Marcell Máttyus: Oath and freedom of conscience. Nr. 2025/5.
This article explores the relationship between the institution of the oath and the right to freedom of conscience, with a focus on Hungarian law and international human rights norms. It analyzes the legal dimensions of freedom of conscience, particularly its elusive and often undefined nature in legal frameworks. The oath, historically rooted in religious tradition, is examined through its evolving role in secular legal systems, raising concerns about potential conflicts with individual conscience, especially for non-religious individuals. The study reviews Hungarian constitutional and legislative approaches, which attempt to reconcile the religious origins of the oath with the modern secular state's obligation to respect religious neutrality and personal beliefs. International case law, including decisions from the European Court of Human Rights, is assessed to highlight the necessity of offering non-religious alternatives to traditional oaths. Ultimately, the essay concludes that while the state may require oaths to ensure loyalty and legal accountability, it must ensure that such obligations do not infringe upon freedom of conscience by allowing equivalent, non-religious alternatives.
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