Conscientious objection to military service (Resolution 2002/45)

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The Commission on Human Rights,

Bearing in mind that it is recognized in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights that everyone has the right to life, liberty and security of person, as well as the right to freedom of thought, conscience and religion and the right not to be discriminated against,

Recalling its previous resolutions on the subject, in particular resolution 1998/77 of 22 April 1998, in which the Commission recognized the right of everyone to have conscientious objections to military service as a legitimate exercise of the right to freedom of thought, conscience and religion, as laid down in article 18 of the Universal Declaration of Human Rights and article 18 of the International Covenant on Civil and Political Rights and General Comment No. 22 of the Human Rights Committee, adopted at its forty-eighth session in 1993,

Recalling also its resolution 2000/34 of 20 April 2000 in which it requested the Office of the United Nations High Commissioner for Human Rights to prepare a compilation and analysis of best practices in relation to the recognition of the right of everyone to have conscientious objections to military service and the provision of alternative forms of service,

Taking note of recommendation 2 made by the Working Group on Arbitrary Detention in its report (see E/CN.4/2001/14, chap. IV, sect. B), aimed at preventing the judicial system of States from being used to force conscientious objectors to change their convictions,

Recalling resolution 1999/4 of 24 August 1999 of the Sub-Commission on the Promotion and Protection of Human Rights,

Having considered the preliminary report of the United Nations High Commissioner for Human Rights (E/CN.4/2002/WP.2),

1. Calls upon States to review their current laws and practices in relation to conscientious objection to military service in the light of its resolution 1998/77 and to consider the information contained in the report of the High Commissioner;

2. Requests the Office of the United Nations High Commissioner for Human Rights to continue the preparation of its compilation and analysis of best practices in relation to the recognition of the right of everyone to have conscientious objections to military service, as a legitimate exercise of the right to freedom of thought, conscience and religion, and the provision of alternative forms of service, and to seek such information from Governments, national human rights institutions, the specialized agencies and relevant intergovernmental and non-governmental organizations, and to submit a report containing this compilation and analysis to the Commission at its sixtieth session under the agenda sub-item entitled “Conscientious objection to military service”.

51st meeting
23 April 2002

Theme
Institutions

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