Abstract

ESTRADA-VELEZ, Sergio. Fundamental Right to Freedom of Conscience without Objection? Some Notes for its Recognition as a Fundamental Guarantee. Estud. Socio-Juríd [online]. 2009, vol.11, n.1, pp.65-83. ISSN 0124-0579.

Conscientious objection is defined as the ability to depart from statutory mandates because of intimate convictions based on ethical or religious convictions. A discussion of this issue presents the conflict between the idea of a State concerned with the promotion of individual rights or the protection of general interests and an idea of law based on the maintenance of order and against a view of the law as a means to claim the protection of minimum conditions of the person. From this conflict is drawn the possibility to argue whether conscientious objection should be guaranteed as a fundamental right of freedom of conscience or as a statutory authority legislatively conferred upon persons. This paper sets out a discussion around the two views so as to develop a position that is more consistent with the context of social and constitutional law.

Keywords : Freedom of conscience; conscientious objection; public rights; fundamental rights.

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