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.
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