deciding cases of conscience or religion where conscience and religion are often intertwined and where the external manifestation of one is governed by the inner promptings of the other. Such difficulties are not limited to the human rights courts but also play out in debates pertaining to ordination. While the North American churches sought to deal with issues of conscience head on, the Church of England very carefully avoided the language of conscience in its early discussions of women's ordination, conscious, it seems, of a lack of consensus around its meaning and source. As the women's ordination debates developed, arguments of conscience were often deployed more by those opposed to the move than those who supported it. Conscience became as much the locus of pain caused by another's action as it was an inner faculty for self-guidance. Its valence shifted from an intellectual to an emotional category.
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Kyrychenko, Yuriy, and Hanna Davlyetova. "Theoretical-legal aspects of constitutional regulation of the right to freedom of opinion and religion in Ukraine and the countries of continental Europe." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 15–20. http://dx.doi.org/10.31733/2078-3566-2020-2-15-20.
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The article explores the constitutional practice of normative regulation of the right to freedom of thought and religion, enshrined in Art. 35 of the Constitution of Ukraine and in similar norms of the constitutions of the states of continental Europe. The necessity to state the stated norm in the new version is substantiated. It is determined that the right to freedom of worldview and religion, which is enshrined in Art. 35 of the Constitution of Ukraine, relates to civil rights of man and citizen and consists of three basic elements: freedom of thought, freedom of conscience and freedom of religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious cults and rituals, as well as to conduct religious activities. It is noted that in the states of continental Europe the constitutional and legal regulation of the right to freedom of opinion and religion is implemented differently. Thus, in the constitutions of Andorra, Bulgaria, Bosnia and Herzegovina, Armenia, Georgia, Estonia, Lithuania, Macedonia, Romania, San Ma-rino, Serbia, Czech Republic and Montenegro, the analyzed law is enshrined along with other human rights. In other constitutions of European states, the law under study is formulated in a separate article. It is stated that the constitutions of European states use unequal verbal designations of this right. In particular, such terminological expressions as "freedom of conscience and religion", "freedom of cults", "freedom of conscience, religion and other beliefs", "freedom of conscience and religion", "freedom of conscience", "freedom of religion and worship", " freedom of religion ”,“ freedom of choice of religion ”,“ freedom of conscience, religion and worship ”,“ freedom of religion and conscience ”,“ freedom of religious beliefs ”, which differ but have much in common. The expediency of deleting the term “freedom of world outlook” from Part 1 of Art. 35 of the Constitution of Ukraine and the consolidation of the term "freedom of conscience", which in its content, first, covers a broad sphere of spiritual, world-view of human being, and second, acts as the freedom of choice and assertion of the individual in the system of religious coordinates. It is proposed taking into account the European experience of constitutional and legal regulation of the right to freedom of opinion and religion of the provision of Art. 35 of the Constitution of Ukraine shall be read as follows: “Everyone has the right to freedom of conscience and religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious or ritual rites alone or collec-tively, to conduct religious activities. The exercise of this right may be restricted by law only in the interests of public order, the health and morals of the population, or the protection of the rights and freedoms of others. Churches and religious organizations in Ukraine are separated from the state and the state education system from the church. No religion can be recognized as binding by the state. Churches and religious organizations are equal before the law. It is forbidden to compel a person to choose and profess any religion or belief, to participate in re-ligious and ritual ceremonies or activities of a religious organization and to receive religious education.”
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Rudakov, A. M. "Realization of other convictions by convicted minors: organizational and legal aspects." Institute Bulletin: Crime, Punishment, Correction 13, no. 1 (May 13, 2019): 110–15. http://dx.doi.org/10.46741/2076-4162-2019-13-1-110-115.
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In the article the author actualizes the problem of narrow interpretation of the realization of the freedom of conscience and freedom of religion. The Federal Law “On Freedom of Conscience and Religious Associations”, Penal Code of the RF regulates the implementation of exclusively religious beliefs. Other convictions (political, philosophical, ideological) are mentioned in legal acts regulating various spheres of social relations, but without a single legal mechanism remain declarative. The author analyzes two directions of realization of freedom of conscience and freedom of religion by convicted minors: religious and non-religious and justifies the need to enshrine in the penal legislation an expanded interpretation of freedom of conscience and freedom of religion, the possibility of restricting them, providing for a system of protective norms; as well as political information and ideological education of minor convicts. As part of the study an interdisciplinary study of the conceptual apparatus and legal thesaurus of public relations on the implementation of freedom of conscience and freedom of religion by convicted minors serving a sentence of imprisonment was conducted, the essence of the legal terms used was investigated, aspects of the legislative technique, international standards for the treatment of convicts were investigated; there are formulated proposals to improve the legal and organizational framework for the implementation of freedom of conscience and religion of minor convicts.
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Moon, Richard. "The Conscientious Objection of Medical Practitioners to the CPSO’s “Effective Referral” Requirement." Constitutional Forum / Forum constitutionnel 29, no. 1 (April 17, 2020): 29–37. http://dx.doi.org/10.21991/cf29403.
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The term “conscience” is used in two different ways in discussions about religious freedom. Sometimes, conscience is contrasted with religion. Freedom of conscience, in contrast to freedom of religion, is concerned with the protection of fundamental beliefs or commitments that are not part of a religious or spiritual system.1 Together, freedom of conscience and freedom of religion protect the individual’s most fundamental moral beliefs or commitments.2
Other times, though, the term “conscience” refers to a particular kind of accommodation claim. In most religious accommodation cases, an individual or group seeks to be exempted from a law that prevents them from engaging in a religious practice — for example, from wearing religious dress or keeping religious holidays. In conscientious objection cases, how- ever, the individual asks to be exempted from a law that requires them to perform an act that they regard as immoral or sinful. In many of these cases the claimant asks to be excused from performing an act that is not itself immoral, but supports or facilitates what they see as the immoral action of others, and so makes them complicit in this immorality. In this comment I will focus on this second use of the term conscience, and more particularly the conscientious objection claim made by some medical practitioners in Ontario to the requirement that they provide an effective referral to another doctor when they are unwilling, for moral or religious reasons, to perform a particular medical procedure(...)
1 The term “freedom of conscience” was once used interchangeably with freedom of religion to refer to an individual’s freedom to hold beliefs that were spiritual or moral in At this earlier time the moral beliefs of most individuals were rooted in a religious system. Freedom of conscience, though, is now viewed as an alternative to, or extension of, freedom of religion.2 However, as I have argued elsewhere, the conscience part of section 2(a) is seldom raised before the courts and may have very little practical See Richard Moon, “Conscience in the Image of Religion” in John Adenitire, ed, Religious Beliefs and Conscientious Exemptions in a Liberal State (Oxford: Hart, 2019) 73.
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Kislowicz, Howard, Richard Haigh, and Adrienne Ng. "Calculations of Conscience: The Costs and Benefits of Religious and Conscientious Freedom." Alberta Law Review 48, no. 3 (March 1, 2011): 679. http://dx.doi.org/10.29173/alr147.
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This article examines the Supreme Court of Canada’s cost-benefit analysis of freedom of conscience and religion guaranteed by s. 2(a) of the Canadian Charter of Rights and Freedoms in Alberta v. Hutterian Brethren of Wilson Colony. The article finds that while the Supreme Court’s reasoning was ultimately flawed, its use of cost-benefit analysis may be a positive development in the freedom of religion framework. The article also looks at the Court’s treatment of the freedom of conscience guarantee in relation to freedom of religion. The article suggests that this treatment may foreshadow a more uniform approach to the broader freedom of conscience and religion than was provided for in previous decisions.
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Astramowicz-Leyk, Teresa, and Yaryna Turchyn. "Ochrona prawna wolności myśli, sumienia i wyznania." Przegląd Prawa Konstytucyjnego 72, no. 2 (2023): 193–205. http://dx.doi.org/10.15804/ppk.2023.02.14.
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Freedom of thought, conscience and religion is one of the fundamental freedoms of individual, which has to be and is protected by international and national law, as shown on the example of the Polish Constitution. Freedom of conscience includes both the right of individual to choose the worldview and the right to change it. Freedom of religion ensures the right to express and manifest the views and convictions on religion individually and collectively, privately or publicly. Considering derogation of freedom of thought, conscience and religion, international law states that it may be restricted, but only in specific circumstances and under the legal act. The Polish Constitution is in line with international law in terms of restricting the above freedom.
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Tokrri, Renata. "The Fictitious Constitution of People's Republic of Albania (1946)." Mediterranean Journal of Social Sciences 15, no. 3 (May 5, 2024): 31. http://dx.doi.org/10.36941/mjss-2024-0020.
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In 1946, in Albania, the Constitution of the People's Republic came into force (reworked in 1950). This Constitution recognized a series of rights and freedoms, such as that of expression, of the press, of assembly, of association, the right to publicly express one's thoughts, freedom of religion, of conscience, etc. Despite the explicit provisions on religion and conscience, the communist regime began a real ideological battle to repress religious sentiment. The State adopted persecutory policies against religions. Persecutions which they pursued in the light of the Fundamental Charter with the aim of eradicating religions from the souls of Albanians. Without taking into consideration that beyond the feelings rooted in each person, beliefs were part of customs and customs. For this reason, anti-religious policy begins with the weakening of the clergy and then proceeds with state atheism. This was only the beginning of the Albanian nightmare, against religion and consequently against all religious communities located in the country. Received: 10 March 2024 / Accepted: xx April 2024 / Published: 5 May 2024
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Vataman, Dan. "The Legal Framework for Protecting the Right to Freedom of Thought, Conscience and Religion in Romania as a Member State of the European Union." World Journal of Social Science Research 6, no. 1 (December 24, 2018): 9. http://dx.doi.org/10.22158/wjssr.v6n1p9.
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<em>The freedom of thought, conscience and religion constitutes nowadays a basic right of individuals for determining their perception of human life and society, which is why it represents a necessary requirement for all democratic societies. Taking into account that violations of the right to freedom of thought, conscience and religion may exacerbate intolerance and often constitute early indicators of potential violence and conflicts, the aim of this study is to raise public awareness on the fact that this freedom is a fundamental right of every human being, a right that needs to be protected everywhere and for everyone. For this purpose, the analysis is focused, in a first stage, on clarifying the essential features of the right to freedom of thought, conscience and religion so that, in a second stage, to be presented the European and Romanian legal frameworks for protection of the right to freedom of thought, conscience and religion. As a novelty, this study attempts to outline how it is implemented the right to freedom of thought, conscience and religion in Romania, highlighting achievements, but without trying to avoid weaknesses and the less pleasant aspects as it shown in US Department of State’s report.</em>
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Curlin, Farr A., Ryan E. Lawrence, Marshall H. Chin, and John D. Lantos. "Religion, Conscience, and Controversial Clinical Practices." New England Journal of Medicine 356, no. 6 (February 8, 2007): 593–600. http://dx.doi.org/10.1056/nejmsa065316.
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Scheinin, Martin. "Freedom of Thought, Conscience and Religion." Studia Theologica - Nordic Journal of Theology 54, no. 1 (July 2000): 5–18. http://dx.doi.org/10.1080/003933800750041485.
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Brushwood, David B. "Religion, conscience, and access to medications." Pharmacy Today 18, no. 11 (November 2012): 64. http://dx.doi.org/10.1016/s1042-0991(15)31621-2.
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Babiy, Mykhailo. "Freedom of conscience and freedom of religion: theoretical and practical dimensions." Ukrainian Religious Studies, no. 65 (March 22, 2013): 74–85. http://dx.doi.org/10.32420/2013.65.207.
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The proclamation of freedom of conscience and freedom of religion is one of the important achievements of mankind in the context of civilization development. The analysis of the historical temporal aspect of the development of freedom of conscience and freedom of religion testifies to the constant attention to these problems in the diversity of their manifestation. They (these problems) without exaggeration are some of the most important and relevant topics of philosophical, legal, religious, and theological discourse. Essential conceptual peculiarity of freedom of conscience and freedom of religion, their paradigmatic fundamentals, is devoted to a large array of scientific and theological literature, special studies.
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Mirzakhmedov, Abdirashid, Khurshid Mirzakhmedov, Sharif Aminov, and Gulnoza Tashbaeva. "On the issue of freedom of conscience." E3S Web of Conferences 389 (2023): 08002. http://dx.doi.org/10.1051/e3sconf/202338908002.
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This article examines the problem of the legal relationship of the state to religion, religious organizations and believers on the basis of the theoretical results of domestic and foreign scientific research. An analysis of the formation and development of modern materials on the problem of freedom of conscience and religious organizations in the sociolegal literature is presented. Protestantism laid the foundation for the idea of freedom of conscience, i.e., the religious freedom of the individual in the context of human rights. Avtorami suggests an interpretation of the definition of “conscience” and “freedom of conscience” through the prism of religion as the right of believers and analyses the current Law of the Republic of Uzbekistan and the CIS “On freedom of conscience and religious organizations” in the context of state-religious organization relations. Conscience as an ethical category has a purely personal character, expressing the inner spiritual and psychological "I", a sovereign spiritual phenomenon from the political and legal spheres of civil relations. The authors identify the problematic points in the regulation of relations between the rights and freedoms of believers to religion and associations in the legal acts of the country.
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KOLODNYI, Anatolii, and Liudmyla FYLYPOVYCH. "Freedom of religion in Ukraine: challenges during the russian-ukrainian war." Filosofska dumka (Philosophical Thought) -, no. 1 (March 6, 2023): 111–30. http://dx.doi.org/10.15407/fd2023.01.111.
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The article is updated by several circumstances, which the authors reflect on. In their opinion, there are 1) obvious and external threats — violations of freedom of conscience in the temporarily occupied Ukrainian territories, including Crimea, which arose as a result of the Russian-Ukrainian war, and 2) internally hidden and potential dangers for freedom of religions of Ukrainian citizens. The well-known examples of discrimination of believers of certain faiths in the so-called DPR-LPR and Crimea given by the authors are constantly updated. Relevant monitoring and analytical reports are prepared by both Ukrainian and international experts. They submitted these reports to international human rights organizations, including the rights for Freedom of Religion and Belief. Despite such convincing documented materials, separate accusations have recently appeared against Ukraine, which allegedly violates freedom of religion in the territory under its control. Some are trying to prove that Ukraine, taking advantage of the war situation and referring to the spiritual dangers for Ukraine from those religious organizations whose centers are in the aggressor country, threatens some churches, thereby violating the Constitution and the Law on Freedom of Conscience, which guarantee for all citizens, regardless of from their religious affiliation, freedom of religion. The authors refute these narratives lashed out by Russia and the Russian Orthodox Church. Such negative conclusions, which express concern about the situation in Ukraine regarding freedom of conscience and religion, influence on the world public, experts on issues of freedom of conscience, religious organizations, spoil the image of Ukraine as a country with high level of freedom of conscience even among European countries. Religious freedom, as the authors conclude, needs protection today, but they call for separating real threats from imaginary ones and clearly defining who persecutes, whom he/she persecutes and where persecutes. Ukraine is consistent in its intentions to protect the rights of people and communities, to protect the freedoms of believers and their organizations.
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Terletsky, R. V. "The concept of «freedom of religion» in contemporary legal and socio-political discourses." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 508–13. http://dx.doi.org/10.33663/2524-017x-2023-14-508-513.
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The article examines the problem of the need for a new interpretation of the concept of «freedom of religion» in modern legal and socio-political discourses. It is noted that every state, in the process of its development, in one way or another necessarily embodies universal, existential values in its legislation, enshrined not only in ancient sources that regulate relations between people, citizens and the state, but also in international acts. It was emphasized that after the restoration of Ukraine’s independence, laws on freedom of religion as a subjective legal right and religious organizations as a tool and system for meeting religious needs took an important place. It is noted that at the constitutional level, the right of every citizen to freedom of choice of worldview and religion is enshrined, which is more widely disclosed in the special law on freedom of conscience and religious organizations. A list of the main international treaties ratified by Ukraine, which deal with freedom of worldview and religion, as well as current laws of Ukraine, is given. Conclusions were made that: 1) in Ukraine, in order to ensure human rights to freedom of religion, a modern legal framework has been created, which is based on basic principles, which include, among others: a) the principle of equality of citizens regardless of their attitude to religion; b) the principle according to which no religion can be recognized by the state as obligatory; c) the principle of equality of all religions, denominations and religious organizations before the law; d) the principle of separation of the church and religious communities from the state; 2) the current legislation on freedom of religion and religious organizations needs clarification and improvement (in particular, in terms of strengthening state control over the activities of religious organizations). The possibility of using such definitions as «traditional religion» (religion), «non-traditional religion», «known religion», «unknown religion» etc. is indicated in the legislation of foreign countries. It was emphasized that Ukraine generally adheres to generally accepted international and European legislation in the field of ensuring freedom of conscience, religion and activities of religious organizations. In this sense, national legislation corresponds to European norms and is integrated into the global legal space. Key words: religion, freedom of religion, principles, freedom of conscience, principles of equality, worldview, religious organizations, church, traditional religion, non-traditional religion, state religion, totalitarian cults, extremism.
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Reyes, René. "Common Cause in the Culture Wars?" Journal of Law and Religion 27, no. 2 (January 2012): 231–71. http://dx.doi.org/10.1017/s0748081400000394.
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A significant body of legal academic writing produced in recent years has argued that one of the primary purposes of the First Amendment's Religion Clauses was to protect freedom of conscience. But in the two decades since the Supreme Court's decision in Employment Division v. Smith, a number of commentators have suggested that freedom of conscience has lost its place as the focus of Free Exercise and Establishment Clause jurisprudence. Indeed, some have gone so far as to argue that protection for freedom of conscience has disappeared from the Free Exercise Clause almost entirely, leaving conduct that is motivated by a religious conscience without special constitutional protection. To be sure, some protection for freedom of conscience remains—but its constitutional source is often to be found outside of the Religion Clauses and its concern is often with non-religious activity.This evolution of doctrine has been extensively criticized by scholars of the Religion Clauses, many of whom view these developments as departures from original intent and from long-settled constitutional practice. Michael McConnell, Martha Nussbaum, and others have also advanced normative critiques, arguing that religious conscience is in many ways distinctive and merits distinctive constitutional solicitude under the Free Exercise Clause. At the same time, the Supreme Court's rejection of special privileges for religious claims of conscience has been welcomed by other scholars, some of whom have argued that preferential protection for religiously-motivated conduct is a form of unconstitutional discrimination. Two of the most prominent proponents of this position are Christopher Eisgruber and Lawrence Sager, who maintain that the Religion Clauses should be read to promote equal liberty rather than to provide special exemptions.
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Papis, Wojciech, and Krzysztof Kijowski. "FREEDOM OF CONSCIENCE AND RELIGION IN POLISH CONSTITUTIONAL LAW AND CONSTITUTIONAL NEUTRALITY OF THE STATE." Roczniki Administracji i Prawa 2, no. XVIII (December 30, 2018): 19–38. http://dx.doi.org/10.5604/01.3001.0013.1768.
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This article is devoted to the problem of the state’s neutrality of the state - as a guarantee of freedom of conscience and religion. An additional element - to be able to speak about the guarantee of freedom of freedom of conscience and religion - is the question of separating churches and religious associations from institutions and state authorities, from the state as a whole and from the law-making process. The authors point to a deep “anchoring” of the legal issues regarding the guarantee of the freedom of conscience and religion in international law. However, the authors indicate that this does not mean that churches and religious associations should not have a moral right of expression on issues of human values and their protection in the law
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Tugnoli, Claudio. "Theodicy of Jean-Jacques Rousseau." European Scientific Journal, ESJ 12, no. 29 (October 31, 2016): 10. http://dx.doi.org/10.19044/esj.2016.v12n29p10.
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Throughout all of Rousseau’s works there is tension between argumentation and feeling, speculation and intuition, reason and conscience. Reason binds men when they think correctly, but divides them and opposes one to the other when they place it at the service of self-interest, of ambition and of the will to prevail. Conversely, the universality of conscience is immediate and transparent: it transmits the truth of the existence of God, of the freedom of men, of the distinction between good and evil, as well as of the universal principles that are at the roots of human action and of the virtues honoured by all human societies, despite the differences of particular legislations. Mankind possesses an innate and intuitive conscience of the fundamental principles by which its conduct must be inspired. Were we to consider human actions only according to the criterion of physical need, of causality and of movement, vices and virtues would disappear and terms like morality and honesty would have no meaning. But each one of us perceives from within that this is not the case. We feel that moral good and evil are more real than anything else, without any need whatsoever to prove it. To obey the conscience one has of good and of evil without human mediation means to reject the dogmatic formalism of religions as well as the vanity of philosophical disputes. Every human being, however, is inserted into a national community. What should the state’s attitude be vis-à-vis religion? Rousseau indicates two paths. The first consists in establishing a purely civil religion that admits only those dogmas that are truly useful to society. Rousseau highlights the contradiction of a Christian religion that, although it is the religion of peace par excellence, fuels continuing bloody clashes among men due to a dogmatic theology that is totally alien to the essence of the Gospel and extremely hazardous for the life of the State. The second path consists in allowing Christianity to retain its authentic spirit, its freedom from any material constraint, without any obligations other than those of individual conscience. The Christian religion has such a pure and noble moral that it cannot but benefit the State, as long as one does not expect to make it part of the constitution.
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Clayton, Obie. "Answering the Call of Conscience." Journal of Law and Religion 37, no. 1 (November 11, 2021): 33–36. http://dx.doi.org/10.1017/jlr.2021.63.
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AbstractThis essay shows how three institutions—family, religion, and education—coalesced to shape the moral life of John Lewis. Lewis was born into a very religious, though uneducated, family who wished to see their son receive the education they were denied. The young Lewis took their zeal for education and religion into seminary and later college. It was in college that Lewis developed an intolerance for discrimination and came to champion the civil and human rights of all individuals. His call of conscience would not condone the suffering and abuse being generated by a segregated society. This passion for human rights led to his rising into prominence in the political arena, where many referred to him as the “conscience of the nation.”
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Nazarieh, Mehrdad. "James Joyce Dubliners: how religion influences conscience." Clarion- International Multidisciplinary Journal 5, no. 2 (2016): 102. http://dx.doi.org/10.5958/2277-937x.2016.00039.3.
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Bowman, Brady. "Religion and Conscience in Kant and Hegel." Hegel-Jahrbuch 2017, no. 1 (May 24, 2017): 81–90. http://dx.doi.org/10.1515/hgjb-2017-0115.
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Waldron, Mary Anne. "Freedom of Conscience and Religion in Canada." Philosophy, Culture, and Traditions 10 (2014): 111–22. http://dx.doi.org/10.5840/pct2014108.
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Vopřada, David. "Une question de conscience ?" Communio 287-288, no. 3 (June 7, 2023): 79–94. http://dx.doi.org/10.3917/commun.287.0079.
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Pour défendre les chrétiens persécutés pour leur refus d’adorer l’Empereur, Tertullien dans son Apologétique retourne les arguments développés par les autorités romaines et les accuse d’impiété parce quelles veulent forcer les cœurs par leur pouvoir et domination injustes. Dans une société où la religion a un sens directement politique, Tertullien pose ainsi les fondements du principe de la liberté religieuse.
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Prostak, Rafał. "(Non)Religious Freedom: A Critical Perspective on the Contemporary Understanding of Freedom of Conscience and Religion." Politeja 18, no. 2(71) (August 5, 2021): 183–202. http://dx.doi.org/10.12797/politeja.18.2021.71.10.
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Nowadays, liberty of conscience as an inalienable right is a standard of demoliberal constitutionalism. It is an obvious component of a well-organized society and state. However, at the very beginning of its presence in the political discourse, it was more a product of Christian theology (the free conscience perceived as a gift of God) than a legal category; more an endowment of divinity than an intrinsic human value. In the contemporary, secularized world, our understanding of freedom of religion includes not only free exercise of religion but also freedom from religion. An increasing number of non-believers changes our expectations of the state that is obliged to protect the freedom of conscience of all citizens regardless of their beliefs. The goal of the article is to consider the difficulties faced by people with a theistic worldview in the reality of a state founded on the principle of ideological neutrality.
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Tjandra, Jonathan. "Rationalising religion: The role of religion and conscience in Australian politics." ANU Undergraduate Research Journal 8 (August 1, 2017): 93–103. http://dx.doi.org/10.22459/aurj.08.2016.08.
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Ivantsov, Sergey V. "Institutional Fundamentals of the Establishment of Criminal Law Prohibitions against Violation of the Right to the Freedom of Conscience and Religion." Russian investigator 1 (January 18, 2024): 43–46. http://dx.doi.org/10.18572/1812-3783-2024-1-43-46.
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The article is devoted to topical issues of criminal law protection of the right to freedom of conscience and religion in the form of public actions aimed at insulting the religious feelings of believers or obstructing the activities of religious organizations, the implementation of divine services or other religious rites. The author’s interpretation of the institutional foundations of the formation of prohibitions on the violation of the right to freedom of conscience and religion is presented.
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Sedletchi, Nicolae. "The right to freedom of conscience - dimensions conceptual-legal." Vector European, no. 2 (January 2023): 24–30. http://dx.doi.org/10.52507/2345-1106.2022-2.06.
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Freedom of conscience and religion is a natural right, which is meant to recognize and protect the human person as an autonomous spiritual being, as a free man. It is relevant to note that already at the beginning of the 20th century freedom of conscience and religion was seen as one of the most important personal spiritual freedoms. Freedom of conscience as a natural right exists independently of any regulation. However, in order to enshrine it in principle, to arrange it and to ensure its respect, the intervention of the state is mandatory. By conferring the normative aspect on freedom of conscience, the state transforms it from natural freedom to public freedom. Thus, the integration of freedom of conscience in the positive legal system leads to its evolution from natural freedom to public freedom. Freedom of conscience as public freedom represents a universal and abstract legal freedom, a power of self-determination of the individual, based on the existence of a field of freedom-autonomy, which is intangible both for public power and for individuals. The exercise of this freedom has as its only limit the non-infringement of the liberties of others.
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Kolodnyi, Anatolii M. "Civic and legal provision of freedom of missionary activity." Religious Freedom, no. 17-18 (December 24, 2013): 204–7. http://dx.doi.org/10.32420/rs.2013.17-18.1007.
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Ukraine is a country of freedom of beliefs and beliefs. The Constitution of the country (Article 35) provides its citizens with not only the right to profess any religion, but also the freedom of religious activity, prohibits the binding of any one of the religions by recognizing it as a state. In the civil society of Ukraine, each of its citizens is sovereign. In accordance with the Law on Freedom of Conscience and Religious Organizations (Article 3), he is free to accept or change his religion of his choice. Every citizen has the right to express and freely distribute his religious beliefs. "No one can set obligatory beliefs and outlooks. No coercion is allowed in determining a citizen's attitude to religion ..., to participation or non-participation in worship, religious rites and ceremonies, teaching religion. " Thus, by proclaiming the right to freedom of religion, freedom of religion, the Ukrainian state, if it considers itself to be democratic and claims to join such a united Europe, is obliged to create conditions for the functioning of different religions in its territory.
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Fysun, Yulia. "Legitimate limitations on the right of freedom of thought, conscience and religion: the challenges of a globalised world." Ukrainian Journal of International Law 3 (September 30, 2020): 56–63. http://dx.doi.org/10.36952/uail.2020.3.56-63.
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The article is devoted to the study of the limitations on the right of freedom of thought, conscience and religion provided by international law. The essential criteria for legitimate limitations are determined. Unconditional protection of the freedom of thought and conscience as well as the freedom to have or adopt a religion or belief of one’s choice is emphasised. Particular attention is paid to the study of the case law of the European Court of Human Rights in this field.
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Sowiński, Piotr K. "Zachowanie tajemnicy spowiedzi w sprawach karnych, cywilnych i administracyjnych jako warunek realizacji konstytucyjnego prawa do wolności sumienia i religii." Przegląd Prawa Konstytucyjnego 68, no. 4 (August 31, 2022): 217–28. http://dx.doi.org/10.15804/ppk.2022.04.17.
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The text is devoted to the issue of protection of the secret of confession provided on the basis of criminal trial, civil and administration process. This secret is the immanent element of the rites of persons exercising their freedom of conscience and religion under Art. 53 sec. 1 of the Constitution. Freedom of conscience and religion is one of the most important. The differences in the approach to clergy witnesses and possible solutions for the unification of mechanisms governing their interrogation were presented.
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Sobczyk, Paweł. "Wolność sumienia i religii w Konstytucji Rzeczypospolitej Polskiej - postulaty Kościoła katolickiego." Prawo Kanoniczne 51, no. 3-4 (December 10, 2008): 371–83. http://dx.doi.org/10.21697/pk.2008.51.3-4.18.
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The systemic transformation initiated by the Roundtable talks of 1989 made it necessary for Poland to amend its constitution, including the regulations concerning the freedom of conscience and religion. It was natural for churches and religious organisations, including the Catholic Church, to participate in the constitutional debate. The study, reflecting only the Catholic Church’s official positions, presents issues concerning the Catholic Church’s position on religious freedom in the individual dimension, that is, the freedom of conscience and religion. The Conference of the Polish Episcopate’s 1990-1997 positions on religious freedom in the individual dimensions contained some of the most important aspects of the teaching of the Second Vatican Council. These represented the basis of the Episcopate’s position in the several-year-long debate on the desired model of the state. The constitutional guarantees of religious freedom contained in the article 53 (freedom of conscience and religion) should be seen as a compromise between the principles of liberal ideology and the teachings of the Vaticanum II.
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SOKOLOVSKIY, KONSTANTIN. "THE CORRELATION BETWEEN NATIONAL AND INTERNATIONAL LEGISLATION ON FREEDOM OF RELIGION: INTERACTION ISSUES." Sociopolitical Sciences 11, no. 6 (December 6, 2021): 122–28. http://dx.doi.org/10.33693/2223-0092-2021-11-6-122-128.
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Relevance. Issues of discussion of international and national law have acquired particular relevance in the light of constitutional changes, occurred in 2020 in the Russian Federation. The primacy of national law, enshrined at the level of the Constitution of the Russian Federation, has significantly changed the interaction between the national and international legal order. At the same time, the sphere of freedom of conscience (religion) is one of the most important areas of legal regulation, which has both national and international legal aspects, which determines the relevance of the chosen research goal. The Purpose of the study is to analyze international legal and domestic regulation in the sphere of ensuring the right to freedom of conscience (religion), as well as to identify and resolve urgent problems of interaction of systemic law in the context of the right to freedom of conscience. The research objectives are: 1) determination of the place of the right to freedom of conscience (religion) in the system of international and national legal regulation, in particular, analysis of the concepts of “absolute law”, “jus cogens”, “general international law”; 2) consideration of the issue of the boundaries of freedom of religion in the understanding of the national law of the Russian Federation and international law. As a result of the accomplishment of the task, it is proposed to identify the main differences in this issue between the domestic and international legal order, as well as to put forward proposals to eliminate this discrepancy. Methodology. The key tool was the method of comparative analysis, as well as system analysis. In the course of the study, the main acts of the current legislation of the Russian Federation in the field, the most important international legal acts, the works of prominent specialists in international and constitutional rights were analyzed, a study of law enforcement acts (the practice of the courts of the Russian Federation, the European Court of Human Rights) was carried out. Conclusions. As a result, original conclusions were obtained regarding the need for the doctrinal inclusion of norms on freedom of conscience (religion) in the system of international common law. The conclusion is made about the need for a more complete consideration of the position of international judicial bodies in the legislative movement of the boundaries of the right to freedom of conscience (religion).
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ILYASSOV, Kairat, Altay BOZHKARAULY, and Dinara RUSTEMBEKOVA. "Constitutional and Legal Support of Religious Freedom." Journal of Advanced Research in Law and Economics 9, no. 6 (October 29, 2019): 1986. http://dx.doi.org/10.14505//jarle.v9.6(36).12.
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The legal norm of freedom of conscience and religion is an inherent anthropic property of the right, realizing the freedom of a person in the choice of religious faith, unbelief, atheism, and scientific beliefs. The imperfection of the mechanism of legal regulation of religious freedom leads to violations and abuses of basic human rights. Overcoming the difficulties of the legislative process is possible when taking into account the factors of extra-legal influence on the established regime of freedom of conscience and religion in the state.
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Khaidarova, Muatar. "On freedom of religion and belief in the Republic of Tajikistan." Religious Freedom 2, no. 19 (November 8, 2016): 84–98. http://dx.doi.org/10.32420/rs.2016.19.2.898.
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Over the past 25 years in Tajikistan, attitudes toward religion and the right to freedom of conscience have changed from time to time - from a liberal attitude to this issue to a rather rigid administrative control. Currently, 99.4% of the population in Tajikistan are Muslims, represented mainly by Sunni Hanafi sense (96.6%) and Shi'ism of the Ismaili trend (2.8%). Only 0.6% of the population of Tajikistan refers to Christianity and other religions, or are atheists.
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Kolodnyi, Anatolii M. "Inter-confessional relations in Ukraine: the state and ways of toleration." Religious Freedom, no. 17-18 (December 24, 2013): 107–15. http://dx.doi.org/10.32420/rs.2013.17-18.996.
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In Soviet times, Soviet Union legislation declared freedom of religion, but not freedom of religion. The only one in Ukraine was covered only by the 1991 Law on Freedom of Conscience and religious organizations.
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Freeman, Samuel. "Democracy, Religion & Public Reason." Daedalus 149, no. 3 (July 2020): 37–58. http://dx.doi.org/10.1162/daed_a_01802.
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A convention of democracy is that government should promote the common good. Citizens' common good is based in their shared civil interests, including security of themselves and their possessions, equal basic liberties, diverse opportunities, and an adequate social minimum. Citizens' civil interests ground what John Rawls calls “the political values of justice and public reason.” These political values determine the political legitimacy of laws and the political constitution, and provide the proper bases for voting, public discussion, and political justification. These political values similarly provide the terms to properly understand the separation of church and state, freedom of conscience, and free exercise of religion. It is not a proper role of government to promote religious doctrines or practices, or to enforce moral requirements of religion. For government to enforce or even endorse the imperatives or ends of religion violates individuals' freedom and equality: it encroaches upon their liberty of conscience and freedom to pursue their conceptions of the good; impairs their equal civic status; and undermines their equal political rights as free and equal citizens.
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Richard, Jean. "Le salut comme réconciliation." Thème 23, no. 2 (December 22, 2017): 75–101. http://dx.doi.org/10.7202/1042744ar.
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L’article traite de notre réconciliation avec les Premières Nations du Canada. Nous nous situons là du côté de l’offensant face à l’offensé. Une première partie se réfère donc à Karl Jaspers dans son opuscule surLa culpabilité allemande, où il montre comment l’ouverture de la conscience à la culpabilité amorce un processus de purification et de réconciliation. D’un point de vue théologique, il en va de même chez Paul Tillich, où la conscience de l’aliénation conduit à la réconciliation avec Dieu dans le Christ. Ce qu’on trouve, chez saint Paul, appliqué à la réconciliation des deux peuples, les Juifs et les Grecs. Dans une troisième partie, l’article fait voir comment le conflit entre « Blancs » et « Amérindiens » consiste dans la polarité entre l’enracinement communautaire et l’universalisme des Lumières. La réconciliation souhaitée devra donc se faire par l’union de ces deux pôles dans toute existence humaine, communautaire aussi bien que personnelle. Une dernière partie porte sur la polarité et la réconciliation des deux types de religions : religion cosmique et religion de l’alliance avec un Dieu personnel.
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Poniatowski, Michał. "Freedom of Conscience and Religion in Private Schools." Law, Identity and Values 1, no. 2 (2021): 113–27. http://dx.doi.org/10.55073/2021.2.113-127.
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This study examines freedom of conscience and religion in private schools, which seems to lie outside the mainstream of discussions on the presence of religious symbols or, more broadly, religious acts in public spaces. First, the study explores the parallel historical formation of freedom of conscience/religion and the right to education. Then, the study sketches an outline of the sources of law guaranteeing these freedoms, focusing on the aspects common to European legal culture. Then, the subject and object of this freedom are discussed in the context of private schools. Selected case law is then examined to provide illustration. Finally, the study offers key general and de lege ferenda conclusions.