The International Human Right to Freedom of Conscience: Some Suggestions for Its Development and Application

Abstract

Part 1 A brief history of the development of the to conscience: early developments later developments - the emergence of conscience as separate religion post World War I conclusion. Part 2 Analysis of the treaties and other documents: international treaties - UDHR, article 18, ICCPR, article 18 regional treaties - ECHR, article 9, AmCHR, article 12, AfrCHR, article 8 other significant documents - declaration on the elimination of all forms of intolerance and of discrimination based on religion or belief, documents referring to the to conscience conclusion. Part 3 The forum internum: the notion of a right and its implications the internal and external to conscience - Mill and the forum internum dimensions of the forum internum - identification problems, the broad scope of the forum internum, analogy to forum internum, freedom to, freedom from, significance for the forum internum, forum internum and conscience, dual notion of forum internum beliefs, developments and meaning of conscience, understanding conscience, conscience and moral action, conscience and thought conclusion. Part 4 The forum externum: forum internum and forum externum compared defining belief - narrow approach towards conscientious belief, conscience and religion, distinctions between religion and conscience, the negative, freedom from aspect, conscience and freedom of expression and assembly, distinctions between expression, assembly and conscience, broader approach limitations conclusion. Part 5 Military conscientious objection: military conscientious objection and customary law - sources within the treaties, recognition in international fora, decisions, declarations and resolutions, state practice selective conscientious objection - selective objection in resolutions and declarations, underlying problems, addressing the problems, current examples of selective conscientious objection, to asylum for military conscientious objectors, direction for the selective conscientious objector, objection to nuclear weapons conclusion. Part 6 Conscientious objection to taxes: tax objection - church tax, public support schemes, objection to military tax, military tax as a unique objection? conclusion. Part 7 Proposing a group-oriented approach to the to conscience: some general points regarding group beliefs - reference to the treaties, group beliefs defined, group and individual conflicts, forum internum and new religious movements conclusion.