Civil and political rights
Civil rights include the ensuring of peoples' physical and mental integrity, life, and safety; protection from discrimination on grounds such as race, gender, sexual orientation, national origin, color, age, political affiliation, ethnicity, religion, and disability; and individual rights such as privacy and the freedoms of thought, speech, religion, press, assembly, and movement.
Conscience
English humanist lawyers in the 16th and 17th centuries interpreted conscience as a collection of universal principles given to man by god at creation to be applied by reason; this gradually reforming the medieval Roman law-based system with forms of action, written pleadings, use of juries and patterns of litigation such as Demurrer and Assumpsit that displayed an increased concern for elements of right and wrong on the actual facts. A conscience vote in a parliament allows legislators to vote without restrictions from any political party to which they may belong. In his trial in Jerusalem Nazi war criminal Adolf Eichmann claimed he was simply following legal orders under paragraph 48 of the German Military Code which provided: "punishability of an action or omission is not excused on the ground that the person considered his behaviour required by his conscience or the prescripts of his religion". The United Nations Universal Declaration on Human Rights (UDHR) which is part of international customary law specifically refers to "conscience" in Articles 1 and 18. Likewise, the United Nations International Covenant on Civil and Political Rights (ICCPR) mentions "conscience" in Article 18.1. It has been argued that these articles provide international legal obligations protecting conscientious objectors from service in the military.
John Rawls in his "A Theory of Justice" defines a conscientious objector as an individual prepared to undertake, in public (and often despite widespread condemnation), an action of civil disobedience to a legal rule justifying it (also in public) by reference to contrary foundational social virtues (such as justice as liberty or fairness) and the principles of morality and law derived from them. Rawls considered civil disobedience should be viewed as an appeal, warning or admonishment (showing general respect and fidelity to the rule of law by the non-violence and transparency of methods adopted) that a law breaches a community's fundamental virtue of justice. Objections to Rawls' theory include first, its inability to accommodate conscientious objections to the society's basic appreciation of justice or to emerging moral or ethical principles (such as respect for the rights of the natural environment) which are not yet part of it and second, the difficulty of predictably and consistently determining that a majority decision is just or unjust. "Conscientious objection" (also called conscientious refusal or evasion) to obeying a law, should not arise from unreasoning, naive "traditional conscience", for to do so merely encourages infantile abdication of responsibility to calibrate the law against moral or human rights norms and disrespect for democratic institutions. Instead it should be based on "critical conscience' – seriously thought out, conceptually mature, personal moral or religious beliefs held to be fundamentally incompatible (that is, not merely inconsistent on the basis of selfish desires, whim or impulse), for example, either with all laws requiring conscription for military service, or legal compulsion to fight for or financially support the State in a particular war. A famous example arose when Henry David Thoreau the author of Walden was willingly jailed for refusing to pay a tax because he profoundly disagreed with a government policy and was frustrated by the corruption and injustice of the democratic machinery of the state. A more recent case concerned Kimberly Rivera, a private in the US Army and mother of four children who, having served 3 months in Iraq War decided the conflict was immoral and sought refugee status in Canada in 2012 (see List of Iraq War resisters), but was deported and arrested in the US.