Part 1 Freedom of Religion or Belief, 1.3.11 Conscientious Objection

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Military Service ◽  
Conscientious Objection ◽  
Refugee Status ◽  
National Anthem ◽  
Conscientious Objectors ◽  
Lethal Force ◽  
Compulsory Military Service ◽  
Normative Basis ◽  
Military Expenditures ◽  
Alternative Service

This chapter addresses issues concerning conscientious objection, notably the refusal by individuals to perform compulsory military service based on their genuinely held religious or other beliefs that forbid the use of lethal force. Throughout the past five decades, various international and regional human rights mechanisms have significantly changed their interpretation with regard to the existence and normative basis of a right to conscientious objection to military service. This chapter also discusses the question of who can claim conscientious objection; procedural issues; the problem of repeated trials and punishment of conscientious objectors; the nature and length of alternative service; refugee status claims based on persecution arising from conscientious objection; and conscientious objection in disputed territories. In addition, there are several issues of interpretation related to ‘selective’ objection against participating in certain wars and ‘total’ objection even against alternative civilian service. In addition to conscientious objection to military service, also other issues may give rise to objections, for example against the obligation to pay taxes for military expenditures; against carrying out abortions; against a duty to join a hunting association; against singing the national anthem or saluting the flag; and conscientious objection in the employment sphere.

“The War Power Is Not a Blank Check”: The Supreme Court and Conscientious Objection, 1917–1973

2019 ◽  
Vol 31 (3) ◽  
pp. 303-325
Author(s):  
Megan Threlkeld
Keyword(s):  
World War Ii ◽  
Vietnam War ◽  
Military Service ◽  
Civil Liberties ◽  
Conscientious Objection ◽  
Conscientious Objector ◽  
Compulsory Military Service ◽  
The Supreme Court ◽  
Changing Attitudes ◽  
War Power

Abstract:This article examines the Supreme Court’s role in the development of federal conscientious objector policy in the twentieth century. Focusing on two key periods—the three years following the end of World War II, and the era of the Vietnam War—I argue that the policy’s evolution was more complex than previous studies have indicated, and that the Court’s changing attitudes toward conscientious objection can be traced to the justices’ increasing but irresolute concern for civil liberties. By the early 1970s, the Court was interpreting federal statutes much more broadly than Congress ever intended, but the justices remained divided over just how broad those interpretations should be. While the end of the draft rendered the question of compulsory military service moot, the Court’s failure to arrive at a clear position on conscientious objection has had lasting implications on other issues.

RETURNING OF COMPULSORY MILITARY SERVICE – DECISION ADDENDUM

2021 ◽  
pp. 247-262
Author(s):  
MILOVAN SUBOTIĆ
Keyword(s):  
Decision Making ◽  
Military Service ◽  
Armed Forces ◽  
Conscientious Objection ◽  
Defense System ◽  
Individual Life ◽  
Compulsory Military Service ◽  
Number Of Factors ◽  
Media Space ◽  
Full Capacity

The obligation to serve in the Serbian Armed Forces was suspended ending with the last batch of soldiers sent in 2010, and it also referred to recruits who, due to conscientious objection, replaced military service with civilian service. This decision was carried out on 1 January 2011, and since then military service has been based on the principle of voluntariness. Ten years later, judging by the statements of state officials and the extensive media space which this topic occupies, we are never closer to returning to compulsory military service. Recognising the fact that the 'thawing' of military service would have significant counteractions not only on the defense system but also on the broader context of community and individual life, this paper emphasises the importance of a nuanced approach to the problem. The experiences of the countries that have returned to military service are precious, so at the beginning of the paper, all the attention is aimed at that direction. The experiences of countries with a continuous duration of military service are also analysed, on the examples of those who carry out this service at full capacity and those who have formally compulsory military service, but whose armed forces are almost 100% replenished with volunteers. The context of the possible return of compulsory military service in Serbia is viewed from the point of several supremacist aspects important for decision-making, such as the current security situation and several complementary aspects, such as economic, functional and legal. It is important to point out that the authors do not value themselves in this paper, but the key intention of the paper is to understand a number of factors that must be taken into account when deciding on this issue.

The Perpetuation of Gender Norms and White Hegemonic Patriarchy in the South African Defence Force as Represented in André van der Merwe’s Moffie (2006)

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Bernard Nolen Fortuin
Keyword(s):  
South Africa ◽  
Military Service ◽  
Well Being ◽  
The Novel ◽  
White Family ◽  
White Children ◽  
White Masculinity ◽  
Party Government ◽  
Compulsory Military Service ◽  
The Military

With the institution of compulsory military service in South Africa in 1948 the National Party government effected a tool well shaped for the construction of hegemonic masculinities. Through this, and other structures like schools and families, white children were shaped into submissive abiding citizens. Due to the brutal nature of a militarised society, gender roles become strictly defined and perpetuated. As such, white men’s time served on the border also “toughened” them up and shaped them into hegemonic copies of each other, ready to enforce patriarchal and racist ideologies. In this article, I look at how the novel Moffie by André Carl van der Merwe (2006) illustrates hegemonic white masculinity in South Africa and how it has long been strictly regulated to perpetuate the well-being of the white family as representative of the capitalist state. I discuss the novel by looking at the ways in which the narrator is marked by service in the military, which functions as a socialising agent, but as importantly by the looming threat of the application of the term “moffie” to himself, by self or others.  

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

scholarly journals Genital diseases awareness in young male students: Is information necessary to protect them?

2013 ◽  
Vol 85 (1) ◽  
pp. 14
Author(s):  
Nicola Mondaini ◽  
Mauro Silvani ◽  
Teo Zenico ◽  
Fabrizio Gallo ◽  
Franco Rosso ◽  
...  
Keyword(s):  
High School Students ◽  
Observational Study ◽  
Military Service ◽  
Social Impact ◽  
Young Male ◽  
Male Students ◽  
Sexual Disorders ◽  
School Students ◽  
Sexually Transmitted ◽  
Compulsory Military Service

Introduction: Few studies on the prevalence of male sexual diseases are currently available due to difficult application of observational studies or andrological disease prevention campaigns on large series of apparently healthy subjects. The medical check-up linked to compulsory military service represented in Italy a valid tool for epidemiological and observational study for 18 year old boys from 1861 to 2004. The stopping of compulsory military service and its related medical check-up could have determined an important social impact in terms of a lower level of attention and care on male genital/sexual diseases. The aim of the present observational study was to check the prevalence of genital/ sexual diseases among young male high-school students and promote an alternative campaign of information among young students. Methods: A prospective observational analytical study on young male students was conducted by 6 urological centres. Genital and sexually transmitted diseases were presented with slides to students in a general assembly. Some students were then counselled and filled out a short questionnaire on their lifestyle. Results: 12,535 students (10,432 males-83.6%) followed the presentation. and 4,897 males (46.7%) decided to be checked-up by the urologist and out of them 1554 (31.7%) presented relevant andrological diseases. Five-hundred students completed the questionnaire concerning their lifestyle. Many of them had not yet experienced condom use during sexual intercourse (27.8%). Drug abuse was reported by 39.6% of subjects and alcohol consumption in 80.8% of them. Conclusions: These data suggest the need for a national information campaign on male sexual disorders to promote sexual health.

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