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Estudios Socio-Jurídicos

Print version ISSN 0124-0579

Abstract

MORA-RESTREPO, Gabriel. Conscientious Objection and ideological Impositions: the Drift of the Mayflower. Estud. Socio-Juríd [online]. 2011, vol.13, n.2, pp.249-274. ISSN 0124-0579.

This article discusses the problematic and evading development of conscientious objection in the context of the Colombian constitutional jurisprudence. From a historical allusion to the famous case of the "Mayflower Pilgrims" -which serve as a reference to the central problems that faces the objector-, it seeks to define the scope of conscientious objection as a fundamental right (as a fundamental justice claim) in regard to the "factual" and "legal" possibilities for its exercise, for which there will be a brief contrast between the most representative cases decided by the Colombian Constitutional Court in such matter. The core of the article is the idea that there is an ideological prevalence that, unjustifiably, makes it difficult and in some cases denies the exercise of the right to object in consciousness, particularly when it comes to the right of life in regard to the abortion case.

Keywords : conscientious objection; practical reason; abortion; right to life.

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