Human Rights of Armed Forces Personnel
“First of all, the issue is one of discriminatory or intolerant policies, legislation
or State practice, or even indifference on the part of State institutions which
is prejudicial to minorities, be they of the ‘major religions’ or other religious
and faith-based communities. Such minorities are mainly affected by […]
non-recognition of conscientious objection, no provision for alternative
civilian service, and the punitive nature of this civilian service by reason of
its duration, which particularly affects the Jehovah’s Witnesses and other
religious and faith-based communities […].”302
Box 8.4: Recognition of grounds for conscientious objection in selected
OSCE participating States303
Religious
Austria, Cyprus, the
Czech Republic, Estonia,
Germany, Greece,
Lithuania, Montenegro,
Norway, Romania,
Sweden, the United
Kingdom
Ethical/
philosophical
Austria, Cyprus, the
Czech Republic, Estonia,
Germany, Greece,
Norway, Sweden, the
United Kingdom
Emotional
Other
Austria, Denmark,
Lithuania, Norway,
Sweden
Denmark, Switzerland
As can be seen, a number of OSCE participating States have recognized both religious and
non-religious grounds for conscientious objection. In the United States, conscientious
objection has been extended by judicial interpretation from the originally limited
recognition of religious objections to include other ethical and philosophical objections
(see Box 8.5).
Box 8.5: The United States Supreme Court and conscientious objection
In United States v. Seeger, the Supreme Court extended the application of the law on
conscientious objection from religious beliefs to those with secular beliefs that are
“sincere and meaningful [and occupy] a place in the life of the possessor parallel to that
filled by an orthodox belief in God”.304
In Welsh v. United States, the Supreme Court found that conscientious objector status
302
UN ECOSOC, Commission on Human Rights, “Civil and Political Rights, Including Religious Intolerance,
Report submitted by Mr. Abdelfattah Amor, Special Rapporteur, in accordance with Commission on Human
Rights resolution 2000/33”, 13 February 2001, E/CN.4/2001/63, para. 182.
303
Responses to the ODIHR-DCAF 2018 questionnaire, qu. 20(d). Azerbaijan did not respond to the question,
despite recognizing conscientious objection.
304 Supreme Court of the United States, Seeger v. United States, 8 March 1965, United States Reports, Vol. 380,
1965, pp. 163 and 166
136
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