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dc.contributor.authorRÄMÄ, Pilvi Tuulia
dc.date.accessioned2019-12-19T15:10:15Z
dc.date.issued2019
dc.identifier.citationFlorence : European University Institute, 2019en
dc.identifier.urihttps://hdl.handle.net/1814/65607
dc.descriptionDefence date: 18 December 2019en
dc.descriptionExamining Board: Professor Martin Scheinin, European University Institute (Supervisor); Professor Janneke Gerards, Utrecht University; Professor Sir Malcolm Evans, University of Bristol; Professor Gabor Halmai, European University Instituteen
dc.description.abstractThis thesis is concerned with the protection of conscientious objection in the workplace under the freedom of thought, conscience and religion, particularly as protected in Article 9 of the European Convention on Human Rights. Specifically, the aim of this thesis is to try to identify particular norms under the freedom of thought, conscience and religion as apply to instances of conscientious objection in the workplace, defined as instances of irreconcilable conflict between an individual’s fundamental moral precepts and an otherwise applicable work duty. In order to identify such norms, this thesis considers three case studies: first, the jurisprudence of the European Court of Human Rights concerning Article 9 rights in the workplace context, second, approaches to conscientious objection in the healthcare profession, and third, approaches to selective conscientious objection in the professional military. Having identified some tentative norms under the freedom of thought, conscience and religion as apply to conscientious objection in the workplace, this thesis concludes by considering whether the norms identified are ‘rules’ or ‘principles’ according to the distinction articulated by Robert Alexy in A Theory of Constitutional Rights. This thesis argues that correctly identifying the applicable norms as either rules or principles enables a more coherent legal framework for approaching instances of conscientious objection in the workplace to be constructed. Moreover, it is suggested that identifying particular norms as either rules or principles allows for a reconceptualization of the freedom of thought, conscience and religion based on an inalienable core of ‘rules’ surrounded by a more general principle. It is argued that such a conceptualization addresses at least some of the criticisms which have been voiced regarding the traditional forum internum/externum (or belief/practice) construct of the freedom of thought, conscience and religion.en
dc.format.mimetypeapplication/pdfen
dc.language.isoenen
dc.publisherEuropean University Instituteen
dc.relation.ispartofseriesEUIen
dc.relation.ispartofseriesLAWen
dc.relation.ispartofseriesPhD Thesisen
dc.rightsinfo:eu-repo/semantics/openAccessen
dc.subject.lcshConscientious objection
dc.subject.lcshLiberty of conscience
dc.subject.lcshHuman rights
dc.titleTowards the core of conscience : a study on conscientious objection in the workplace under the freedom of thought, conscience and religionen
dc.typeThesisen
dc.identifier.doi10.2870/230995
eui.subscribe.skiptrue
dc.embargo.terms2023-12-18
dc.date.embargo2023-12-18


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