Conscientious objection

The applicant complained about his conviction by the Austrian courts for having refused to serve his compulsory military service on grounds of his religious beliefs as a Roman Catholic.

The Assembly,

Having regard to Article 9 of the European Convention on Human Rights which binds member States to respect the individual's freedom of conscience and religion,

Declares :
A. Basic Principles

1. Persons liable to conscription for military service who, for reasons of conscience or profound conviction arising from religious, ethical, moral, humanitarian, philosophical or similar motives, refuse to perform armed service shall enjoy a personal right to be released from the obligation to perform such service.

The Assembly,

1. Having regard to its Resolution 337 on the right of conscientious objection,

2. Recommends the Committee of Ministers :

(a) to instruct the Committee of Experts on Human Rights to formulate proposals to give effect to the principles laid down by the Assembly in its Resolution 337 by means of a Convention or a recommendation to Governments so that the right of conscientious objection may be firmly implanted in all member States of the Council of Europe ;