Compendium of Standards, Good Practices and Recommendations
applies to all those whose consciences, spurred by deeply held moral, ethical or religious
beliefs, “would give them no rest or peace if they allowed themselves to become a part
of an instrument of war”.305
Alternative service (substitute service)
As noted above, the right to perform alternative service has been advocated by a number
of international bodies, including the UN Human Rights Committee, the European Court
of Human Rights and PACE. Box 8.6 shows some of the types of institutions in which
alternative service may be fulfilled in OSCE participating States.
Box 8.6: Examples of institutions where alternative service can be
performed306
Country
Institutions
Cyprus
In the wider public service.
Denmark
Public or publicly funded institutions or organizations with a particular
social or cultural aim, such as nurseries, libraries, day-care centres, peace
organizations, environmental movements or organizations connected to the
UN.
Estonia
The Defence Resources Agency determines where alternative service can be
performed, including healthcare providers, rehabilitation centres, educational
institutions for persons with special needs and learning disorders, and at
government institutions that provide fire and rescue services.
It is common for alternative service to be longer in duration than military service, to account
for the different working conditions and hours. In Europe, alternative service is often around
50 per cent longer than military service, although, in a minority of states (for example,
Germany), the duration of service is the same, and in other states alternative service lasts up
to twice as long as military service. The European Committee of Social Rights of the Council
of Europe found that alternative civilian service that was twice the duration of military
service was “excessive” in character and amounted to a “disproportionate restriction on ‘the
right of the worker to earn his living in an occupation freely entered upon’” and, as such,
contravened Article 1, paragraph 2, of the European Social Charter.307
Where a difference between the duration of military service and alternative service is
arbitrary or merely designed to deter applicants from claiming alternative service, it may be
305
Supreme Court of the United States, Welsh v. United States, 15 June 1970, United States Reports, Vol. 398, 1970, p. 333
306 Responses to the ODIHR-DCAF 2018 questionnaire, qu. 21(c).
307
European Committee of Social Rights, Quaker Council for European Affairs v. Greece, decision of 27 April
2001; “Under Article 1§2 of the [European Social] Charter, alternative service may not exceed one and a half
times the length of armed military service” European Committee of Social Rights, as referenced e.g., in
75604/11, Adyan I Inni v Armenia, decision of 12 October 2017.
137
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