Relevant Problems of the Correlation Between the Concept and Content of the Right to Freedom of Conscience and Religion

IF 0.9 3区社会学 Q2 LAW

Journal of Legal Studies Pub Date : 2021-05-26 DOI:10.2478/jles-2021-0004

Dariia Melnykova

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Abstract

Abstract The right to freedom of conscience and religion is a fundamental natural right, which is enshrined in international legal acts and acts of national legislation. At the same time, the different regulation of the mentioned right in distinct acts attracts attention. Variations include the “right to freedom of thought, conscience and religion”, “the right to freedom of conscience and confession” etc. This article analyzes all cases of terminological regulation of the right to freedom of conscience and religion. The content of each of the categories is analyzed, due to which the concept of the right to freedom of conscience and religion is defined and a clear distinction is made between each of the categories. Along with this, the interaction of the content and the concept of the right to freedom of conscience and religion is established. Based on the research conducted within the article, the most successful concept for expressing the content of the right to freedom of conscience and religion is determined. The article also analyzes the rulings of the European Court of Human Rights on the vision of the content and concept of the right to freedom of conscience and religion.

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论信仰与宗教自由权的概念与内容的相关问题

良心和宗教自由权利是一项基本的自然权利，在国际法和各国立法中都有明文规定。同时，不同行为对上述权利的不同规定也引起了人们的关注。包括“思想、良心和宗教自由的权利”、“良心和忏悔自由的权利”等。本文分析了信仰和宗教自由权术语规范的所有案例。对每一类的内容进行了分析，据此界定了良心和宗教自由权的概念，并对每一类作出了明确的区分。与此同时，良心和宗教自由权的内容与概念的互动也得以确立。根据本文所进行的研究，确定了表达良心和宗教自由权内容的最成功的概念。文章还分析了欧洲人权法院对良心和宗教自由权的内容和概念的看法。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Journal of Legal Studies LAW-

CiteScore

1.70

自引率

10.00%

发文量

审稿时长

8 weeks

期刊介绍： The Journal of Legal Studies is a journal of interdisciplinary academic research into law and legal institutions. It emphasizes social science approaches, especially those of economics, political science, and psychology, but it also publishes the work of historians, philosophers, and others who are interested in legal theory. The JLS was founded in 1972.