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Student Number : 0353470 - MA research report - School of Philosophy - Faculty of Humanities / The South African Choice on Termination of Pregnancy Act 92 of 1996 is regarded as one of the most liberal abortion laws in the world. It aims to uphold the rights of women as equal citizens, give effect to their rights to reproductive healthcare and redress past discriminatory legislation. Conscientious objection by healthcare providers to terminating pregnancies is also allowed in terms of the act. This research report considers the justification for the right of conscientious objection by the healthcare provider in the face of the conflicting claims of a pregnant woman seeking abortion. There are good reasons for a pregnant woman’s right to terminate pregnancy, just as they exist for the healthcare provider who objects, on grounds of conscience, to involvement in the process. I will attempt to balance these sets of rights, weigh priorities, and offer possible solutions. A focus on the unique value of each individual demands that each one be accorded dignity and respect. Thus ways of minimizing conflict are explored. Though compromise may be required, it is important that healthcare workers have the freedom to live their lives with integrity.

[Preface] " ... the focus of this inquiry is limited to some of the connections between conscientious objection in South Africa and the worship and imitation of Christ. More specifically, at the most general level this essay is an attempt to explore six questions: What kind of conscientious objection does South African law allow? Why are some conscientious objectors only conscientious noncombatants? Why are some Christians conscientious noncombatants? Is it appropriate to worship Christ? Does Romans 13 undermine conscientious noncompliance? And is there a prescription for servile compliance? These are, however, not the only questions which are raised in this essay. Nor are they the only questions which can and need to be asked. But they are the questions which interest me. In addition, they have not received as much attention as they deserve".

Thesis (LL. M.)--University of Toronto, 2005. / Cover title. Includes bibliographical references (leaves 79-87).

Despite its ubiquity in debate over the justifiability of civil disobedience and conscientious objection, “conscience” remains an opaque concept. The attempt to define and employ it properly is not a purely academic exercise. The political language and behavior we associate with conscientiousness are empty to the point of being vulnerable to co-option by manifestly non-conscientious, violent, and reactionary movements. My argument is that the ease with which political actors adopt the language of conscience is due, not poor public understanding of the concept of “conscience,” but to the concept itself. In modern philosophical interpretations of conscience, such as that of Martin Luther and John Locke, the conscience is reified as a moral faculty or interior conversation of the individual. This is a departure from classical views of conscientiousness (for instance, Augustine’s), which emphasize the shared, fragile and habitual nature of conscience. Once “conscientiousness” is reified as “conscience,” it becomes difficult to characterize, except in negative terms, as an inner space free from tradition and force. My thesis is that the co-option of the language of conscience stems, in part, from the empty and conflicted characterization of philosophy in modern contract theory. One example of this conflicted characterization of conscience is the abortive project of distinguishing civil disobedience and conscientious objection. In law, politics, and philosophy, it is difficult to offer sound reasons for distinguishing these latter categories, despite frequent attempts to do so. The attempt fails on conceptual as well as practical grounds. I criticize two prominent treatments of civil disobedience and conscientious objection in evidence of this claim (John Rawls and Michael Walzer). When it comes to the language of conscience, modern American culture has committed the philosophic fallacy (John Dewey). We have substituted the clear divisions and images created by conscientious movements for the process that created them. I argue that “conscience” is best seen as a quality of healthy debate between adversaries—debates over problems so fundamental that they will be carried on in extra-legal and even illegal spheres. Conscience is a not a language that just any political actor can speak at will. It is a series of decisions that indicate to a public that we are not political enemies but political adversaries, seeking a political future together (Chantal Mouffe).

Health conscientious objection in Spain: nature and exerciseConscientious objection is conceived as the infringement of a legal duty, peacefully and morally motivated, which aims to safeguard the own moral integrity against a heteronomous imperative judged as unfair. Generally, there is social agreement concerning some justice principles that generate group-shared laws. However, there can be disagreement among some of the members of the group, which can lead them to decide to break the law. The aim of this paper is to reflect on the social and juridical legitimacy of an individual’s moral obligation to disobey a rule that is incompatible with his or her personal options, in order to assert that faculty and base it on the existence of a conscientious objection right. Also, it seeks to point out the existing difficulties in Spain to exercise the conscientious objection within the healthcare sector. / La objeción de conciencia se concibe como el incumplimiento de un deber jurídico, pacífica y moralmente motivado, que procura salvaguardar la propia integridad moral frente a un imperativo heterónomo que se juzga injusto. En general, existe acuerdo social en torno a unos principios de justicia que generan normas compartidas por el grupo. Sin embargo, pueden existir discrepancias entre algunos de los miembros del mismo, que los lleven a optar por la desobediencia a la norma. En este trabajo se pretende reflexionar acerca de la legitimidad social y jurídica de la obligación moral de un individuo de desobedecer o incumplir una norma jurídica incompatible con sus opciones personales, con el objetivo de afirmar dicha facultad y fundamentarla en la existencia de un derecho a la objeción de conciencia. También se quiere poner de manifiesto las dificultades que encuentra en España el ejercicio de la objeción de conciencia en el contexto sanitario.

The protection of the emerging right of conscientious objection to military service is one of the most challenging questions in international human rights law. The primary objective of this doctoral thesis is to clearly identify the minimum international legal standards on the phenomenon of conscientious objection to military service as emerging from the jurisprudence of international human rights bodies. Furthermore, this study aims to explore and assess how the Member States of the Council of Europe are effectively implementing these standards within their domestic laws and practice. The implementation of legal standards on conscientious objection in the Council of Europe varies considerably between the 47 Member States of the organisation due to a rapidly transforming sociopolitical landscape that affects the speed in which legislative and procedural amendments take place. Some of the themes explored throughout this thesis include: the legal contours of the right to conscientious objection to military service, including the grounds legally accepted to justify a conscientious objection; procedural guarantees with regard to the application process to be granted conscientious objectors status; the provision of accurate information to members of the public affected by mandatory military service and the extension of these principles to professional members of the armed forces. The thesis is structured as a thematic presentation of applicable international human rights standards and State practice and explores common issues, best practices and future challenges between the Member States of the organisation. The study does not merely aspire to describe the present situation in the Council of Europe, but rather aims to contribute to academic know ledge by proposing the development of a more coherent framework of legal and procedural obligations, based on the need to review and adapt national legislation in accordance to indicators and benchmarks derived from the Council's standard-setting policies.

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This thesis discusses the politics of conscientious objection in Turkey within a framework of citizenship. In this study citizenship is identified with being political and conceived as a process comprised of acts and practices. According to this conception, while practices reproduce the discourse of citizenship in a given context, acts are the deeds that challenge this discourse. Conscription, within this framework, is defined as a citizenship practice which re/produces the militaristic, nationalistic and gendered content of the Turkish citizenship. Conscientious objection is approached as an act of citizenship that contests and challenges the established citizenship regime in the country. This challenge and contestation is presented through the interviews with the conscientious objectors and activists as well as a review of the already published material by and on them. Conscientious objection challenges the citizenship regime in Turkey on three inter-related grounds: 1. It challenges and exposes the militaristic content of the discourse of citizenship in Turkey. 2. It challenges the political content of &lsquo / Turkishness&rsquo / &ndash / that is the nationalistic content of Turkish citizenship- with particular reference to Kurdish issue / and 3. It challenges the prevailing gender roles and the values of hegemonic masculinity in Turkey.