[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.

Le capital social, de par la pluralité de ses fonctions, est le théâtre de la rencontre de l'intérêt des créanciers, des actionnaires et de la société. Sa modification, réalisée à la hausse ou à la baisse, impacte corrélativement l'étendue des prérogatives dont bénéficient ces protagonistes. Si ces derniers peuvent être animés d'objectifs divergents -et doivent, en conséquence, être protégés séparément -ils s'accordent néanmoins sur la nécessité de certaines caractéristiques intrinsèques du capital social. Aussi, il n'est pas surprenant que le législateur se soit attaché à assurer la sauvegarde de leurs droits, soit chacun particulièrement, soit de manière collective. L'étude des différentes mesures de protections prévues par le droit positif révélera tantôt ses imperfections, tantôt ses lacunes et ses incohérences. Sera également mis en exergue le caractère modulable de certains dispositifs, offrant ainsi aux organes sociaux la faculté de les supprimer ou de les façonner en fonction de la vision « distributive» ou« financière» du capital social qu'ils auront arrêtée. Enfin, cette étude mettra en relief l'opportunité d'autoriser sa variabilité sans contrainte si celle-ci est limitée par deux bornes, lesquelles dessineraient le capital« autorisé ». / Due to the multiplicity of its functions, the share capital is the scene where the interests of creditors, shareholders and the company meet. Its modification, whether it be for amplification or reduction, has an impact which corresponds to the extent of the prerogatives which the protagonists enjoy. If the latter may have conflicting objectives -and must therefore be protected separately -they nevertheless agree on the necessity of some intrinsic features of the share capital. This is why it is not surprising that the legislator has made a point of safeguarding their rights, either on an individual basis or collectively. The study of the different protection measures provided for by the positive law sometimes reveals its imperfections, sometimes its shortcomings and its inconsistencies. The adjustable nature of some specific devices will also be highlighted, thereby providing the social organs with the right to remove or shape them according to the "distributive" or "financial" vision of the social capital they will have determined. Finally, this study will highlight whether or not to allow its variability without constraint if it is set within two bounds, which would represent the "authorized" capital.

- 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.

The apartheid state was vulnerable to the opposition of the End Conscription Campaign (ECC) on two fronts. From 1967 universal white male conscription was introduced, and progressively increased until 1984. This indicated the growing threat to the apartheid state from regional decolonisation which offered bases for the armed liberation movement. From 1977 a policy of "reformed apartheid" attempted to contain internal black opposition through socio-economic upliftment, but the failure of this containment intensified the need for military coercion. Minority conscription created an ongoing manpower challenge, which the ECC exacerbated by making the costs of conscription explicit, thus encouraging non-compliance and emigration. Secondly, the National Party used a security discourse to promote unity among whites, offsetting both its conscription demands and its decreased capacity to win white political support through socio-economic patronage. After the formation of the Conservative Party in 1982, the state faced conflicting demands for stability from the right, and for reform from the left. The ECC's opposition intensified these political differences, and challenged conscription on moral grounds, particularly the internal deployment of the SADF after 1984. Through its single-issue focus the ECC was able to sidestep divisions which plagued existing anti-apartheid opposition, uniting a variety of groups in national campaigns between 1984 and 1988. Since it could not afford to accommodate the ECC's demands, and in view of growing white acceptance of aspects of the ECC's opposition, the state repressed the ECC to limit its public impact. By 1988 - in a climate of growing white discontent around the material and personal costs of conscription, economic decline, political instability and conscript deaths in Angola - the ECC's call for alternatives to military conscription encouraged a broader range of anti-conscription sentiment, prompting the state to ban it. / History / M.A. (History)

The apartheid state was vulnerable to the opposition of the End Conscription Campaign (ECC) on two fronts. From 1967 universal white male conscription was introduced, and progressively increased until 1984. This indicated the growing threat to the apartheid state from regional decolonisation which offered bases for the armed liberation movement. From 1977 a policy of "reformed apartheid" attempted to contain internal black opposition through socio-economic upliftment, but the failure of this containment intensified the need for military coercion. Minority conscription created an ongoing manpower challenge, which the ECC exacerbated by making the costs of conscription explicit, thus encouraging non-compliance and emigration. Secondly, the National Party used a security discourse to promote unity among whites, offsetting both its conscription demands and its decreased capacity to win white political support through socio-economic patronage. After the formation of the Conservative Party in 1982, the state faced conflicting demands for stability from the right, and for reform from the left. The ECC's opposition intensified these political differences, and challenged conscription on moral grounds, particularly the internal deployment of the SADF after 1984. Through its single-issue focus the ECC was able to sidestep divisions which plagued existing anti-apartheid opposition, uniting a variety of groups in national campaigns between 1984 and 1988. Since it could not afford to accommodate the ECC's demands, and in view of growing white acceptance of aspects of the ECC's opposition, the state repressed the ECC to limit its public impact. By 1988 - in a climate of growing white discontent around the material and personal costs of conscription, economic decline, political instability and conscript deaths in Angola - the ECC's call for alternatives to military conscription encouraged a broader range of anti-conscription sentiment, prompting the state to ban it. / History / M.A. (History)