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. 28. The participating States will reflect in their laws or other relevant documents the rights and duties of armed forces personnel. They will consider introducing exemptions from or alternatives to military service. Constitutional and legal recognition As mentioned in Chapter 6, a number of OSCE participating States recognize the right of conscientious objection in their constitutions. However, it is important that implementing procedures be provided in legislation, as the UN Office of the High Commissioner for Human Rights has argued: The existence of legal recognition of conscientious objection or alternative service, without implementing provisions, can lead to legal uncertainty and frustrate the exercise of these rights, making it difficult, although not necessarily impossible, to exercise in practice.125 Box 10.4 Constitutional Provisions Concerning Conscientious Objection Croatia Conscientious objection shall be allowed to all those who for religious or moral reasons are not willing to participate in the performance of military service in the armed forces. Such persons shall be obliged to perform other duties specified by law. Art. 47.2 Estonia Those who refuse service in the Defence Forces for religious or ethical reasons shall be obligated to participate in alternative service, in accordance with the procedures prescribed by law. Art. 124.2 Finland Provisions on the right to exemption, on grounds of conscience, from participation in military national defence are laid down by an act. Art. 127.2 Germany A person who refuses, on grounds of conscience, to render war service involving the use of arms can Art. 12.a.2 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, which may not interfere with the freedom to take a decision based on conscience and which must also provide for the possibility of a substitute service not connected with units of the Armed Forces or of the Federal Border Guard. Netherlands Exemption from military service because of serious conscientious objections shall be regulated by an Art. 99 act of Parliament. Norway As a general rule, every citizen of the state is equally bound to serve in the defence of the country for a specific period, irrespective of birth or fortune. The application of this principle, and the restrictions to which it shall be subject, shall be determined by law. Art. 109.2 Poland Any citizen whose religious convictions or moral principles do not allow him to perform military service may be obliged to perform substitute service in accordance with principles specified by a statute. Art. 85.3 Portugal Conscientious objectors who by law are subject to the performance of military service shall perform Art. 276.4 civic service with the same duration and degree of arduousness as armed military service. Russian Federation A citizen of the Russian Federation whose convictions and faith are at odds with military service, Art. 59.3 and also in other cases stipulated by federal law, shall have the right to the substitution of alternative civilian service for military service. Slovakia No one must be forced to perform military service if this runs counter to his conscience or religious belief. The details will be specified in a law. Art. 25.2 Slovenia 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. Art. 123.2 Spain 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. 30.2 125  “Civil and Political Rights”, op. cit., note 107, para. 22. 79 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel