„LIBERTATEA DE CONȘTIINȚĂ”, UN DREPT PRIMORDIAL AL OMULUI. PRECIZĂRI ȘI CORECTIVE PRIVIND CONȚINUTUL ȘI STATUTUL EI JURIDIC
"Freedom of Conscience", A Primordial Human Right. Clarifications and Corrections Regarding Its Content and Legal Status

Summary/Abstract: In the Romanian juridical literature, there is professed an erroneous idea according to which the freedom of conscience is not more than a „civil and political right”, and that this liberty would have a "complex" content, and as such it would encompass in its wider sphere both the freedom of thought and opinion (of expression), and the religious freedom. However, this erroneous idea is not aware of the "jus naturale" (natural law) and "jus gentium" (international law) doctrines, which attests that its adepts remained dependent on a outdated legal doctrine, shaped in accordance with the philosophical and political thinking of the French Revolution (1789) and of the Bolshevik Revolution (1917). Hence, the obvious need to make some clarifications and corrections both in the spirit of the norms of the main international instruments, which have the force of "jus cogens", and in that of the religious and humanistic values of Europe, which influenced in fact even the evolutionary process of the European legal culture.

• Details
• Contents