LIBERTAD Y OBJECIÓN DE CONSCIENCIA: FUNDAMENTOS HISTÓRICO-DOGMÁTICOS Y FUNCIONALIDADES CONSTITUCIONALES

Abstract

Because of increasing state regulatory activity on morally sensitive issues, conflicts of conscience have arisen more frequently in recent years. The aim of this paper is to present a theoretical contribution, based on the history of law and constitutional scholarship, that might inform and shed light on decision-making bodies, and interpreters of law, whenever urged to resolve disputes involving conscientious claims. Based on the need of balancing rights, we intend to address the content, importance and historical reasons behind the rights to freedom of conscience and conscientious objection. Initially, we present a brief history of the affirmation of freedom of conscience as a human right, necessary to understand the reasons that led to the international recognition of this inviolable guarantee, besides highlighting the historical context of the affirmation of conscientious objection, manifestation of that freedom. Then, a brief conceptual construction and presentation of the main features of the conscientious objection will be explored. Finally, the paper turns to the analysis of the constitutional functions of freedom of conscience and conscientious objection, that is, to know which legal virtualities arise from a robust and effective protection of these rights