A/HRC/41/23
to their religious belief and conscientious objection had violated the complainants’ rights
under article 18, paragraph 1 of the Covenant.4
6.
In a recent report on youth and human rights, the High Commissioner pointed out
that conscientious objection to military service concerned young people more than any
other group, and regretted the lack of implementation of jurisprudence and of
recommendations made in international and regional human rights instruments, and the fact
that some States did not recognize or implement fully the right to conscientious objection to
military service in practice (A/HRC/39/33, paras. 53–56). At the regional level, the
European Youth Forum adopted in November 2018 a comprehensive resolution on the right
to conscientious objection to military service, inter alia calling upon its member
organizations to promote conscientious objection as a “youth right”.5
7.
The present report coincides with the enactment, drafting or amendment of
legislation on conscientious objection in a number of countries. Several national court
decisions recognizing the right to conscientious objection have also been issued recently:
for example, the Constitutional Tribunal of the Plurinational State of Bolivia, in the
operative part of its decision 0265/2016-S2 dated 23 March 2016, urged the legislative
assembly to regulate, through specific norms, everything relating to the right to
conscientious objection and provisions regarding alternative service to the mandatory
military service. 6 In Colombia, a new recruitment law regarding conscientious objector
status was adopted in August 2017. In Greece, on 8 March 2019, the Ministry of National
Defence presented a bill that regulates, inter alia, issues relating to the right of
conscientious objection. The bill, open for consultation, has been commented on by civil
society organizations, 7 while welcoming the positive provisions contained in the bill,
reiterated their concerns over several remaining problematic issues in contravention of
international and European human rights law 8 as identified by both United Nations and
regional human rights bodies.9
8.
On 28 June 2018, in a landmark decision, the Constitutional Court of the Republic
of Korea ruled that the failure to offer alternative forms of civilian service to conscientious
objectors was unconstitutional, and gave the Government until 31 December 2019 to
implement an alternative civilian service for conscientious objectors. 10 The Government
announced in September 2018 that it was planning to prepare measures for an alternative
service system and a proposal to amend the Military Service Act for submission to the
National Assembly.11 On 1 November 2018, the Supreme Court of the Republic of Korea
rendered a landmark decision that decriminalized conscientious objection, holding that
moral and religious beliefs were valid reasons to object to military service, and ordered the
4
5
6
7
8
9
10
11
See for example CCPR/C/124/D/2268/2013, para. 7.4.
See also A/HRC/23/22, paras. 8–13, A/HRC/35/4, paras. 4–8 and OHCHR, Conscientious Objection
to Military Service (United Nations publication, Sales No. E.12.XIV.3).
See www.youthforum.org/sites/default/files/publication-pdfs/016018_Resolution_conscientious_objection_FINAL_0.pdf.
Submission by the Plurinational State of Bolivia.
For example, see www.ebco-beoc.org/sites/ebco-beoc.org/files/attachments/2019-04-16EBCO_Press-Release-Greece.pdf.
See www.amnesty.org/en/documents/eur25/0088/2019/en/ and www.ebco-beoc.org/node/453.
See for example CCPR/C/GRC/CO/2, paras. 37–38, A/HRC/33/7, para. 136.15 and 136.16, and
A/HRC/35/4, paras. 18, 51, 53 and 54, Special Rapporteur on freedom of religion or belief,
communication GRC 3/2016 (https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublic
CommunicationFile?gId=22834); and European Court of Human Rights, Papavasilakis v. Greece,
application No. 66899/14, judgment of 15 September 2016.
See response of the Government of the Republic of Korea on communication KOR 2/2018 sent by
jointly by the Special Rapporteur on freedom of opinion and expression, the Special Rapporteur on
the right to privacy and the Special Rapporteur on freedom of religion or belief. See also
www.loc.gov/law/foreign-news/article/south-korea-supreme-court-finds-conscientious-objection-tomilitary-service-justifiable/.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34327.
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