Freedom of Conscience in Civil Society: Legal and Moral Dimensions

Abstract

Freedom of conscience, by virtue of its nature, exists simultaneously in a legal and moral dimensions. The analysis of the doctrine, legislation and law enforcement practice suggests the existence of legal (formal) and moral (substantive) problems associated with it. The formal problem of freedom of conscience is associated with identification of this freedom with a much narrower freedom of religion. The analysis of approaches existing in Russian legal science regarding the concept of freedom of conscience allows us to group them in two main approaches, namely, the restrictive approach and the expanding approach. In legislation and the law enforcement practice, the restrictive approach to freedom of conscience prevails. It entails a violation of the rights and freedoms of citizens in this area. The separation of legal definitions of freedom of conscience and freedom of religion can help to solve the problem at the legislative level. In relation to the category of freedom of conscience, there is also a substantial problem based on the fact that the low level of legal culture of Russian citizens, complicating the formation of civil society, affects the perception of freedom of conscience and the permissibility of its necessary restrictions. In other words, citizens, exercising this freedom, often interpret it broadly. The solution of this problem requires an increase in the level of legal and general culture of citizens, the formation of moral principles necessary for every member of civil society, including the activities of religious associations and educational organizations.