Sprzeciw sumienia w europejskim i krajowym systemie ochrony praw człowieka
Conscientious Objection in the European and National Systems of Human Rights Protection
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The article is an analysis of conscientious objection in the European and the national system of human rights protection. Freedom of conscientious objection is recognized by both Article 9(1) of the European Convention on Human Rights (ECHR) and Article 10(2) of the Charter of Fundamental Rights of the European Union. It presents the case law of the European Court of Human Rights focusing in particular on the following cases: Bayatyan v. Armenia (Application no. 23459/03), ECtHR judgment of 7 July 2011, and Eweida and Others v. the United Kingdom, (Applications nos. 48420/10, 59842/10, 51671/10 and 36516/10), ECtHR judgment of 15 January 2013, in which the Court did not refer explicitly to protection of the conscientious objection on the basis of Article 9(1) ECHR. However, this view is not justifi ed because conscience clause is protected by the human right to freedom of conscience and religion and is part of the essence of this right. As a human right, conscience clause imposes on the State an obligation to create such a legal system that makes it possible to use this right. The author also points out the scope of the human right to conscientious objection and claims that it should have a subsidiary character, be limited to justifi ed cases, as well as seek to protect the interests confi ned in the systems of natural law or positive law.
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