Freedom Of Conscience Research Articles

Unpacking Human Rights: Freedom of Consciousness, Bodily Autonomy & Right to Life in the Context of War on Drugs Crimes

Abstract This study explores the interplay between the right to life, right to development, bodily autonomy and freedom of conscience, and demonstrates how these factors collectively shape the concept of freedom of consciousness and simultaneously lead to increased access to altered states of consciousness, cognitive liberty, freedom of development, and the peak experiences that Abraham Maslow researched. Second chapter delves into the intersection of human rights and drug policy, specifically examining the implications of the War on Drugs on individual freedoms. It argues that the War on Drugs has led to a violation of fundamental human rights, including cognitive liberty, bodily autonomy, and the right to life. Through an analysis of international human rights law and case studies from around the world, the paper demonstrates how drug-related crimes have resulted in mass incarceration, violence, and human rights abuses. It also explores decriminalization of drug use, end of War on Drugs and criminalization of its’ crimes. The research results provide insights into the interrelation between these three concepts, shedding light on how they intersect and influence each other and in context of War on Drugs hostile environment. Findings also suggest that the War on Drugs has resulted in a significant violation of fundamental human rights.

Book review: Odintsov M. I., Kochetova A. S. Freedom of Conscience in the History of Russia: Ideas, Legislative Projects, Practical implementation. The end of the 19th — the first quarter of the 20th century Moscow : Political Encyclopedia, 2023. 553 p.

Book review: Odintsov M. I., Kochetova A. S. Freedom of Conscience in the History of Russia: Ideas, Legislative Projects, Practical implementation. The end of the 19th — the first quarter of the 20th century Moscow : Political Encyclopedia, 2023. 553 p.

The power of moral authority

Every era has its own spiritual leaders. One of the moral authorities of the nation in the second half of the 20th century was His Eminence Cardinal Vincentas Sladkevičius. His blessing supported the Church’s resistance to the restrictions on freedom of conscience during the Soviet years, the underground Chronicle of the Catholic Church in Lithuania, the outbreak of the Sąjūdis reform movement, and the restoration of independence – the adoption of the Act of March 11.

Public governance in national minority rights protection

The article is devoted to the analysis of public administration in the field of national minorities rights protection. The author analyzes the system of authorities aimed at protecting the national minorities interests and nationalities in Ukraine. The Committee on Nationalities under the Cabinet of Ministers of Ukraine was the first ukrainian central state body of the executive power, entrusted with the functions of ensuring ethno-national policy and protecting the national minorities interests. It is emphasized that the structure of public authorities protecting the rights of national minorities was not limited exclusively to the activities of the specialized central executive body. The positions of Advisor to President on ethno-national problems of Crimea and Advisor to President on the affairs of the Ukrainian diaspora were introduced. At the regional (oblast) level, the Republican Committee for Nationalities and Deported Citizens of the Autonomous Republic of Crimea operates, as well as the relevant subdivisions at the local level – nationalities and migration departments of regional state administrations. The situation changed with the switch of the state policy vector from pro-Russian to pro-European. This was not least due to the recommendations of the OSCE and the need to converge with the acquis communautaire of the European Union. National minorities rights protection has been in focus since the independence of Ukraine. Establishing and functioning of the relevant Ministry (Committee) on National Minorities is a direct confirmation of this thesis. This issue was always in focus of the Ukrainian governments besides the period of the rule of the pro-Russian government (2010-2014), when most of the state institutions for the protection of national minorities were liquidated. This fact determined the revolutionary events of the Euromaidan (2014) to some extent. As of today, Ukraine fulfills its obligations regarding the protection of the national minorities rights. The current central authority (State Service of Ukraine for Ethnic Policy and Freedom of Conscience, DESS) was formed in accordance with the recommendations of the OSCE and taking into account the experience of the EU member-states. Its status is lower in the executive power hierarchy. However, its scope of competence and its actual activity best serves the interests of the national minorities.

Tolerance before Secularism: Models of Tolerance in Nineteenth-Century Arabic

By analyzing temporal language, this study investigates the intellectual origins and the conceptual history of three concepts of tolerance that emerged in the Arabic context towards the end of the 19th century. The first is a philosophical concept that has evolved within the philosophical-rational tradition and has connections to the Enlightenment and liberalism. The second is a theological concept that advocates for a harmonious interpretation of all monotheistic religions based on the assumption that all monotheistic scriptures are true. The third is a legal Islamic concept that aims to preserve the traditional imperial and hierarchical Islamic system while addressing contemporary concerns related to citizenship and political affiliation. Tolerance is frequently examined within the research framework on secularity and secularism. Before secularism emerged as a holistic doctrine in Arabic (ʿalmāniyya), discussions surrounding tolerance were closely linked to societal and political principles, including civil equality, freedom of conscience, and the neutrality of religion in the public domain.

КЫРГЫЗСТАНДАГЫ ДИНИЙ УЮМДАРДЫН САЯСИЙ УКУКТУК АБАЛЫ

The Constitution of the Kyrgyz Republic guarantees everyone freedom of conscience and religion, prohibits the establishment of any religion as State or compulsory, ensures the separation of religion and all rituals from the State, prohibits the interference of religious associations and clergy in the activities of State bodies. During the years of independence, restrictions on ritual, social, industrial, economic and other activities of religious associations were lifted in the Kyrgyz Republic, and liberal state policy in the religious sphere stimulated the growth of the number of associations and facilities. People living in Kyrgyzstan have an ideological vacuum, which, due to the lack of an effective mechanism for civil identity, leads to the uncontrolled spread of other identities, including religious ones. Radical and extremist organizations that conduct underground activities and are able to take advantage of this problem have a negative impact on the religious situation. In this article, the author analyzes the ongoing research on the state policy of the Kyrgyz Republic in the religious sphere, including the political and legal situation of religious organizations in Kyrgyzstan, gives appropriate recommendations to state and local governments and public institutions to solve emerging problems and problems in this direction.

Money, money, money… in the world of academia: To the relation of financial means, academic structures and knowledge production

Money plays a crucial role in science in many ways. Aspects of content in the context of everyday practice and scientific activity are also significantly influenced by financial means as well as funding conditions. The associated structures play a crucial role and can have a significant impact on work ethic and academic freedom of scientists. This particularly affects young researchers, as they are inferior to it in terms of both financial resources and decision-making power due to academic structures. Therefore, it is important to shed light on the role of money in academia and to reflect on the relation of conditions of financing, current academic structures, scientific work and knowledge production. To this end, a critical look at the related aspects will be taken. First, the question of why money is so important for scientific work and who is funded in the first place will be explored. Related to this is the question of how the exguidelines and existing circumstances contribute to the persistence of hierarchical structures in science and how this influences academic freedom and freedom of thinking. Finally, consequences for scientific practice will be discussed.

Questions of conscience in a confessional state: From ‘Freedom of conscience’ to ‘Objections of conscience’ in Malta

ABSTRACT While there is an ample body of literature in the anthropology of moralities there is a surprising dearth of research on conscience per se. In Malta over the last ten years there has been a proliferation of a public discourse of ‘conscience’ – its affordances, freedoms and its legal safeguards. This has been the result of debates over reforms leading to the liberalization of sexual and family life, including most recently debates over the legalization of abortion. While the language of conscience in various human rights instruments claims a universal character its meanings, inflections and significance can vary in important ways. There is a blurred boundary between conscience and religion. This paper examines the ways in which conscience is deployed and the significance of the appeals to a national conscience in a European confessional state. It looks at the specific meanings of conscience in Malta and a brief lexical and political history It then moves on to look at the ways objections of conscience are framed in contemporary Malta in light of theological debates and their ramifications in Catholic Malta.

Freedom of Conscience as an Object of Religious Security

Freedom of Conscience as an Object of Religious Security

The legal boundaries of coexistence: reframing liberty of conscience as a tool of toleration in the French Wars of Religion

Abstract In histories of the Wars of Religion and narratives of rights and the rise of the state, ‘freedom of conscience’ is often treated as self-evident. However, this article demonstrates its contested meaning through French Protestant and Catholic reactions to liberty of conscience as granted by the monarchy in 1563, when its particular use as the legal framework for the toleration of Calvinists can be identified. As a malleable tool of toleration, this politicized liberty of conscience protected conscience in households, but separated it from the exercise of religion, a formula for pacification repeated in the 1598 Edict of Nantes. Not only did this usage conflict with theological interpretations of conscience, but it disrupted notions of French citizenship and reinforced royal power by framing heresy as sedition. Far from freeing individual consciences, this article concludes that royal liberty of conscience constrained the actions of Catholics and Protestants while enforcing their coexistence.

The Freedom of Thought, Conscience, and Religion in the Age of Neuroscience

Abstract While the prominence of neuroscience and neurotechnologies has generated intensive debates about the normative analysis of the ethical-legal challenges in public opinion and academia, these debates are relatively scarce among law and religion experts. To overcome the shortfall, this contribution describes the impact of the main neuroscientific applications on the right of freedom of thought, conscience, and religion. Considering how neurosciences techniques can alter the mind, decode thoughts, and enhance cognitive functions, particularly individual thought and conscience, I suggest revising the traditional dichotomy of forum internum and forum externum of the right to freedom of thought, conscience, and religion and rethinking the protection of the forum internum, which is at risk in the Age of Neuroscience.

The Compatibility of Mandatory Vaccination with the European Convention on Human Rights: Implications for a National Vaccination Policy.

This contribution examines the compatibility of mandatory vaccination with the European Convention on Human Rights (ECHR) through an analysis of the relevant ECHR rights and related case law of the European Court of Human Rights (ECtHR). By focusing on Article 8 (Right to Private Life), Article 2 (Right to Life) and Article 9 (Freedom of Thought, Conscience and Religion) ECHR, we formulate conditions under which mandatory vaccination legislation is justified. With that, this analysis aims to provide national legislators with guidance on responsible legislative policy. Additionally, this article discusses the legal framework underlying the Dutch vaccination policy, including developments therein since COVID-19. Furthermore, the role of the European Union in the context of vaccination is briefly discussed. The importance of an extensive societal and parliamentary debate before implementing a mandatory vaccination policy is stressed, as is the need for proportionality in enforcement.

Conscientious objection - a cross-sectional, vignette-based, mixed methods exploration of Australian pharmacists' perspectives.

Background: Conscientious objection (CO) in healthcare is a controversial topic. Some perceive CO as freedom of conscience, others believe their professional duty-of-care overrides personal-perspectives. There is a paucity of literature pertaining to pharmacists' perspectives on CO. Aim: To explore Australian pharmacists' decision-making in complex scenarios around CO and reasons for their choices. Method: A cross-sectional, qualitative questionnaire of pharmacists' perspectives on CO. Vignette-based questions were about scenarios related to medical termination, emergency contraception, IVF surrogacy for a same-sex couple and Voluntary Assisted Dying (VAD) Results: Approximately half of participants (n = 223) believed pharmacists have the right to CO and most agreed to supply prescriptions across all vignettes. However, those who chose not to supply (n = 20.9%), believed it justifiable, even at the risk of patients failing to access treatment. Strong self-reported religiosity had a statistically significant relationship with decisions not to supply for 3 of 4 vignettes. Three emergent themes included: ethical considerations, the role of the pharmacist and training and guidance. Conclusion: This exploratory study revealed perspectives of Australian pharmacists about a lack of guidance around CO in pharmacy. Findings highlighted the need for future research to investigate and develop further training and professional frameworks articulating steps to guide pharmacists around CO.

“You shall have the thought”: habeas cogitationem as a New Legal Remedy to Enforce Freedom of Thinking and Neurorights

Despite its obvious advantages, the disruptive development of neurotechnology can pose risks to fundamental freedoms. In the context of such concerns, proposals have emerged in recent years either to design human rights de novo or to update the existing ones. These new rights in the age of neurotechnology are now widely referred to as “neurorights.” In parallel, there is a considerable amount of ongoing academic work related to updating the right to freedom of thought in order to include the protection of “freedom of thinking” (i.e., freedom of thought itself) and not only its social manifestations. Neurorights such as cognitive liberty, free will, mental freedom, and mental self-determination come into play here. Importantly, freedom of thought has often been considered a prerequisite for all the other fundamental freedoms and rights. In any case, just as other rights require additional legal instruments to guarantee their compliance, substantial neurorights will probably require specific complementary developments in procedural law. In relation to this, there is a long tradition of habeas corpus as an emergency remedy to enforce the rights of a citizen against illegal or arbitrary detention. More recently, the habeas data writ has been proposed and admitted in certain countries to guarantee a person’s ownership of their personal data. In this article, we propose to expand this procedural apparatus by incorporating a third habeas, which we call habeas cogitationem: a writ aimed primarily at enforcing the right to freedom of thinking (and, subsidiarily, the rest of neurorights) against direct, harmful interferences in a person’s thought process by both public and private perpetrators.

No (true) right to die: barriers in access to physician-assisted death in case of psychiatric disease, advanced dementia or multiple geriatric syndromes in the Netherlands

Even in the Netherlands, where the practice of physician-assisted death (PAD) has been legalized for over 20 years, there is no such thing as a ‘right to die’. Especially patients with extraordinary requests, such as a wish for PAD based on psychiatric suffering, advanced dementia, or (a limited number of) multiple geriatric syndromes, encounter barriers in access to PAD. In this paper, we discuss whether these barriers can be justified in the context of the Dutch situation where PAD is legally permitted for those who suffer unbearably and hopelessly as a result of medical conditions. Furthermore, we explore whether there are options to address some of the barriers or their consequences, both within the Dutch legal framework or by adjusting the legal framework, and whether these options are feasible. We conclude that although there are insufficient arguments to overrule the doctor’s freedom of conscience in the Netherlands, there are ways to address some of the barriers, mainly by offering support to doctors that would be willing to support a request. Moreover, we believe it is morally required to reduce or mitigate where possible the negative consequences of the barriers for patients, such as the long waiting time for those who suffer from psychiatric disorders, because it is unlikely the adjustments suggested to the system will ensure reasonable access for these patient groups.

Ustawowa rola kościelnych osób prawnych w zakresie prowadzenia placówek edukacyjnoopiekuńczych

Aim: The aim of this article is to determine the importance of cooperation between the state and the Catholic Church in the context of implementing educational activities for the child. Methods: The work adopts methods of dogmatic and legal analysis, subject literature, and case law. Including a comparative method in the field of intra-church and national regulations. Results: It is the duty and right of the Catholic Church to cooperate with the state for the good of the individual and society. Due to the period of development, the child requires special help from third parties, especially parents. However, the Catholic Church has the opportunity to help parents in the upbringing of minors, which must be done with respect for the opinion of legal representatives. Conclusion: The Catholic Church and the state must cooperate with each other in educational activities - and the decision-making power of statutory representatives cannot be omitted in these relations. Originality: The topic of church-state relations touches on a number of important elements of social life. National and church regulations in certain areas must be interconnected. Such relationships make it necessary to constantly implement appropriate business standards, which is particularly important for minors. Therefore, this topic is a recurring discussion. Keyword: principle of cooperation, state-church relations, the welfare of the child, raising a child; parents' rights; freedom of conscience and religion; Catholic schools

ДЕКІЛЬКА МІРКУВАНЬ ЩОДО СВОБОДИ СОВІСТІ ТА РЕЛІГІЇ

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.

Favoritism, Coercion, and the Establishment Clause

A review of Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience. By Nathan S. Chapman and Michael W. McConnell.

Орталық Азия мемлекеттеріндегі азаматтық және саяси құқықтарды қамтамасыз ету және қорғау мәселесі

The article considers the main issues in the field of protection of civil and political rights in the countries of Central Asia. The study examined the historical development and current state of the problem of ensuring civil and political rights in the Central Asian states. In the course of the study, decisions of the United Nations treaty bodies and scientific literature on the topic of the study were examined. In the course of the study, the national legislation of the countries of Central Asia was examined. The study showed that the following civil and political rights and freedoms are seriously violated in the countries of Central Asia: freedom of speech, freedom of assembly and association, freedom of conscience and religion, the right to a fair trial and the right not to be subjected to torture and other cruel acts and forms of punishment. The study proposed a conclusion to consider amending national legislation and forming new mechanisms to ensure civil and political rights in order to protect and safeguard the right to freedom of expression and not to be subjected to torture or other cruel punishment in the countries of Central Asia.

Орталық Азия мемлекеттеріндегі азаматтық және саяси құқықтарды қамтамасыз ету және қорғау мәселесі

The article considers the main issues in the field of protection of civil and political rights in the countries of Central Asia. The study examined the historical development and current state of the problem of ensuring civil and political rights in the Central Asian states. In the course of the study, decisions of the United Nations treaty bodies and scientific literature on the topic of the study were examined. In the course of the study, the national legislation of the countries of Central Asia was examined. The study showed that the following civil and political rights and freedoms are seriously violated in the countries of Central Asia: freedom of speech, freedom of assembly and association, freedom of conscience and religion, the right to a fair trial and the right not to be subjected to torture and other cruel acts and forms of punishment. The study proposed a conclusion to consider amending national legislation and forming new mechanisms to ensure civil and political rights in order to protect and safeguard the right to freedom of expression and not to be subjected to torture or other cruel punishment in the countries of Central Asia.