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Civil Disobedience and Conscientious Objection  

William Smith and Kimberley Brownlee

Civil disobedience and conscientious objection are distinct but related social practices that display people’s opposition to specific laws, policies, directives, or schemes. In general, these two practices arise from people’s deeply held commitments. Civil disobedience is more overtly communicative and political than conscientious objection. Civil disobedience is also, almost by definition, a breach of law, which people engage in to push for changes in either governmental or nongovernmental practices. Conscientious objection, by contrast, does not always break the law: sometimes it is a legally protected form of nonconformity. It is also less overtly political than civil disobedience, stemming as it does from people’s desire not to participate in practices they oppose, rather than from their ambition to change those practices. Both practices can be morally justified under specific conditions that, among other things, include doing only limited harm to other people. Moreover, under even more specific conditions, both practices could be said to be protected by moral rights. Civil disobedience and conscientious objection generate pressing normative and political challenges concerning the nature of the rule of law, respect for the rule of law, conditions for deliberative democracy, equality before the law, policing, adjudication, and punishment.

Article

Teachers as Conscientious Objectors  

Doris A. Santoro

Teachers often characterize their interest in and commitment to the profession as moral: a desire to support students, serve their communities, or uphold civic ideals embedded in the promise of public education. These initial and sustaining moral impulses are well documented in research on teaching and teacher education. However, moral commitments can also be a source of teachers’ dissatisfaction and resistance, especially in the age of the market-based Global Education Reform Movement. This article explores the phenomenon of conscientious objection in teaching as an enactment of professional ethics. Conscientious objection describes teachers’ actions when they take a stand against job expectations that contradict or compromise their professional ethics. Teachers who refuse to enact policies and practices may be represented by popular media, school leaders, policymakers, and educational researchers as merely recalcitrant or insubordinate. This perspective misses the moral dimensions of resistance. Teachers may refuse to engage in practices or follow mandates from the standpoint of professional conscience. This article also highlights varieties of conscientious objection that are drawn from global examples of teacher resistance. Finally, the article explores the role of teachers unions as potential catalysts for collective forms of conscientious objection.

Article

Bioethics and Reproduction With Insights From Uruguay  

Lillian Abracinskas and Santiago Puyol

As time goes by, the world experiences advances and setbacks in the field of sexual and reproductive health and rights. But new challenges appear in terms of professional performance and implementation of services created by newer laws and policies. The development of new ethical frames in dialogue with disputed value systems is one of the main obstacles to ensuring universal access and comprehensive services to guarantee the exercise of these rights. Since 2002, Uruguay has been one of the few countries in Latin America and the Caribbean that has achieved significant advances regarding sexual and reproductive rights by recognizing them as human rights. The passage of several laws has resulted in the implementation of programs in SRHS and legal abortion as being considered mandatory for the National Health System. The follow-up and monitoring of this process by the Observatory of Mujer y Salud en Uruguay (MYSU) has demonstrated how changes in the legal framework led to a new stage for health-care providers, politicians, and decision makers and also for the social movement that has historically advocated for this agenda, all now facing new problems and challenges—some of which are completely unexpected. The high prevalence of conscientious objection exercised by physicians and OB/GYNs in refusing the provision of care in SRHS is one of the ethical dilemmas that needs to be discussed to innovate solutions to the problems and promote best practices from a gender equity and human rights paradigm.