Conscientious objection

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.

The General Assembly,

Mindful that the Charter of the United Nations sets forth, as one of the purposes of the Organization, the achievement of international co-operation in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion,

Recalling article 18 of the Universal Declaration of Human Rights, which states that everyone has the right to freedom of though, conscience and religion,

The Assembly,

1. Wishing to promote legal status for conscientious objectors in Council of Europe member states ;

2. Recalling its Recommendation 478 (1967) and Resolution 337 (1967), on the right of conscientious objection ;

3. Re-asserting the principles stated in Resolution 337 (1967), which form an integral part of this recommendation,

4. Recommends that the Committee of Ministers:

A Jehovah’s Witness and recognised as a conscientious objector by the competent authorities, the applicant refused to comply with a call-up for substitute civilian service. He was convicted of avoiding service and sentenced to four months in prison, but was granted a stay of execution to negotiate for a service agreement to do social work in a hospital or other institution, which would exempt him from civilian service. As he was unable to arrange for such an agreement, his sentence was enforced in December 1976.