THE MEANING OF CONSCIENTIOUS OBJECTION AS AN INSTRUMENT OF EXECUTING THE CONSTITUTIONAL FREEDOM OF CONSCIENCE IN SLOVAKIA Cover Image

THE MEANING OF CONSCIENTIOUS OBJECTION AS AN INSTRUMENT OF EXECUTING THE CONSTITUTIONAL FREEDOM OF CONSCIENCE IN SLOVAKIA
THE MEANING OF CONSCIENTIOUS OBJECTION AS AN INSTRUMENT OF EXECUTING THE CONSTITUTIONAL FREEDOM OF CONSCIENCE IN SLOVAKIA

Author(s): Marek Šmid
Subject(s): International Law
Published by: SAMOSATO, s. r. o., Bratislava, Slovensko - MAUREA, s. r. o., Plzeň, Česká republika
Keywords: Treaty; Conscientious objections; Freedom of conscience; Constitution; International law;

Summary/Abstract: Introduction: Freedom of conscience is a fundamental requirement in all areas of life, especially in social work and medicine. The main reason for the concept of objection of conscience is a fundamental human right called freedom of conscience. Core of work: All the indications, de lege lata, as well as de lege ferenda, make it necessary to adopt an international bilateral treaty regulating the right of conscience. The treaty should be concluded at the international level with the Holy See and at the national level between churches and religious societies and the state. This treaty, being a part of International law, prevails over Slovak law as well as the law of the European Union in accordance with, and in terms of, their laws. There are no direct precedents in Europe; this attempt may serve therefore in general as the search for new potential ways for the protection of freedom of conscience. Conclusion(s): The article, relying on international law and case law, is an outline and starting point for the regulation of objections of conscience in order to implement constitutional freedom of conscience. Indirectly implementing such a regulation via an international treaty with reference to the law of the State seems to be an acceptable way for the future.

  • Issue Year: 15/2020
  • Issue No: 1
  • Page Range: 1-8
  • Page Count: 8
  • Language: English