ДЕКІЛЬКА МІРКУВАНЬ ЩОДО СВОБОДИ СОВІСТІ ТА РЕЛІГІЇ

Abstract

Freedom of conscience, freedom of religion and human rights are examined in the article in the context of their interrelationship and relationship. The authors analyze some canonical and legal definitions of the mentioned concepts, as well as the judicial practice of the European Court of Human Rights, where these concepts were evaluated and interpreted. The article draws attention to the fact that neither in the text of Article 9 of the Convention on the Protection of Human Rights and Fundamental Freedoms, nor in the practice of the Court, there is no definition of the term "religion". Arguments are also given regarding what the concepts of "freedom of conscience" and "freedom of religion" include. According to the authors, the scope of application of Article 9 is very broad, it protects both religious and non-religious views and beliefs. For an individual or collective belief to qualify as a right to "freedom of thought, conscience andreligion", it must reach a sufficiently high level of intensity, seriousness, persistence and importance. If this condition is met, the state's duty to observe neutrality and impartiality is incompatible with its discretion regarding the legitimacy of beliefs. The authors believe that the position of the European Court of Human Rights differs from the non- definition of the concept of "freedom of conscience" in Ukrainian legal documents. This is due to the fact that Ukrainian norms on freedom of conscience guarantee the right to be non-religious and to spread atheistic beliefs, leaving aside the question of beliefs. It is important to understand that conscience and belief are two different but interrelated concepts used to describe the internal processes of a person. Conscience is an inner voice or inner moral authority that leads a person to distinguish between good and evil, between right and wrong. Belief is an idea, idea or belief that a person has about certain issues or situations. They can be basic principles that guide our actions and deeds, or reflect our preferences, thoughts and attitudes to various aspects of life. Beliefs can be formed based on religion, culture, experience, education and other factors. Considering the legal capacity of religious groups and believers in accordance with international standards of the right to freedom of conscience, religion and belief, the authors come to the conclusion that an almost unsolved question remains open: "Who has the right to religion: a person or a legal entity (church)?" Depriving the Ukrainian Orthodox Church (Moscow Patriarchate) of its legal status in Ukraine, which is currently being actively discussed, does not at all mean depriving its parishioners of the right to freedom of religion, who can join existing churches or create a new one in accordance with Ukrainian legislation. Key words: human right to freedom of conscience and religion, conscience, beliefs, consistent worldview concepts, international standards of freedom of conscience and religion, principle of religious freedom.