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Vol 21 No 10 Oct/Nov 2016

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The International Human Right to Freedom of Conscience

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Leonard M. HammerPolitical Science Department, Bat Ilan University, Israel

ISBN13: 9780754621324
ISBN: 0754621324
Published: April 2004
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



This text addresses the problem of conflict that arises between the human right to freedom of religion and the human right to freedom of belief, for example, certain religious beliefs are in conflict with certain women's rights. The pricipal goal of this book is to distinguish between the more formalized, and recognized, notion of protecting religious beliefs from what is referred to as conscientious beliefs - a belief external to a religious context.

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Contents:
Part 1 A brief history of the development of the right to conscience: early developments; later developments - the emergence of conscience as separate from religion; post World War I; conclusion.
Part 2 Analysis of the treaties and other documents: international treaties - UDHR, article 18, ICCPR, article 18; regional treaties - ECHR, article 9, AmCHR, article 12, AfrCHR, article 8; other significant documents - declaration on the elimination of all forms of intolerance and of discrimination based on religion or belief, documents referring to the right to conscience; conclusion.
Part 3 The forum internum: the notion of a ""right"" and its implications; the internal and external right to conscience - Mill and the forum internum; dimensions of the forum internum - identification problems, the broad scope of the forum internum, analogy to forum internum, freedom to, freedom from, significance for the forum internum, forum internum and conscience, dual notion of forum internum beliefs, developments and meaning of conscience, understanding conscience, conscience and moral action, conscience and thought; conclusion.
Part 4 The forum externum: forum internum and forum externum compared; defining ""belief"" - narrow approach towards conscientious belief, conscience and religion, distinctions between religion and conscience, the negative, freedom ""from"" aspect, conscience and freedom of expression and assembly, distinctions between expression, assembly and conscience, broader approach; limitations; conclusion.
Part 5 Military conscientious objection: military conscientious objection and customary law - sources within the treaties, recognition in international fora, decisions, declarations and resolutions, state practice; selective conscientious objection - selective objection in resolutions and declarations, underlying problems, addressing the problems, current examples of selective conscientious objection, right to asylum for military conscientious objectors, direction for the selective conscientious objector, objection to nuclear weapons; conclusion.
Part 6 Conscientious objection to taxes: tax objection - church tax, public support schemes, objection to military tax, military tax as a unique objection?; conclusion.
Part 7 Proposing a group-oriented approach to the right to conscience: some general points regarding group beliefs - reference to the treaties, group beliefs defined, group and individual conflicts, forum internum and new religious movements; conclusion.