Conscientious objection as a fundamental right. Limits and guarantees

Abstract

This article assumes that when the individual is prevented, for different reasons, from the right to exercise his freedom of conscience, he is placed under a decision that distances him from social goals and human rights. Conscientious objection is the opposition of a person to a legal imperative or an authority, based on moral, religious and ideological principles. It does not constitute an uprising against the Law in general, nor against certain legal institutions, but against the obligatory nature of the norm for the objector, who is faced with the dilemma of obeying the norm or his own conscience. For this reason, the objective was determined to clarify the legislative need for the promulgation of limits and guarantees for the effective use of this crucial human right. For this purpose, a qualitative, descriptive, inductive and deductive approach was used. From this analysis, some proposals are extracted that can serve for the constitutional protection of this right.