The treatment of conscientious objection in the Council of Europe

Abstract

Within the Council of Europe, conscientious objection has been essentially addressed as a problem that results from the collision between the beliefs of minority religious groups and the duty of military service, although this issue has been secularised and diversified in both its objective and subjective aspects over time. Despite the differences between the approaches of European Court of Human Rights and the political bodies of the organization to the issue of conscientious objection, a clear, but slow, evolution can be observed from the 60’s until today, especially regarding the perception of its legal nature and its relation with the freedom of thought, conscience and religion of the art. 9 of the Convention of Rome, showing today some key points that shape a consistent legal doctrine. This allows objectors to claim direct protection under the Treaty and imposes, ultimately, specific duties on states regarding the recognition of conscientious objection or the content of its regulatory framework.