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CONSCIENTIOUS OBJECTOR | JEHOVAH’S WITNESSES | MANDATORY MILITARY SERVICE | PROOF OF SINCERITY | EQUAL TREATMENT

 

Supreme Court of Justice, proc. 080321, 21.05.1991

 

JURISDICTION: Civil

SUBJECT: Conscientious objection

RAPPORTEUR: Joaquim de Carvalho

RULING: Rejects the appeal, confirming the lower court ruling which had denied the appellant’s request for the status of conscientious objector to mandatory military service.

DOMESTIC LAW:

Portuguese Constitution [Article 41(6)]

Law No. 6/85, of 4 May 1985 [Articles 1, 2, 5, 16(5), 24(4)]

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Conscientious objector; mandatory military service; Jehovah’s Witnesses; proof of sincerity; equal treatment; pacifist outlook on the solution to conflicts among men; ordained preaching minister of the Kingdom of God for the Pereiro Congregation of Jehovah’s Witnesses; sincerity of personal beliefs; illegitimacy of the use of violent means; religious, moral or philosophical reasons; previous behaviour consistent with beliefs; affiliation to religious associations or denominations; doctrine contrary to the use of violent means; easy opportunism; citizen; duty to defend the homeland; civic service of equivalent duration and hardship; situations of unconstitutional inequalities; real conscientious objectors; rampant opposition to military service; personal belief; civic duties imposed by the State; militant fervour and adherence; personality of the individual; pacifist and adept at not using weapons; sincere personal belief; affiliation in whatever religious association; religious congregation; national, collective or personal defence; meetings and assemblies of the Good News of the Kingdom of Jehovah’s Witnesses; militates in the Jehovah’s Witnesses; those “Witnesses”; civic services to society; imperatives of his religious beliefs; moral, religious or philosophical upbringing

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE: n.a.

 

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Posted inCONSCIENTIOUS OBJECTOR EQUAL TREATMENT PROOF OF SINCERITY MANDATORY MILITARY SERVICE JEHOVAH’S WITNESSES
TagsThose “Witnesses” Real Conscientious Objectors Citizen Previous Behaviour Consistent With Beliefs Religious Congregation Personal Conviction National Collective or Personal Defence Rampant Opposition to Military Service Duty to Defend the Homeland Doctrine Contrary to the Use of Violent Means Status of Conscientious Objector Militant Fervour and Adherence Affiliation in Whatever Religious Association Affiliation to Religious Associations or Denominations Moral Religious or Philosophical Upbringing Equal Treatment Illegitimacy of the Use of Violent Means Imperatives of His Religious Beliefs Militates in the Jehovah's Witnesses Religious Moral Or Philosophical Reasons Civic Duties Imposed by the State Easy Opportunism Ordained Preaching Minister of the Kingdom of God For the Pereiro Congregation of Jehovah's Witnesses Pacifist and Adept at Not Using Weapons Personality of the Individual Proof of Sincerity Meetings and Assemblies of the Good News of the Kingdom of Jehovah's Witnesses Civic Service of Equivalent Duration and Hardship Mandatory Military Service Civic Services to Society Sincerity of Personal Beliefs Sincere Personal Belief Situations of Unconstitutional Inequalities Jehovah’s Witnesses Pacifist Outlook on the Solution to Conflicts Among Men