In 1936 the founders of PAX aimed at 'resistance to modern warfare on grounds of traditional morality'. Believing that 'just war' criteria could no longer be met, they called themselves pacifists. Although most members were Roman Catholic Pax did not claim to be a 'Catholic society' because the RC Church at that time took an opposing view, particularly of conscientious objection. Church authorities attempted to censor Pax literature and instructed clergy to resign from the society. Pax supported conscientious objectors during the Second World War. When membership declined afterwards it continued to publish the Pax Bulletin and to provide a forum where Catholics could debate theological and practical questions of war and peace. By the 1960s Pax had gained some distinguished sponsors and a branch in the United States - support which enabled it to influence debate at the Second Vatican Council in 1965. The Council endorsed the right to conscientious objection. In 1971 Pax merged with Pax Christi, the international Catholic peace organisation which began in France in 1944/45. This is the first detailed historical study of the Roman Catholic element in the British peace movement. The story of Pax demonstrates the part that even a small pressure group can play in changing public opinion through patient work. Eventually, despite apathy and opposition, Pax helped bring the RC Church to a recognition of the right to conscientious objection and played a crucial role in the development of a more widespread peace movement within the Church

Doctor of Philosophy / Department of History / Mark P. Parillo / The primary figure in the creation and administration of alternative service for conscientious objectors (COs) during World War II was General Lewis B. Hershey, Director of the Selective Service. With an executive order by President Franklin D. Roosevelt placing the responsibility for alternative service on the shoulders of Hershey, any program within Civilian Public Service (the alternative service program for COs) desired by the Historic Peace Churches (Brethren, Mennonite, Society of Friends) needed Hershey’s approval before it could commence. As a product of the National Guard, Hershey possessed a strong belief in the duty of the citizen to the state in a time of national emergency. However, Hershey also had Mennonite ancestry and a strong belief in minority rights. Though not personally religious, all of his beliefs towards religion, duty, minority rights, and service contributed to a much more liberal policy for COs during World War II, compared to the insensitive treatment of them during the First World War. In short, “Protector of Conscience, Proponent of Service” argues that Lewis Hershey held the primary authority for constructing policy concerning conscientious objection during World War II, and his personal beliefs and actions in shaping alternative service during that time established precedent for the remaining years of conscription in the United States. From the initial peacetime draft in 1940 to the end of conscription in 1973, alternative service remained as the central form of a CO’s duty to the state in lieu of serving in the military. Hershey’s beliefs and actions during World War II resulted in a concept of alternative service that remained for the following years of conscription in the United States, providing an illuminating example of how the concept of the citizen soldier evolved in American military history and extended even to those who refused to serve in the military.

In 1936 the founders of PAX aimed at 'resistance to modern warfare on grounds of traditional morality'. Believing that 'just war' criteria could no longer be met, they called themselves pacifists. Although most members were Roman Catholic Pax did not claim to be a 'Catholic society' because the RC Church at that time took an opposing view, particularly of conscientious objection. Church authorities attempted to censor Pax literature and instructed clergy to resign from the society. Pax supported conscientious objectors during the Second World War. When membership declined afterwards it continued to publish the Pax Bulletin and to provide a forum where Catholics could debate theological and practical questions of war and peace. By the 1960s Pax had gained some distinguished sponsors and a branch in the United States - support which enabled it to influence debate at the Second Vatican Council in 1965. The Council endorsed the right to conscientious objection. In 1971 Pax merged with Pax Christi, the international Catholic peace organisation which began in France in 1944/45. This is the first detailed historical study of the Roman Catholic element in the British peace movement. The story of Pax demonstrates the part that even a small pressure group can play in changing public opinion through patient work. Eventually, despite apathy and opposition, Pax helped bring the RC Church to a recognition of the right to conscientious objection and played a crucial role in the development of a more widespread peace movement within the Church

It is important that the story of organisations like the End Conscription Campaign be recorded. The narrative of the struggle against apartheid has become a site of contestation. As the downfall of apartheid is still a relatively recent event, the history is still in the process of formation. There is much contestation over the relative contributions of different groups within the struggle. This is an important debate as it informs and shapes the politics of the present. A new official narrative is emerging which accentuates the role of particular groupings, portraying them as the heroes and the leaders of the struggle. A new elite have laid exclusive claim to the heritage of the struggle and are using this narrative to justify their hold on power through the creation of highly centralised political structures in which positions of power are reserved for loyal cadres and independent thinking and questioning are seen as a threat. A complementary tradition of grassroots democracy, of open debate and transparency, of “people’s power”, of accountability of leadership to the people fostered in the struggle is being lost. It is important to contest this narrative. We need to remember that the downfall of apartheid was brought about by a myriad combination of factors and forces. Current academic interpretations emphasize that no one group or organisation, no matter how significant its contribution, was solely responsible. There was no military victory or other decisive event which brought the collapse of the system, rather a sapping of will to pay the ever increasing cost to maintain it. The struggle against apartheid involved a groundswell, popular uprising in which the initiative came not from centralised political structures, orchestrating a grand revolt, but from ordinary South Africans who were reacting to the oppressive nature of a brutally discriminatory system which sought to control every aspect of their lives.4 Leaders and structures emerged organically as communities organised themselves around issues that affected them. Organisations that emerged were highly democratic and accountable to their members. There was no grand plan or centralised control of the process. As Walter Benjamin warned in a different context, but applicable here: “All rulers are the heirs of those who have conquered before them.” He feared that what he referred to as a historicist view constructed a version of history as a triumphal parade of progress. “Whoever has emerged victorious” he reminds us “participates to this day in the triumphal procession in which the present rulers step over those who are lying prostrate. According to traditional practice the spoils are carried along in the procession.” 5 He was warning of just such a tendency, which has been repeated so often in the past, for the victors to construct a version of history which ends up justifying a new tyranny. To counter this tendency it is important that other histories of the struggle are told – that the stories of other groups, which are marginalised by the new hegemonic discourse, are recorded.This aim of this dissertation is thus two-fold. Firstly it aims to investigate “the story” of the End Conscription Campaign, which has largely been seen as a white anti-apartheid liberal organisation. The objective is to provide a detailed historical account and periodisation of the organisation to fill in the gaps and challenge the distortions of a new emerging “official” discourse.Secondly within this framework, and by using the activities and strategies of the organisation as evidence for its suppositions, the question of the role played by the ECC in the struggle.

Doctors' Right to Withhold Medical Care Abstract Very little attention is being paid to the rights doctors have to refuse to provide medical care, notwithstanding how important this area of interest is. It is not the aim of this thesis to provide a superficial description of fundamental grounds for withholding treatment. Its primary purpose is to present an analysis of the issues that are of most concern. To this end, the key concepts closely examined are conscientious objection and religious beliefs, as these constitute the subject of frequent interpretative, judicial and ethical disputes. A chapter in this thesis is also dedicated to refusal to provide healthcare based on a risk to the life or body of the health professional. All of the other reasons for not providing medical care or for ending it are briefly discussed within the context of the so-called contractual obligation of healthcare providers. Conscientious objection and religious beliefs are most often viewed from the perspective of public law. Nevertheless, in this thesis the two concepts are presented mainly in the light of private and civil law. A short philosophical and ethical analysis of the two concepts is followed by an extensive legal analysis. The theoretical part of the thesis concentrates on related statutory regulation and the...

Conscientious objection to military service is a widely studied subject in many fields, peace and conflict studies included. The military institution has been an integral part of Israeli society and culture since its inception. However, what happens when you resist not only military service but also significant norms of society? This study explores the experiences of conscientious objectors in Israel with seven semi-structured interviews to understand how it affects their feeling of belonging and rejection within society. By using a thematic analysis and applying an analytical framework consisting of three notions; citizenship, discipline, and redefinition of citizenship, this study seeks to understand the power dynamics in society that shapes their experience of resisting military service. This study argues that conscientious objectors are deviating from the norms and, therefore, are experiencing various forms of discipline that consequently affects their sense of belonging and rejection within Israeli society. It also finds that the objectors themselves are rejecting the hegemonic attitudes of Israeli society which in turn leads them to redefining their belonging and notion of citizenship. This study contributes to the understanding of the intersections between citizenship, military service, and individual conscience.

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[pt] Existe um conflito de direitos entre homossexuais e indivíduos que seguem religiões que pregam que a homossexualidade é contrária às leis divinas e que o casamento é uma união sagrada entre um homem e uma mulher. Esse conflito foi potencializado a partir da legalização do casamento homoafetivo. Por um lado, indivíduos homossexuais têm o direito à igualdade, o que significa que não devem ser discriminados por causa de sua orientação sexual; por outro lado, indivíduos religiosos têm a liberdade de crer em determinada religião e adotar condutas que estejam de acordo com suas crenças. Dentre as situações que podem gerar conflito, três são analisadas neste trabalho: a recusa de um indivíduo religioso a celebrar ou contribuir para uma cerimônia de casamento homoafetivo, com base na perspectiva religiosa sobre o conceito de casamento; a recusa por parte de um psicólogo a atender um paciente homossexual ou casal homoafetivo, sob o fundamento de que suas crenças religiosas o impedem de manifestar aprovação em relação à homossexualidade ou auxiliar uma união homoafetiva durante o atendimento; a recusa religiosamente motivada a fornecer produtos que manifestam apoio ao casamento homoafetivo ou alguma causa LGBT. Além do estudo de doutrina estrangeira sobre o tema, são examinadas dez decisões judiciais referentes a casos concretos ocorridos nos Estados Unidos, Reino Unido e Canadá, com o objetivo de auxiliar na elucidação de parâmetros claros para a melhor resolução da controvérsia em questão, ante a razoável expectativa de que, em breve, conflitos semelhantes surgirão no Brasil. / [en] There is a conflict of rights between homosexuals and individuals who follow religions that preach that homosexuality is contrary to the laws of God and marriage is a sacred union between one man and one woman. This conflict was intensified after the legalization of same-sex marriage. On the one hand, homosexual individuals have the right to equality, which means they must not be discriminated on basis of sexual orientation; on the other hand, religious individuals have the right to believe in a religion and act according to their beliefs. This paper will examine three situations that might cause conflict: the refusal to celebrate or contribute to a same-sex wedding, because of one s religious views on marriage; the refusal to assist a homosexual patient or a same-sex couple, by a psychologist or counselor whose religious beliefs prevent them from affirming homosexuality or assisting a same-sex union; the religiously motivated refusal to print materials that promote same-sex marriage or other LGBT interests. This dissertation will look at foreign studies on the matter, and will examine ten judicial decisions on cases that occurred in the United States, United Kingdom and Canada, in order to help create clear parameters to resolve the controversy, which is likely to soon arise in Brazil.

- Compulsory vaccination This diploma thesis deals with the legal regulation of compulsory vaccination in the Czech Republic. The subject of the thesis is a conflict between compulsory vaccination and fundamental rights and freedoms as a result of the protection of public health. An option to refuse the compulsory vaccination, regulation of following sanctions and the absence of compensatory scheme for vaccine injury issue are also analysed. The first chapter introduces the compulsory vaccination issue. It presents terms related to the compulsory vaccination and current vaccination categories. The second chapter describes the legal regulation of compulsory vaccination with its legal basis in international law. It is concerned with the function of international treaties in the Czech legal system. Moreover, it presents a criticism of compulsory vaccination with respect to its claimed unconstitutionality. This chapter also introduces a public debate concerning compulsory vaccination along with pro and con arguments. The third chapter is, on the one hand concerned with the rejection of compulsory vaccination, and its following sanctions on the other hand. The case law of the Constitutional Court has been analysed with respect to both secular and religious conscientious objections. Moreover, the chapter...

The Importance and Protection of the Conscience of Physician in the Physician-Patient Relationship In democratic countries all over the world, the protection of the conscience of health workers represents a very relevant problem. Especially the controversial but legal procedures, such as abortion or, in some countries, euthanasia, are often refused by health workers on the basis of their conscience. The society faces a difficult dilemma of balancing the interests of physicians, patients, and health care systems. The thesis approaches the problem primarily from the perspective of Catholic moral theology in the frame of a predominantly secular environment of the contemporary Euro-American civilisation. There are analysed the concept of conscience, the basic principles of moral reasoning, virtue ethics and its importance for modern medicine and, finally, the concept of conscientious objection as a model example of the protection of health worker's conscience. The above mentioned particular topics serve as a basis for the evaluation of the importance of the conscience of health worker and the proposal of possible solutions to the related dilemmas.