International Law

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 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.

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 ;