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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