A/HRC/23/22
the requirement to perform such services outside the places of permanent residence, the
receipt of low salaries, which are below the subsistence level for those who are assigned to
work in social organizations, and the restrictions in the freedom of movement for the
persons concerned”.30
37.
The Committee’s approach regarding the length of alternative service is set out in its
views on the individual communication Foin v. France.31 In this case, the Committee
recognized that “the law and practice may establish differences between military and
national alternative service and that such differences may, in a particular case, justify a
longer period of service, provided that the differentiation is based on reasonable and
objective criteria, such as the nature of the specific service concerned or the need for a
special training in order to accomplish that service”. Subsequent to expressing its views on
the individual communication in Foin, the Committee has expressed concern that
alternative service of twice and 1.7 times the length of military service may be punitive in
its concluding observations.32
38.
The Council of Ministers of the Council of Europe has stated that “the less onerous
duties of civilian service may justify a longer duration than that of military service. It
considers that member States must enjoy a certain discretion in deciding on the length and
organisation of the alternative service”.33
39.
The European Committee of Social Rights of the Council of Europe has also
accepted “that the less onerous nature of civilian services justifies a longer duration than
that of military service”, adding that Contracting Parties to the European Social Charter
“enjoy a certain margin of appreciation in this area”.34 Nevertheless, the Committee has
found that alternative civilian service twice the duration of military service was “excessive”
in character. The Committee has taken the position that under article 1, section 2 of the
revised European Social Charter, alternative service should not exceed one and a half times
the length of military service.35
III. State law and practice: best practices
A.
Trend to abolish or suspend compulsory military service
40.
The trend to either abolish or suspend compulsory military service has reduced
considerably issues associated with compulsory military service and alternative service. A
number of States and other organizations indicated that their State or other States had
volunteer military service system or had formerly had a compulsory military service
obligation which had now been suspended or replaced with a voluntary military service
system (Bosnia and Herzegovina, Croatia, Germany (German Institute for Human Rights),
Honduras, Italy (Association Comunita Papa Giovanni XXIII), Lithuania, Serbia, Slovenia,
National Commission of Human Rights and Freedoms of Cameroon). Other countries that
30
31
32
33
34
35
Concluding observations on the sixth periodic report of the Russian Federation, CCPR/C/RUS/CO/6,
para. 23.
Communication No. 666/1995, Views adopted on 3 November 1999.
Concluding observations on the second periodic report of Estonia, CCPR/CO/77/EST; concluding
observations on the fifth periodic report of the Russian Federation, CCPR/CO/79/RUS.
Reply to recommendation 1518 (2001) of the Parliamentary Assembly on the exercise of the right to
conscientious objection to military service in Council of Europe member States, Doc. 9379.
Quaker Council for European Affairs v. Greece, complaint No. 8/2000, decision on the merits.
European Committee of Social Rights, European Social Charter (Revised): Conclusions 2008 (vol. I),
p. 231.
11
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