International Law

(...)

3. The right of conscientious objection

77. With regard to the third category of violations, the Special Rapporteur wishes to stress that the right of conscientious objection is a right which is closely linked with freedom of religion.

The European Court of Human Rights, sitting, in accordance with
Article 43 (art. 43) of the Convention for the Protection of
Human Rights and Fundamental Freedoms ("the Convention") and the
relevant provisions of Rules of Court A (2), as a Chamber composed of
the following judges:

Mr R. Ryssdal, President,
Mr Thór Vilhjálmsson,
Mr N. Valticos,
Sir John Freeland,
Mr M.A. Lopes Rocha,
Mr L. Wildhaber,
Mr G. Mifsud Bonnici,
Mr D. Gotchev,
Mr P. Jambrek,

1.The Assembly recalls its Resolution 984 (1992) on the crisis in the former Yugoslavia, its Resolution 1019 (1994) on the humanitarian situation and needs of the refugees, displaced persons and other vulnerable groups in the countries of the former Yugoslavia and its Recommendation 1218 (1993) on establishing an international court to try serious violations of international humanitarian law.

2.It refers to the European Parliament resolution on deserters from the armed forces of states in the former Yugoslavia adopted on 28 October 1993.

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 its resolution 1989/59 adopted without a vote on 8 March 1989,

Having considered the report of the Secretary-General (E/CN.4/1991/64),

1. Requests the Secretary-General to report on the question of conscientious objection to military service, taking into account the comments provided by Governments and further information received by him, to the Commission on Human Rights at its forty-ninth session;

(18) The participating States

(18.1) note that the United Nations Commission on Human Rights has recognized the right of everyone to have conscientious objections to military service;

(18.2) note recent measures taken by a number of participating States to permit exemption from compulsory military service on the basis of conscientious objections;

(18.3) note the activities of several non-governmental organisations on the question of conscientious objections to compulsory military service;

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,

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,

(...)

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. (...)