Council of Europe institutions have adopted numerous measures recognizing the right of conscientious objection.116 The Parliamentary Assembly passed a series of resolutions on the issue from 1967 through 2006,117 and an important recommendation was also made by the Committee of Ministers of the Council of Europe in 1987. In its recommendation, it endorsed the right of conscientious objectors to be released from military service and supported the provision of alternative service. It invited member states to bring their legislation and practice into line with the right to conscientious objection.118 The recommendation suggests certain minimum basic principles for states in the implementation of this right.119 The Committee of Ministers also urged that a “sustained effort” be made to implement the recommendation.120 121 Box 10.3 Council of Europe Committee of Ministers, 1987 • Relevant due process protections need to be provided to applicants, including the right to be informed in advance of their rights. • Applications can be made during military service and during military training after the initial service. • Alternative service shall not be of a punitive nature. • Alternative service shall (within reasonable limits) be of comparable length to military service.121 Within the EU, the European Parliament noted in a resolution in 1983 “that 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” (para. 2) and pointed out 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” (para. 3).122 The OSCE has taken the lead from the United Nations, highlighting that participating States should note the resolution of the UN Commission on Human Rights that everyone should have a right to conscientious objection.123 The Copenhagen Conference also resolved that participating States with obligatory military service should consider introducing various forms of alternative service for those with conscientious objections.124 The OSCE Code of Conduct (see Chapter 4, “OSCE Commitments”) reflects these commitments in paras. 27 and 28: 116  The information in this paragraph is from the Office of the United Nations High Commissioner for Human Rights, “Civil and Political Rights, Including the Question of Conscientious Objection to Military Service”, UN Doc. E/CN.4/2004/55, 26 February 2004. 117  In 1967, the Parliamentary Assembly of the Council of Europe adopted its first resolutions (Nos. 337 and 478) supporting the right of conscientious objection. This was followed in 1977 with Recommendation No. 816 affirming the right of conscientious objection. Also see Parliamentary Assembly of the Council of Europe, Recommendation 1518, “Exercise of the right of conscientious objection to military service in Council of Europe member states”, 23 May 2001. 118  Committee of Ministers of the Council of Europe, “Recommendation No. R (87) 8 of the Committee of Ministers to member states regarding Conscientious Objection to Compulsory Military Service”, 9 April 1987. 119  Ibid., para. 10. 120  Decision on the reply from the Committee of Ministers adopted at the 785th meeting of the Ministers’ Deputies (26-27 February 2002), Doc. 9379, 1 March 2002. 121  “Recommendation No. R (87) 8”, op. cit., note 118, Art. B8. 122  European Parliament, “Resolution on conscientious objection”, Official Journal of the European Communities, C 068, 14 March 1983, p. 14; also see European Parliament, “Resolution on conscientious objection and alternative civilian service”, Official Journal of the European Communities, C 291, 20 November 1989, p. 122. 123  Copenhagen 1990, para. 18.1. 124  Ibid., para. 18.4. This was reiterated at the Budapest Conference of 1994 (Decisions: IV. Code of Conduct on Politico-Military Aspects of Security). 78 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel

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