Human Rights of Armed Forces Personnel
“the basis on which conscientious exemption from military service can be
granted and the process for obtaining such exemption; the provision, length
and conditions of alternative service and the rights of those who object to
alternative service; whether alternative service provides the same rights and
social benefits as military service; the length and conditions of alternative
service; and whether there can be repeated punishment for failure to
perform military service […] [the] lack of an independent decision-making
process, disproportionate lengthy alternative service and States parties that
recognize the right to conscientious objection in a discriminatory manner,
e.g., by granting exemption only to religious groups and not others.” 273
International Human Rights Standards
Over the last 50 years, conscientious objection has become recognized as a human right,
largely through the interpretation of existing treaty obligations protecting freedom of
thought, belief and religion. Whereas the ECHR and the ICCPR do not explicitly recognize
this right, the more recent Charter of Fundamental Rights of the European Union does.
Article 10(2) of the Charter states:
“The right to conscientious objection is recognized, in accordance with the
national laws governing the exercise of this right.”
In Copenhagen in 1990, OSCE participating States took note of the resolution of the
UN Commission on Human Rights that everyone should have a right to conscientious
objection.274 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.275 These commitments are reiterated in paragraphs
27 and 28 of the OSCE Code of Conduct on Politico-Military Aspects of Security (see “Chapter
2: OSCE Commitments”):
“27. Each participating State will ensure that the recruitment or call-up
of personnel for service in its military, paramilitary and security forces is
consistent with its obligations and commitments in respect of human rights
and fundamental freedoms.
128
273
UN OHCHR, Conscientious Objection to Military Service (New York and Geneva: UN OHCHR, 2012), p.14.
274
OSCE, Copenhagen 1990, op. cit., note 141, para. 18.1.
275
Ibid., para. 18.4. This was reiterated in the OSCE Code of Conduct, op. cit., note 13.
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