It is common for alternative service to be longer in duration than military service to take
account of the different work conditions and hours. A European norm of around 1 1/2
times the length of military service is common, although, in a minority of states (for example, Germany), the period is the same, and some have alternative service lasting up to
twice as long as military service. The European Committee of Social Rights of the Council
of Europe found that alternative civilian service 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 was contrary to
article 1, paragraph 2, of the European Social Charter”.128
Where a difference between the duration of military service and alternative service is arbitrary or is merely designed to deter applicants from claiming alternative service, there is
a possibility that it may be found to be discriminatory under constitutional129 or human
rights law. General Comment 22 of the UN Human Rights Committee states: “there shall
be no discrimination against conscientious objectors because they have failed to perform
military service”.130 The Committee has recommended that states parties recognize the
right of conscientious objection without discrimination:131 “conscientious objectors can
opt for civilian service the duration of which is not discriminatory in relation to military
service, in accordance with articles 18 and 26 of the Covenant”.132 The UN Human Rights
Committee has also referred to the need for any difference to be based “on reasonable and
objective criteria, such as the nature of the specific service concerned or the need for a
special training in order to accomplish that service”.133
There may be other impediments to exercising the right to alternative service. In some
countries, for example, alternative service is supervised by the military itself. Thus, people
who opt for alternative service out of pacifist beliefs may have difficulty in fully distancing
themselves from the military. Moreover, apart from differentials in the length of service
discussed above, people who opt for alternative service may be denied equivalent economic
or social rights in comparison with those who undergo military service. Again, this is an
impediment to exercising the right to alternative service.
128 Quaker Council for European Affairs v. Greece, European Committee of Social Rights, 27 April 2001, International Human Rights Reports, Vol. 8, 2001, p. 1158.
129 See the decision of the Italian Constitutional Court (Decision No. 470 of 31 July 1985) declaring that the
requirement to perform 20 months of alternative service in comparison with only 12 months of military service
was a violation of the constitutional principle of equality. See José de Sousa e Brito, “Conscientious Objection”, in
T. Lindholm, W. Cole Durham, and B. Tahzib-Lie, Facilitating Freedom of Religion or Belief: A Deskbook (Leiden:
Martinus Nijhoff Publishers/Brill Academic, 2004).
130 Office of the High Commissioner for Human Rights, “General Comment No. 22: The right to freedom of
thought, conscience and religion”, 30 July 1993, Art. 18, CCPR/C/21/Rev.1/Add.4.
131 “Civil and Political Rights, Including the Question of Conscientious Objection to Military Service: Report
of the Office of the High Commissioner for Human Rights”, E/CN.4/2004/55, UN Commission on Human Rights,
Sixtieth session, 16 February 2004, para. 14.
132 Ibid., para. 11.
133 Foin v. France, Human Rights Committee, 9 November 1999, Communication No. 666/1995, International
Human Rights Reports, Vol. 7, 2000, p. 354. Also see Maille v. France, Human Rights Committee, 31 July 2000,
Communication No. 689/1996, International Human Rights Reports, Vol. 7, 2000, p. 947; Vernier v. France, Human Rights Committee, 10 July 2000, Communication No. 690, and Nicolas v. France, Human Rights Committee,
10 July 2000, Communication No. 691/1996, both in International Human Rights Reports, Vol. 8, 2001, p. 26.
Contrast the earlier decision in Järvinen v. Finland, Human Rights Committee, 23 March 1989, Communication
No. 295/1988, Human Rights Committee Annual Report 1990, Annex IX.L., p. 367.
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Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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