The Resource Towards the core of conscience : a study on conscientious objection in the workplace under the freedom of thought, conscience and religion, Pilvi Rämä

Towards the core of conscience : a study on conscientious objection in the workplace under the freedom of thought, conscience and religion, Pilvi Rämä

Label
Towards the core of conscience : a study on conscientious objection in the workplace under the freedom of thought, conscience and religion
Title
Towards the core of conscience
Title remainder
a study on conscientious objection in the workplace under the freedom of thought, conscience and religion
Statement of responsibility
Pilvi Rämä
Creator
Contributor
Subject
Language
eng
Summary
This 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
Member of
Cataloging source
FIE
http://library.link/vocab/creatorName
Rämä, Pilvi
Date time place
Defence date: 18 December 2019
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW, 2019)
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • Conscientious objection
  • Liberty of conscience
  • Human rights
Label
Towards the core of conscience : a study on conscientious objection in the workplace under the freedom of thought, conscience and religion, Pilvi Rämä
Link
http://hdl.handle.net/1814/65607
Instantiates
Publication
Note
Examining Board: Professor Martin Scheinin, EUI (Supervisor); Professor Janneke Gerards, Utrecht University; Professor Sir Malcolm Evans, University of Bristol; Professor Gabor Halmai, EUI
Bibliography note
Includes bibliographical references (pages 209-231)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
FIE
Dimensions
30 cm.
Extent
ix, 231 pages
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)1135582459
Label
Towards the core of conscience : a study on conscientious objection in the workplace under the freedom of thought, conscience and religion, Pilvi Rämä
Link
http://hdl.handle.net/1814/65607
Publication
Note
Examining Board: Professor Martin Scheinin, EUI (Supervisor); Professor Janneke Gerards, Utrecht University; Professor Sir Malcolm Evans, University of Bristol; Professor Gabor Halmai, EUI
Bibliography note
Includes bibliographical references (pages 209-231)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
FIE
Dimensions
30 cm.
Extent
ix, 231 pages
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)1135582459

Library Locations

    • Badia FiesolanaBorrow it
      Via dei Roccettini 9, San Domenico di Fiesole, 50014, IT
      43.803074 11.283055
Processing Feedback ...