Box 6.3 Examples of Constitutional Provisions Concerning Conscientious Objection Estonia Germany Portugal Slovenia Spain Those who refuse service in the Defence Forces for religious or ethical reasons shall be obliged to participate in alternative service, in accordance with the procedures prescribed by law. A person who refuses, on grounds of conscience, to render war service involving the use of arms can be required to render a substitute service. The duration of such substitute service may not exceed the duration of military service. Details are regulated by a statute that may not interfere with the freedom to take a decision based on conscience and that must also provide for the possibility of a substitute service not connected with units of the Armed Forces or of the Federal Border Guard. Conscientious objectors who by law are subject to the performance of military service shall perform civic service with the same duration and degree of arduousness as armed military service. Citizens who for their religious, philosophical, or humanitarian convictions are not willing to perform military duties must be given the opportunity to participate in national defence in some other manner. The law shall determine the military obligations of Spaniards and shall regulate, with all due guarantees, conscientious objection, as well as other grounds for exemption from compulsory military service; it may also, when appropriate, impose community service in place of military service. Art. 124.2 Art. 12a.2 Art. 276.4 Art. 123.2 Art. 30.2 Box 6.4 Constitutions and Human Rights of Armed Forces: Selected Examples Polish Constitution Art. 26.2 (2) The Armed Forces shall observe neutrality regarding political matters and shall be subject to civilian and democratic control. More general is Art. 52 of the Italian Constitution 1. The defence of the fatherland is the sacred duty of every citizen. 2. Military service is compulsory within the limits and under the terms of the law. The fulfilment of military duties may not prejudice a citizen’s position as an employee or the exercise of his political rights. 3. The rules about armed forces must conform to the democratic spirit of the republic. 4. Constitutional Provisions and Military Courts Three patterns exist. In some countries with military court systems, the constitution is simply silent and makes no reference to them, e.g., Slovakia, Hungary, Lithuania, and Romania. In other instances, the constitutional provisions merely recognize existing military law (in effect giving it priority over other constitutional provisions): Luxembourg (Art. 94 of the 1868 Constitution) and Latvia (Art. 86 of the Constitution) are in this category. Third, there are constitutions that seek to govern to a greater or lesser extent the application of military law and the jurisdiction of military courts (for example, Art. 38.4 of the Irish Constitution of 1937). In this third category, the variations essentially concern the detail with which the provisions delimit offences and personnel within the permissible reach of these tribunals. The whole question of military justice and human rights for members of the armed forces is discussed further in Chapter 21. 46 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel