Country report and updates: Slovakia
Issues
- Slovakia does not recognise the right to conscientious objection for professional soldiers.
- In case of the reintroduction of conscription, there will be a right to conscientious objection. Details of the provisions are however not known.
Military recruitment
Conscription
Slovakia abolished conscription in 2005. However, Article 25 paragraph 1 of the constitution still reads “The defence of the Slovak Republic is a matter of honor for each citizen”1.
Presently, Slovakia maintains fully voluntary Armed Forces. However, Law No. 570/2005 Coll. on “National Service and on Change and Amendment of Some Acts”2
regulates conscription in times of crisis or war. The detailed regulations are not known.
Professional soldiers
The service of professional soldiers is regulated in Law 346/2005 on “State Service of Professional Soldiers of Armed Forces of the Slovak Republic and on Change and Amendment of Some Acts”3. According to Article 13 of this law, Slovak citizens can apply to join the Slovak Armed Forces once they are 18 years old. A contract will first include a preparatory service, which is followed by a time based contract according to Article 20 (Temporary State Service). The service time is usually from three to six years, but can be extended (Article 21).
Conscientious objection
Conscientious objection for conscripts
The constitution recognises the right to conscientious objection in Article 25 paragraph 2: “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”4.
Should conscription be introduced in times of crisis or war (according to Law 570/2005), then Law No. 569/2005 Coll. on “Alternative Service at the Time of War and State of War”5
regulates the right to conscientious objection, and the duty to perform a substitute service.
The law regulates the substitute service which a registered citizen or soldier in reserve is obliged to perform in the time of war and state of war instead of extraordinary military services, the procedure for refusal to perform the extraordinary military service, the records of registered citizens and soldiers in reserve obliged to perform substitute service, conscription of registered citizens and soldiers in reserve obliged to perform substitute service, and performance of substitute service6.
Conscientious objection for professional soldiers
The Slovak Republic does not recognise the right to conscientious objection for soldiers who
joined the Armed Forces voluntarily.
According to Article 69 of Law 346/2005, during preparatory state service “the service
relationship shall also end on the base of an application by the professional soldiers”.
According to Article 70 paragraph 2, a professional soldier can also apply “for termination of service relationship” before the end of the term. According to Article 72, a decision on dismissal has to be taken “without delay”, but more specifically within two month of the day the reason for dismissal has been established, or within one year the reason occurred.
It is clear that this does not constitute a right to leave the Armed Forces prematurely. Also,
reasons of conscience are not mentioned anywhere as a reason for premature dismissal.
Draft evasion and desertion
No information on practice is available.
Notes
2Law
No. 570/2005 Coll. on National Service and on Change and Amendment
of Some Acts, http://www.mosr.sk/legislativa/zakony/zakon05_570.pdf,
accessed 10 April 2008
3Law
No. 346/2005 Coll. on State Service of Professional Soldiers of
Armed Forces of the Slovak Republic and on Change and Amendment of
Some Acts, http://www.mosr.sk/legislativa/zakony/zakon_eng.pdf,
accessed 10 April 2008
5Law
No. 569/2005 Coll. on Alternative Service at the Time of War and
State of War, http://www.mosr.sk/legislativa/zakony/zakon05_569.pdf,
accessed 10 April 2008
6Ministry
of Defence: Acts under the competence of the Ministry of Defence of
the Slovak Republic,
http://www.mosr.sk/index.php?page=341&PHPSESSID=e87bf96d31e6c692c87a020adfb32c3f,
accessed 10 April 2008
Recent stories on conscientious objection: Slovakia
In this presentation I will give an overview of the right to conscientious objection, its
legal practices and frameworks in the 27 European Union member states. Before I do so, I want to step back a bit and have a brief look at the existing international standards about the right to
conscientious objection, as these standards allow us to put the practices in the EU member states into a perspective.
CCPR/C/79/Add.79
4 August 1997
(...)
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