Council of Europe (CoE)

Human rights of conscripts

1. In most Council of Europe member states defence is based on national military service and the people’s obligation to serve their country for a period limited by law. These conscripts, like all soldiers, must be regarded as citizens in uniform.2

Human rights of conscripts

1. The Assembly refers to its Resolution 1166 (1998) on the human rights of conscripts, in which it invites member states to allow conscripts to enjoy civil and social rights and to grant them a status of "citizen in uniform", in strict respect of the European Convention on Human Rights.

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Recalling that respect for human rights and fundamental freedoms is the common heritage of member states of the Council of Europe, as is borne out, in particular, by the European Convention on Human Rights;

Considering that it is desirable to take common action for the further realization of human rights and fundamental freedoms;

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 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:

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 ;