CCPR
Bae et al v. Korea, communication No. 2846/2016, Views of 13 March 2020
“The right to conscientious objection to military service inheres in the right to freedom of thought, conscience and religion. It entitles any individual to an exemption from compulsory military service if such service cannot be reconciled with that individual’s religion or beliefs. The right must not be impaired by coercion. A State may, if it wishes, compel the objector to undertake a civilian alternative to military service, outside the military sphere and not under military command. The alternative service must not be of a punitive nature. It must be a real service to the community and compatible with respect for human rights.”
European Court of Human Rights
Teliatnikov v. Lithuania, no. 51914/19, 7 June 2022
“A system which imposes on citizens an obligation which has potentially serious implications for conscientious objectors, such as the obligation to serve in the army, without making allowances for the exigencies of an individual’s conscience and beliefs, would fail to strike a fair balance between the interests of society as a whole and those of the individual … the right to conscientious objection guaranteed by [the right to freedom of religion] would be illusory if a State were allowed to organise and implement its system of alternative service in a way that would fail to offer – whether in law or in practice – an alternative to military service of a genuinely civilian nature and one which was not deterrent or punitive in character”
For information on other legal victories, please see below:
- Teliatnikov v. Lithuania, no. 51914/19, 7 June 2022 (ECHR).
- Bae et al v. Republic of Korea, communication No. 2846/2016, Views of 13 March 2020 (CCPR).
- Papavasilakis v. Greece, no. 66899/14, 15 September 2016 (ECHR).
- Adyan and Others v. Armenia, no. 75604/11, 12 October 2017 (ECHR).
- Hudaybergenov (Ahmet) v. Turkmenistan, communication No. 2222/2012, Views of 29 October 2015 (CCPR).
- Japparow v. Turkmenistan, communication No. 2223/2012, Views of 29 October 2015 (CCPR).
- Aminov v. Turkmenistan, communication No. 2220/2012, Views of 14 July 2016 (CCPR).
- Matyakubov v. Turkmenistan, communication No. 2224/2012, Views of 14 July 2016 (CCPR).
- Dimitrov, Savov and Vishanov v. Bulgaria (dec.), nos. 37358/97, 37988/97 and 39565/98, 10 April 2001 (ECHR).
- Faizov v. Russia (dec.), no. 19820/04, 15 January 2009 (ECHR).
- Stefanov v. Bulgaria (striking out), no. 32438/96, 3 May 2001 (ECHR).