Conscientious objection

The Commission on Human Rights,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the various international human rights instruments, the Charter of the United Nations and humanitarian law,

Mindful of articles 3 and 18 of the Universal Declaration of Human Rights, which proclaim the right to life, liberty and security of person and the right to freedom of thought, conscience and religion,

The Commission on Human Rights,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the various international human rights instruments,

Mindful of articles 3 and 18 of the Universal Declaration of Human Rights, which proclaim the right to life, liberty and security of person and the right to freedom of thought, conscience and religion,

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By Rebecca Gumbrell McCormick

The European Commission of Human Rights sitting in private on 18 July 1986, the following members being present:

MM. J.A. FROWEIN, Acting President
C.A. NØRGAARD
F. ERMACORA
G. TENEKIDES
S. TRECHSEL
B. KIERNAN
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
H. VANDENBERGHE
Sir Basil HALL

(...)

The applicant is a Norwegian citizen born in 1956 and resident at Ise in Norway. (...)

Being a pacifist, the applicant is opposed to military service, and he also objects to civilian service, since the purpose of such service is, in his opinion, to uphold respect for military service.

(...)

U.N. Doc. CCPR/C/OP/2 at 61 (1990).

Submitted by: L. T. K. (name deleted) undated, received on 18 October 1984
Alleged victim: The author
State party: Finland
Declared inadmissible: 9 July 1985 (twenty-fifth session)

Subject matter: Conscientious objector to military service

Procedural issues: Inadmissibility ratione materiae--Unsubstantiated allegations--Failure to state a claim--Compatibility with Covenant

Substantive issues: Freedom of conscience--Freedom of expression--Conscientious objector

Articles of the Covenant: 8 (3), 18 and 19

Views of the Human Rights Committee under article 5, paragraph 4,
of the Optional Protocol to the International Covenant
on Civil and Political Right

- Twenty-fourth session -

Communication No. 89/1981
Submitted by: Paavo Muhonen
Alleged victim: The author
State party concerned: Finland

Date of communication: 28 March 1981 (date of initial letter)

The Human Rights Committee established under article 28 of the International Covenant on Civil and Political Rights,

Meeting on 8 April 1985,

A pacifist, the applicant was convicted for refusing to perform compulsory military service. He did not ask for a possibility to perform substitute civilian service. Before the Commission, he alleged to be a victim of discrimination, since members of various religious groups were exempted from service while philosophical reasons such as being a pacifist did not constitute valid grounds for discharging him from his obligation to serve in the army.

(...)

The applicant complains that the absence of any procedure whereby he may effectively invoke the right to manifest his pacifist beliefs by directing a proportion of the tax due from him for peaceful purposes represents a breach of Articles 9 and 13 of the Convention. (...)

X. (Ross) v. United Kingdom

Application No. 10295/82

Facts:

The applicant, a pacifist, did not wish any portion of her income tax to be used for military purposes. She alleged that the fact that this was not allowed in the United Kingdom violated Art. 9.

The Law:

The European Parliament,

- having regard to Article 9 of the European Convention on Human Rights, which guarantees the right to freedom of thought conscience and religion,

- having regard to Resolution 337 (1967) and Recommendation 816 (1977) of the Consultative Assembly of the Council of Europe on the right of conscientious objection,

- having regard to the laws of the Member States of the European Community concerning the right of conscientious objection,

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This statement was prepared by a group of women involved in the War Resister’s International and was signed by women attending the International conference on Women and Militarism, July 26 to August 1, 1980, Laurieston Hall, Laurieston, Castle Douglas, Dumfriesshire, Scotland.

We, women committed to anti-militarism and feminism, believe that total resistance to military service is the necessary role for all women challenged by the military structure in society.