This chapter begins with a brief examination of the governing definitions, principles and doctrines that have shaped the law relating to conscientious objection in France. It considers the evolving contiguous policy that conferred exemption privileges in respect of conscientious objectors. It traces the developmental process that transformed policy into legislation and outlines the relevant legislation and courts—national and international—that constitute the contemporary framework for addressing issues arising in this area of law. The largest part of the chapter is in two sections. The first examines the contemporary role of conscientious objection as it intersects with the fundamental freedoms: of expression, including hate speech and the role of whistle-blowers; of association/assembly, including protest demonstrations; and the freedom of religion, including manifesting beliefs by wearing signifying clothing. The second examines that role as it relates to public health, social care services public education, national defence/asylum seekers, employment and commercial services. In so doing, the chapter identifies and assesses any significant trends and governing principles.

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France

  • Kerry O’Halloran

摘要

This chapter begins with a brief examination of the governing definitions, principles and doctrines that have shaped the law relating to conscientious objection in France. It considers the evolving contiguous policy that conferred exemption privileges in respect of conscientious objectors. It traces the developmental process that transformed policy into legislation and outlines the relevant legislation and courts—national and international—that constitute the contemporary framework for addressing issues arising in this area of law. The largest part of the chapter is in two sections. The first examines the contemporary role of conscientious objection as it intersects with the fundamental freedoms: of expression, including hate speech and the role of whistle-blowers; of association/assembly, including protest demonstrations; and the freedom of religion, including manifesting beliefs by wearing signifying clothing. The second examines that role as it relates to public health, social care services public education, national defence/asylum seekers, employment and commercial services. In so doing, the chapter identifies and assesses any significant trends and governing principles.