As can be seen, many European states have recognized both religious and non-religious
grounds for conscientious objection. In the United States, conscientious objection has been
extended by judicial interpretation from the originally limited recognition of religious objections, to include other ethical and philosophical objections (see Box 10.6 below).
Box 10.6
The US Supreme Court and Conscientious Objection
• United States v. Seeger, Supreme Court of the United States, 8 March 1965, United States Reports, Vol. 380,
1965, pp. 163, 166 (extending application of law on conscientious objection from religious beliefs to those
who have secular beliefs that are “sincere and meaningful [and occupy] a place in the life of the possessor
parallel to that filled by an orthodox belief in God”);
• Welsh v. United States, Supreme Court of the United States, 15 June 1970, United States Reports, Vol. 398, 1970,
p. 333 (plurality opinion) (conscientious-objector status applies to all those whose consciences, spurred by
deeply held moral, ethical, or religious beliefs, “would give them no rest or peace if they allowed themselves to
become a part of an instrument of war”).
Alternative service (substitute service)
As can be seen above, the right to perform alternative service has been advocated by a
number of international bodies, including the UN Human Rights Commission and the
Council of Europe Parliamentary Assembly. Box 10.7 shows some of the variety among
OSCE participating States concerning the institutions in which alternative service may be
fulfilled.127
Box 10.7
Examples of Organizations or Institutions in Which Alternative Service Can Be
Fulfilled127
Country
Austria
Croatia
Estonia
Finland
Germany
Latvia
Russian
Federation
Switzerland
Ukraine
Institution
In hospitals, in rescue services, within social and handicapped services, within geriatric care, within care
services for drug abusers within prisons, in the service for refugees and asylum seekers, within disaster relief
and civil defence, service at memorial sites especially for victims of National Socialism, in providing for public
security and traffic safety, service in the area of environmental protection and in the area of youth movements.
Schools, universities, hospitals, child care, etc., in any kind of nonprofit institution.
Structural units determined by the government that are in areas covered by the Interior Ministry or the
Ministry of Social Affairs and that include rescue, social care, or emergency work (Defence Forces Services
Act).
Unarmed military service in military units and alternative civilian non-military service first at the National
Centre for Civilian Service and then in civilian jobs.
Social or charitable institutions (e.g., hospitals, homes for senior citizens, the German Red Cross and similar
institutions or agencies).
State or municipal institutions, state or municipal companies or public organizations that engage in
firefighting, search-and-rescue operations, social care, medical assistance, public-utility and public-transport
services, improving state or municipal property or grounds, and customs control (specific institutions are
approved by the cabinet upon a proposal of the minister of defence).
Art. 4 of the Federal Law on Alternative Civilian Service: (a) in organizations within the jurisdiction of federal
executive bodies; (b) in organizations within the jurisdiction of executive bodies of subjects of the Russian
Federation; (c) in organizations within the Armed Forces of the Russian Federation, other forces, military
units, and military structures as civilian personnel.
Health, social welfare, preservation of cultural property, environmental protection, forestry, agriculture,
development co-operation and humanitarian assistance, disaster and emergency relief.
Enterprises, institutions, or organizations that belong to the state and whose activities are directed at social
protection of the population, health protection, and environmental protection.
127 ODIHR-DCAF questionnaire, question 43.
81
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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