Compendium of Standards, Good Practices and Recommendations to freedom of thought, conscience and religion as secured under the Universal Declaration of Human Rights and the European Convention on Human Rights”.294 In 2010, the Committee of Ministers recommended that, in the case of compulsory military service, “conscripts should have the right to be granted conscientious objector status” and should be offered alternative civilian service, while professional members of the armed forces should be able to leave the armed forces for reasons of conscience.295 European Union In a 1983 resolution, the European Parliament noted that the “protection of freedom of conscience implies the right to refuse to carry out armed military service and to withdraw from such service on grounds of conscience”. It also highlighted that “no court or commission can penetrate the conscience of an individual and that a declaration setting out the individual’s motives must therefore suffice in the vast majority of cases to secure the status of conscientious objector”.296 Different Approaches This section deals with the various approaches of OSCE participating States and the relevant international commitments concerning the following matters: the basis for recognition of conscientious objection, the reasons for conscientious objection, the availability of alternative service, the position of professional members of the regular armed forces, the question of selective conscientious objection and procedural aspects of determining conscientious objection claims. Constitutional and legal recognition Most OSCE participating States that responded to the ODIHR-DCAF questionnaire recognize the right of conscientious objection.297 National recognition of conscientious objection can be based on constitutional provisions, legislation or administrative procedures, or a combination of these. As summarized in Box 8.2, several OSCE participating States recognize the right to conscientious objection in their constitutions. 294 PACE, “Recommendation 1742(2006) on Human Rights of Members of the Armed Forces”, 11 April 2006, para. 8. 295 Council of Europe, Recommendation CM/Rec(2010)4, op. cit., note 26, paras. 41 and 42. 296 European Parliament, “Resolution on conscientious objection”, Official Journal of the European Communities, C 068, 14 March 1983, paras. 2 and 3, p. 14; see also “Resolution on Conscientious Objection and Alternative Civilian Service”, Official Journal of the European Communities, C 291, 20 November 1989, p. 122. 297 According to the ODIHR-DCAF 2018 questionnaire, the following participating States do not recognize conscientious objection: Albania, Bosnia and Herzegovina, Ireland, Latvia, Malta, Poland and Slovakia. Finland did not respond. 133

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