Freedom of conscience is the freedom of an individual to act upon their moral beliefs. [1] In particular, it often refers to the freedom to not do something one is normally obliged, ordered or expected to do. An individual exercising this freedom may be called a conscientious objector. [lower-alpha 1]
The right to freedom of conscience is recognized by several international conventions, such as the Universal Declaration of Human Rights and the European Convention on Human Rights. [2] It is related to, but distinct from, freedom of thought, freedom of expression and freedom of religion.
The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to objecting to working for the military–industrial complex due to a crisis of conscience. In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service.
Conscience is a cognitive process that elicits emotion and rational associations based on an individual's moral philosophy or value system. Conscience stands in contrast to elicited emotion or thought due to associations based on immediate sensory perceptions and reflexive responses, as in sympathetic central nervous system responses. In common terms, conscience is often described as leading to feelings of remorse when a person commits an act that conflicts with their moral values. The extent to which conscience informs moral judgment before an action and whether such moral judgments are or should be based on reason has occasioned debate through much of modern history between theories of basics in ethic of human life in juxtaposition to the theories of romanticism and other reactionary movements after the end of the Middle Ages.
Jeremy Dean Hinzman is an Iraq War resister who was the first American deserter to seek refugee status in Canada.
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 16, established in 2015, underscores the link between promoting human rights and sustaining peace.
Conscience clauses are legal clauses attached to laws in some parts of the United States and other countries which permit pharmacists, physicians, and/or other providers of health care not to provide certain medical services for reasons of religion or conscience. It can also involve parents withholding consenting for particular treatments for their children.
Conscientious objection to military taxation (COMT) is a legal theory that attempts to extend into the realm of taxation the concessions to conscientious objectors that many governments allow in the case of conscription, thereby allowing conscientious objectors to insist that their tax payments not be spent for military purposes.
South African resistance to war has a long tradition, and a history that includes conscientious objectors, pacifists, deserters and draft dodgers, as well as those whose objections are based upon the notion of "just war" as opposed to unjust or illegal war.
Mehmet Tarhan is a Kurdish conscientious objector who was imprisoned for refusing military service. Tarhan had been sentenced to four years in a military prison for disobedience after refusing to wear a military uniform, a sentence that is evidently the longest ever given for such an offense in Turkey. He was released in March 2006 after spending several months in prison. As of 2014, he is a member of the party assembly of the Peoples' Democratic Party and a member of the executive committee of its consultative body Peoples' Democratic Congress.
Halil Savda is a Turkish conscientious objector who has been subjected to continued arrest and conviction for his refusal to serve mandatory military service – in violation of Turkish law.
Osman Murat Ülke is a Turkish conscientious objector. He was imprisoned for two and a half years for refusal of military service, and was the subject of a ruling from the European Court of Human Rights.
Article 4 of the European Convention on Human Rights prohibits slavery and forced labour. Conscription, national service, prison labour, service exacted in cases of emergency or calamity, and "normal civic obligations" are excepted from these definitions.
Article 4 – Prohibition of slavery and forced labour
Conscience: Taxes for Peace Not War is an advocacy group based in the United Kingdom. Conscience's primary aim is to change British tax law to allow conscientious objectors to military taxation to redirect the military portion of their taxes to a fund designed for international peacebuilding, conflict management, conflict prevention and other non-violent interventions. Quakers, Mennonites, Baháʼís, Buddhists, Jehovah's Witnesses, Seventh Day Adventists and Haredim Jews all practice conscientious objection for reasons of faith. Many other individuals do so for reasons of conscience, some believing there is little moral difference between actually firing lethal weapons and paying someone else to do so. Conscience believes that to deny these individuals the right to redirect the military portion of their taxes is to deny them freedom of thought, conscience, and religion as enshrined in various national and international human rights laws.
The Insubordinate movement was a mass antimilitarist movement of civil disobedience to compulsory military service in Spain, the movement lasting from the early 1970s until the abolition of conscription on 31 December 2001.
A Conscientious Objector is an "individual who has refused to take part in the Great War". There were different meanings for this, for example, religious meanings, freedom of thought, conscience, and disability. In many countries Conscientious Objectors are forced to do other services as a substitute for military service. Conscientious Objectors were often seen as cowards. Many people from across the United Kingdom were considered to be Conscientious Objectors during the First World War, and the movement was as pronounced in Wales as in any other part of the county.
Conscientious objection in the United States is based on the Military Selective Service Act, which delegates its implementation to the Selective Service System. Conscientious objection is also recognized by the Department of Defense.
While the Republic of Korea's Constitution states that all citizens, regardless of gender, sex, political or religious affiliation, should be afforded equal treatment under the law, some scholars, such as Intaek Hwang, claim that the culture of militarism is so pervasive that Conscientious Objectors are stripped of the rights discussed in the Constitution when universal male conscription became the law in 1948. A Conscientious Objector is defined as "an individual who has claimed the right to refuse to perform military service on the grounds of freedom of thought, conscience and or religion" by the United Nation's Human Rights Commission. Since the signing of the Conscription Law in 1949, stating that every male 18 years of age must serve in the military, Conscientious Objectors, when found, are arrested and subject to violent punishments.
The European Bureau for Conscientious Objection (EBCO) is a European umbrella organisation for national peace organisations supporting conscientious objectors. Its seat is in Brussels and it was founded in 1979. It aims to organise solidarity campaigns for conscientious objectors facing legal charges in European countries and to lobby for such rights in European institutions. Together with War Resisters' International, which is also one of its members, it is considered one of the leading international NGOs working on conscientious objection.
Selective conscientious objection is the practice of refusing some, but not all, military service. It is much more controversial than blanket conscientious objection based on consistent pacifism. Views on selective conscientious objection range from being morally impermissible, morally permissible, a right that may be exercised, or morally obligatory in the case of military personnel asked to fight an illegal war of aggression.