Jocelyn Maclure and Charles Taylor provide a clearly reasoned, articulate account of the two main principles of secularism—equal respect, and freedom of conscience—and argue that in our religiously diverse, politically interconnected world, secularism, properly understood, may offer the only path to religious and philosophical freedom.

The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether (...) or not to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties. (shrink)

Is there a moral right to freedom of conscience? Should a legal right to freedom of conscience be established in each country on Earth? This essay argues for negative answers to both questions. The term freedom of conscience might refer to freedom of thought and the freedom of expression that sustains freedom of thought. In this sense we might affirm the right of each person to form individual opinions about the right (...) and the good, about what we owe one another by way of due consideration of others, and about what is worthy of pursuit in life, on the basis of free discussion of these matters. In the present discussion, these freedoms, important as they might be, are not under consideration. Let us assume freedom of thought and expression are secured. The status of freedom of conscience in the sense that is our concern in this discussion is still wide open. (shrink)

Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity (...) and self-respect are all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience-based claims. (shrink)

The proclamation of freedom of conscience and freedom of religion is one of the important achievements of mankind in the context of civilization development. The analysis of the historical temporal aspect of the development of freedom of conscience and freedom of religion testifies to the constant attention to these problems in the diversity of their manifestation. They without exaggeration are some of the most important and relevant topics of philosophical, legal, religious, and theological discourse. (...) Essential conceptual peculiarity of freedom of conscience and freedom of religion, their paradigmatic fundamentals, is devoted to a large array of scientific and theological literature, special studies. (shrink)

The problem of freedom of conscience is an important component of the subject field of Ukrainian religious studies, both in the historical and contemporary context of its development. In view of the complex, all-encompassing transformation processes that have taken place in our country for eleven years of its independent existence and continue today, it has been and remains relevant and socially demanded in theoretical and practical terms.

While abortion has been legal in most developed countries for many years, the topic remains controversial. A major area of controversy concerns women’s rights vis-a-vis the rights of health professionals to opt out of providing the service on conscience grounds. Although scholars from various disciplines have addressed this issue in the literature, there is a lack of empirical research on the topic. This paper provides a documentary analysis of three examples of conscientious objection on religious grounds to performing abortion-related (...) care by midwives in different Member States of the European Union, two of which have resulted in legal action. These examples show that as well as the laws of the respective countries and the European Union, professional and church law each played a part in the decisions made. However, support from both professional and religious sources was inconsistent both within and between the examples. The authors conclude that there is a need for clear guidelines at both local and pan-European level for health professionals and recommend a European-wide forum to develop and test them. (shrink)

The widespread emergence of innumerable technologies within health care has complicated the choices facing caregivers and their patients. The escalation of knowledge and technical innovation has been accompanied by an erosion of moral and ethical consensus among health providers that is reflected in the abandonment of the Hippocratic Oath as the immutable bedrock of medical ethics. Ethical conflicts arise when the values of health professionals collide with the expressed wishes of patients or the dictates of regulatory bodies and administrators. Increasing (...) attempts by groups outside of the medical profession to limit freedom of conscience for health providers has raised concern and consternation among some health professionals. The personal and professional impact of health professionals surrendering freedom of conscience and participating in actions they deem malevolent or unethical has not been adequately studied and may not be inconsequential when considering the recognized impact of other circumstances of coerced complicity. We argue that the distinction between the two ways that freedom of conscience is exercised (avoiding a perceived evil and seeking a perceived good) provides a rational basis for a principled limitation of this fundamental freedom. (shrink)

At a historic dialogue convened at the University of Richmond, Virginia, Baptist and secular humanist scholars in theology, history, philosophy, and the social sciences, came together to define shared concerns and common values. The dialogue focused on major areas of concern: academic freedom; social, political, and religious tolerance; biblical scholarship; separation of church and state; the social agenda of the Christian Coalition and the Southern Baptist Convention; the danger of militant fundamentalism; freedom of conscience and the historic (...) and current role of American Baptists; as well as the plight of pluralistic democracy. (shrink)

This paper addresses the question of whether the interest liberal societies have in producing liberal citizens gives liberal societies the right to regulate the affairs of illiberal groups. It claims that attempts by Rawls and Galston to make liberalism more “pluralism friendly” by reducing the demands for liberal citizenship fail, and it explores arguments by Amy Gutmann, Susan Moller Okin, Eamonn Callan and Will Kymlicka that support a stronger interest in regulating the socialization practices of illiberal groups. The main conclusion (...) of the article is that we must seek for a context-sensitive balance between the need to produce liberal citizens and other liberal values such as freedom of conscience. (shrink)

This paper addresses the question of whether the interest liberal societies have in producing liberal citizens gives liberal societies the right to regulate the affairs of illiberal groups. It claims that attempts by Rawls and Galston to make liberalism more “pluralism friendly” by reducing the demands for liberal citizenship fail, and it explores arguments by Amy Gutmann, Susan Moller Okin, Eamonn Callan and Will Kymlicka that support a stronger interest in regulating the socialization practices of illiberal groups. The main conclusion (...) of the article is that we must seek for a context-sensitive balance between the need to produce liberal citizens and other liberal values such as freedom of conscience. (shrink)

Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 59 Heft: 1 Seiten: 228-244.

Access to abortion is becoming increasingly restricted for many women in the United States. Besides the longstanding financial barriers facing low-income women in most states, a newer source of scarcity has emerged. The relatively small number of physicians willing to perform the procedure is compromising the ability of women in certain parts of the country to obtain an abortion.Do physicians have a duty to respond to this situation? Do they have a professional responsibility to ensure that abortions are reasonably available (...) to the women who want to terminate their pregnancies? Or, is abortion so morally and socially controversial as to remove any professional obligation to provide reasonable access?Both law and medical ethics have traditionally protected physicians’ freedom to refuse to perform any procedure, including abortion, that conflicts with their religious or other moral beliefs. (shrink)

Access to abortion is becoming increasingly restricted for many women in the United States. Besides the longstanding financial barriers facing low-income women in most states, a newer source of scarcity has emerged. The relatively small number of physicians willing to perform the procedure is compromising the ability of women in certain parts of the country to obtain an abortion.Do physicians have a duty to respond to this situation? Do they have a professional responsibility to ensure that abortions are reasonably available (...) to the women who want to terminate their pregnancies? Or, is abortion so morally and socially controversial as to remove any professional obligation to provide reasonable access?Both law and medical ethics have traditionally protected physicians’ freedom to refuse to perform any procedure, including abortion, that conflicts with their religious or other moral beliefs. (shrink)

Religion and Education… The problem of their relationship has long interested the pedagogical community and the Church. Recently, in connection with the actualization of a religious factor in public and spiritual life, the desire of some Churches to use the public school selfishly, outrightly and illegally, it has appeared in Ukraine as well. The question is not whether or not to give knowledge of religion through the education system. The question arises as to what knowledge and to what extent it (...) should be taught, when, where and by whom it should be given. The question also arises as to whether there should be two systems of education in parallel - secular and spiritual, and whether spiritual education by its status should be equated with secular and attested by the same documents as in the sphere of secular life. But if this is the case, then it is likely that spiritual education is then subject to the rule of studying in educational institutions the compulsory list-minimum of the disciplines currently taught in all secular educational establishments and which form a broad outlook on their recipients. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that the refusals are just (...) cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

First of all - about the connections of culture and religion. This question is one of those who, in the recent past, was subjected to all kinds of distortions. Consequently, our contemporary Ukrainian society needs a true meeting of religion and culture. The attempt of Marxism to create a new humanism, which completely rejects religion and is based only on atheism, and even that which was given a militant character, proved to be insolvent. Even now we understand that it is (...) impossible to build a culture denying the close connection between religion and culture. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that the refusals (if repeated) (...) are just cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

For the sake of developing a discussion on the problem of defining “freedom of conscience,” let us start by saying that, at first glance, there is no such problem at the surface. At least, when you have the opportunity to familiarize yourself with this topic in the textbooks on religious studies, where very often only the presence of this democratic institution in our society and the legal guarantees of its existence, or the political principles on which it is (...) based, are given. Meanwhile, the periodical and the scientific press have shown that in many cases the exercise of freedom of conscience in our country is far from what the law requires, as well as from the political demands that justify it. (shrink)

Our research is based on a rather large "library" of various works by M. Drahomanov, which contains his views on religion. Among them: Paradise and Progress, From the History of Relations Between Church and State in Western Europe, Faith and Public Affairs, Fight for Spiritual Power and Freedom of Conscience in the 16th - 17th Centuries,, "Church and State in the Roman Empire", "The Status and Tasks of the Science of Ancient History," "Evangelical Faith in Old England," "Populism (...) and Popular Progress in Austrian Rus, Austrian-Russian Remembrance," "Pious The Legend of the Bulgarians "," The Issues of Religious Freedom in Russia, "" On the Brotherhood of the Baptist or the Baptist in Ukraine, "" The Foreword, " Shevchenko, Ukrainianophiles and Socialism "," Wonderful thoughts about the Ukrainian national affair "," Zazdri gods "," Slavic variants of one Gospel legend "," Resurrection of Christ ", etc. (shrink)

On September 12, 2000, in Kyiv, an international scientific and practical seminar "Humanism and Democracy of Legislative Initiatives in the Sphere of Freedom of Conscience: International and Ukrainian Context" was organized by the International Academy of Religious and Religious Belief, the Committee of the Verkhovna Rada of Ukraine on Culture and Spirituality, the Department of Religious Studies at the Institute of Philosophy named after GS Skovoroda of the National Academy of Sciences of Ukraine, Center for Religious Information and (...) Freedom of the Ukrainian Association of Religious Studies. (shrink)

Kenneth Strike’s essay on pluralism, personal identity, and freedom of conscience, takes up the concept of identity, and contrasts cultural and religious pluralism. He argues that the issues of affiliational obligation and recognition are often different in these two types of pluralism, and that religious groups are often asking for something very different from cultural groups. Strike makes a case for a more fluid conception of the idea of identity and against its essentialist form; he holds, e.g. that (...) some of his affiliations are stronger than others and more tied to his sense of a larger self, but it is questionable, he argues, whether any of these affiliations could not be re-evaluated without loss of the larger idea of the self. Strike does allow that members of groups more oppressed than his might certainly rally around the attributes that they hold in common, and he is sympathetic to this strategic function of identity. Nevertheless, he wants to hold onto the individualized and phenomenological conception of identity: identity is whatever the agent feels it to be. (shrink)

The study of the place and role of religious education in the post-secular world is undoubtedly increasing. First of all, this is due to the loss of religion of its influence on modern society, the growth of globalization processes, and attempts to preserve national and cultural identity. At the same time, we are talking not only about the problems inherent in whole countries and peoples, but also about the right of an individual to his own worldview and moral choice - (...) freedom of conscience, and most importantly - the possibility of realizing this choice. (shrink)

Medical practitioners of all specialisms are identified by their professional titles. Their function is determined by their regulators, and subject to voluntary employment contracts....

In the context of European integration, the great French Christian philosopher Jacques Maritain and his influence on the European project in the mid-20th century are mentioned very rarely. This paper seeks to shed some light on his somehow hidden role in this context, especially given the central role of freedom of conscience within the personalist philosophical heritage to which Maritain belonged and the political philosophy he shaped, which had a key impact on the European project and its basic (...) documents. Freedom of conscience is seen here as the cornerstone of all human freedoms despite all the risks and complications that this entails. In all conflicts between the State and the conscience, it is necessary and desirable to always go in favour of the conscience or at least to lean towards political solutions that respect or at least do not despise the conscience of the person. Whenever we face seemingly unsolvable problems in such conflicts, dialogue and negotiation should always be chosen instead of violence and imposition. (shrink)

Reformed Christianity's qualified embrace of freedom of conscience is per- haps best represented by William Ames (1576-1633). This essay explores Ames's interpretation of conscience, his understanding of its relationship to natural law, Scripture, and civil authority, and his vacillation on the sub- ject of conscientious freedom. By rooting his interpretation of conscience in natural law, Ames provided a foundation for conscience as an authority whose convictions are binding and worthy of some civil respect and (...) free- dom. At the same time, his Puritan worldview ultimately required the deference of conscience to the superior manifestations of divine law in Scripture and civil institutions. As a result, Ames provided raw ingredients for a theological doctrine of freedom of conscience despite his unwillingness to commend the idea himself consistently. In this way, Ames symbolizes an ambiguity on freedom of conscience characteristic of the broader Reformed tradition. (shrink)

RESUMEN: En el presente artículo se intentará demostrar que la libertad de conciencia y religiosa conforman un único derecho que tienen como fin proteger las creencias e ideologías de las personas, independientemente de su carácter religioso o secular. Por ende, se sostendrá que la fórmula adoptada por el sistema jurídico colombiano de promover el fenómeno religioso es contraria al principio de igualdad porque privilegia una visión del mundo teísta frente a otras visiones, también válidas en un Estado constitucional y pluralista (...) como el colombiano.ABSTRACT: In this article we will try to demonstrate that the freedom of conscience and religion constitute a single right that have as a purpose to protect the beliefs and ideologies of people, regardless of their religious or secular character. Therefore, it will be argued that the formula adopted by the Colombian legal system to promote the religious phenomenon is contrary to the principle of equality because it privileges a view of the theist world against other visions, also valid in a constitutional and pluralist state like Colombia.PALABRAS CLAVES: libertad de conciencia, libertad religiosa, estado laico, neutralidad religiosa, separación KEYWORDS: freedom of conscience, religious freedom, secular state, religious neutrality, separation. (shrink)

Legal assessment of the provisions of the Federal Law "On Freedom of Conscience and Religious Associations", which contradict the Constitution of the Russian Federation and generally accepted norms of international law.

The April 1991 Law of Ukraine "On Freedom of Conscience and Religious Organizations" fell on the hard part, which its creators did not guess, to be the regulator of relations in the religious sphere during the period of radical socio-political, economic and spiritual changes in the Ukrainian society, the permanent religious- church differentiation of churches and religious organizations, separation of previously almost unipolar composition of hierarchs, clergy, believers according to the criteria of national orientation, canonicality.

The article of N. Kulish "Improvement of legal normalization of church-state relations in Ukraine - an important condition of the implementation of freedom of conscience and religion by believers" analyzes the impact of legal normalization of issues of the religious education on modern believer.

Wischik presents an extensive reply to our paper on conscientious objection, which explores the implications of distinguishing ‘medical acts’ from ‘socioclinical acts’. He provides an extensive leg...

This article critically assesses an account of religious liberty often associated with several legal and political philosophers: Ronald Dworkin, John Rawls, and Christopher Eisgruber and Lawrence Sager. Calling it the Religion as Comprehensive Doctrine approach, the author contrasts it with an account often attributed to John Locke and the American Founders Thomas Jefferson and James Madison, the Two Sovereigns approach. He argues that the latter provides an important corrective to RCD’s chief weakness: RCD eliminates from our vision those aspects of (...) religious belief and practice that most conventional religious believers would consider essential to their faith. (shrink)

Martin Heidegger was not only one of the greatest philosophers of the twentieth century but also a supporter of and a contributor to one of the most discriminatory ideologies of the recent past. Thus, "the Heidegger's case" gives us philosophers an opportunity to work on discrimination from a philosophical perspective. My aim in this essay is to question the relationship between freedom and discrimination via Heidegger's philosophy. I will show that what bridges the gap between Heidegger's philosophy and a (...) discriminatory ideology such as the National Socialist ideology is Heidegger's conceptualization of freedom with the aid of a monolithic understanding of history--one that refuses to acknowledge the plurality and heterogeneity in the socio-historical existence of human beings. Accordingly, I will claim that the Heideggerian freedom depends on the social, if not literal, murder of the marginalized segments of a given society. However, I will refuse to conclude that Heidegger's philosophy is a Nazi philosophy and that it should never be appropriated as long as we want to purify our thoughts from discriminatory ideas. Rather, I will re-appropriate Heidegger, against Heidegger, to read and interpret Michel Foucault's and Judith Butler's philosophies. My aim here is to construct a social ontology that may justify anti-discriminatory policies. More specifically, through my Heideggerian readings of Foucault and Butler, I will argue that one's freedom is dependent on the cultural resuscitation of socially, and sometimes literally, murdered racial, sexual, ethnic, religious, and sectarian/confessional minorities. (shrink)

The problem of incorporating a religious component into the secular education system in Ukraine is now extremely relevant. Evidence of this is the active thematization of the issue of the introduction of the course of "Christian Ethics" in general educational institutions at meetings of the President of Ukraine with church leaders, heads of regional administrations, etc.