Conscientious Objection to Military Service in International Human Rights Law

verfasst von: Özgür Heval Çınar

Verlag: Palgrave Macmillan US

Enthalten in: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft"

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Über dieses Buch

This book examines the right to conscientious objection in international human rights law. It begins with an exploration of the concept of conscience and its evolution. Özgür Heval ??nar analyzes human rights law at both the international and regional level, considering UN, European, and inter-American mechanisms.

Inhaltsverzeichnis

Frontmatter

Introduction

Abstract

Conscientious objection to military service is a means of resisting war and military service for reasons of conscience based on profound religious, ethical, moral, philosophical, humanitarian, or similar convictions. Conscientious objection generally concerns the exemption of people from fulfilling legal obligations that would necessitate a violation of their conscience, religion, or belief. The phenomenon of conscientious objection appears in diverse forms and covers a wide variety of societal issues from nonpayment of tax for military expenses to the performance of abortions. However, conscientious objection is more commonly associated with refusal to perform military service.

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Conscience, Freedom of Conscience, and Conscientious Objection to Military Service

Frontmatter

Chapter 1. Conscience and Freedom of Conscience

Abstract

The word “conscience” derives from the Latin word “conscientia.” In its linguistic origins, the term “conscience” signified shared (con) knowledge (science).¹ According to the Longman Contemporary English Dictionary, the conscience is “the part of your mind that tells you whether what you are doing is morally right or wrong.”² Eide and Mubanya-Chipoya, in their report to the United Nations, interpret the meaning of conscience thus: “genuine ethical convictions, which may be of religious or humanist inspiration, and supported by a variety of sources.”³

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Chapter 2. Conscientious Objection to Military Service

Abstract

Conscientious objection has travelled a long way since the first known conscientious objector was executed in the third century because of his religious pacifism; today, international and national mechanisms have begun to accept conscientious objection for religious, ethical, moral, philosophical, humanitarian, or similar motives; that is to say, on nonreligious as well as solely religious grounds.¹

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Chapter 3. Categories of Objectors to Military Service

Abstract

Conscientious objection is an individual choice. It is, therefore, evident that it can take many different forms.¹ With regard to conscientious objection to military service, a certain number of conscientious objectors are reluctant to take part in any military activity at all. Other conscientious objectors agree to work in alternative civilian service or in unarmed military service. Yet others refuse to participate only in a particular war or conflict.²

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Conscientious Objection to Military Service as a Human Right

Frontmatter

Chapter 4. International Level: The United Nations Human Rights System

Abstract

This chapter will deal with the relevant articles of the Universal Declaration of Human Rights (hereinafter “UDHR” or “the Declaration”) and the International Covenant on Civil and Political Rights (ICCPR). In addition, to better understand the present scope of right to conscientious objection the attitudes of the UN mechanisms will be examined in this chapter.

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Chapter 5. Regional Level: The European and the Inter-American Human Rights Systems

Abstract

In analyzing the travaux préparatoires and the present scope of the key European and Inter-American documents, this chapter will reveal the present content of the right to conscientious objection under freedom of thought, conscience, and religion. Moreover, in order to more explore the present scope of this right the approaches of judicial and nonjudicial mechanisms in the Europen and the Inter-American Human Rights Systems will be examined.

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Conclusion

Abstract

Conscientious objection first entered the agenda of international human rights law following the Second World War. Today, the right to conscientious objection is recognized in Article 10(2) of the Charter of Fundamental Rights of the European Union and Article 12(1) of the Ibero-American Convention on Young People’s Rights.¹ Apart from these two documents, no human rights convention makes direct recognition of the right to conscientious objection. However, the right is addressed within the scope of the “freedom of thought, conscience, and religion” clauses, and has therefore been guaranteed as a universal human right under key human rights documents.²

Özgür Heval Çınar

Backmatter

Titel: Conscientious Objection to Military Service in International Human Rights Law
verfasst von: Özgür Heval Çınar
Verlag: Palgrave Macmillan US
Electronic ISBN: 978-1-137-36608-5
Print ISBN: 978-1-349-47399-1
DOI: https://doi.org/10.1057/9781137366085