This paper analyses conscientious objection as a positive right from the legal-theoretical viewpoint. In particular, it focuses on four main aspects: the relationship between the right to conscientious objection and the right to freedom of conscience; the nature of conscientious objection as a limited or a general right; the basic logic of a conscience clause; the main limits of its application
The Right to conscientious Objection: Elements for a legal Theory
Saporiti, M.
2017-01-01
Abstract
This paper analyses conscientious objection as a positive right from the legal-theoretical viewpoint. In particular, it focuses on four main aspects: the relationship between the right to conscientious objection and the right to freedom of conscience; the nature of conscientious objection as a limited or a general right; the basic logic of a conscience clause; the main limits of its application
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