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Incrimination of Freedom of Conscience or How “Life Beats the Movieâ€

Author

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  • Dragos Penca

    (Legal Adviser, Bucharest, Romania, Ovidius University, Constanta, Romania)

Abstract

During the communist dictatorship in Romania, many citizens fulfilling their compulsory military service were criminally convicted of insubordination on the grounds that they refused to join the army or because they refused to take the military oath. Among these young people, many were condemned for refusing to work on Saturday, considering the Sabbath as a day of rest. Following the December 1989 revolution, Romania compensated people sentenced to prison or other forms of persecution for political reasons through material means. In 2009, amid tensions between the Romanian state and the Religious Organization Jehovah's Witnesses, the High Court of Cassation and Justice, the Supreme Court in Romania, described the crime of insubordination in the army as a common law crime and not a political one, thus condemning all forms of manifestation of freedom of thought or freedom of religion as a crime of common law.

Suggested Citation

  • Dragos Penca, 2021. "Incrimination of Freedom of Conscience or How “Life Beats the Movieâ€," RAIS Conference Proceedings 2021 0138, Research Association for Interdisciplinary Studies.
    • Handle: RePEc:smo:lpaper:0138
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    Keywords

    Hacksaw Ridge; Jehovah’s Witness; conscientious objector; Romanian law; freedom of conscience;
    All these keywords.

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