scholarly journals Decriminalisation Policy of Constitutional Court on Conscientious Objection to Military Service and Proper Design on Alternative Service System

법학논총 ◽  
2018 ◽  
Vol 42 (null) ◽  
pp. 55-84 ◽  
Author(s):  
이상현
Keyword(s):  
Military Service ◽  
Service System ◽  
Conscientious Objection ◽  
Constitutional Court ◽  
Proper Design ◽  
Alternative Service

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.

scholarly journals A Research on Rationality and Equity of the Military Service System Against Athletes in Korea

2016 ◽  
Vol 14 (5) ◽  
pp. 507-517
Author(s):  
Ho-Young Hwang
Keyword(s):  
Military Service ◽  
Service System ◽  
The Military

Dodging the Draft: Federal Constitutional Court Evades Review of Germany's Military Service Law

2002 ◽  
Vol 3 (5) ◽  
Keyword(s):  
Middle East ◽  
Military Service ◽  
Civil Service ◽  
Constitutional Court ◽  
Political Climate ◽  
Palestinian Territories ◽  
Explicit Recognition ◽  
Federal Constitutional ◽  
The Military ◽  
Domestic Issue

The incendiary image of German soldiers, serving as members of a proposed UN peace keeping force assigned to the Palestinian territories, formed the emotionally-charged and highly controversial backdrop to the Constitutional Court's recent consideration of the constitutionality of Germany's military/civil service obligation. The conflict in the Middle East aside, the military/civil service obligation has also emerged as a hot domestic issue as the campaign for the September federal elections catches its stride. Given this political climate it is hardly surprising that the Bundesverfassungsgericht (Federal Constitutional Court) opted to dismiss, on procedural grounds, two cases that posed distinct but related challenges to Germany's military/civil service obligation. It is, however, precisely the Court's explicit recognition of the politically-loaded nature of questions concerning Germany's military/civil service obligation that makes its decision in the first of the two cases remarkable.

scholarly journals Conscientious Objection to Abortion and Accommodating Women's Reproductive Health Rights: Reflections on a Decision of the Constitutional Court of Colombia from an African Regional Human Rights Perspective

2014 ◽  
Vol 58 (2) ◽  
pp. 183-209 ◽  
Author(s):  
Charles G Ngwena
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Conscientious Objection ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Conscientious Objector ◽  
Women’S Reproductive Health ◽  
The Right ◽  
Women's Reproductive Health ◽  
Health Rights

AbstractIf applied in isolation from the fundamental rights of women seeking abortion services, the right to conscientious objection can render any given rights to abortion illusory, including the rights to health, life, equality and dignity that are attendant to abortion. A transformative understanding of human rights requires that the right to conscientious objection to abortion be construed in a manner that is subject to the correlative duties which are imposed on the conscientious objector, as well as the state, in order to accommodate women's reproductive health rights. In recent years, the Colombian Constitutional Court has been giving a judicial lead on the development of a right to conscientious objection that accommodates women's fundamental rights. This article reflects on one of the court's decisions and draws lessons for the African region.

Recognising a Right to ‘Conscientiously Object’ for Registrars whose Religious Beliefs Are Incompatible with their Duty to Conduct Same-Sex Civil Partnerships

2012 ◽  
Vol 7 (3) ◽  
pp. 157-181 ◽  
Author(s):  
Andrew Hambler
Keyword(s):  
United Kingdom ◽  
Military Service ◽  
Religious Beliefs ◽  
Conscientious Objection ◽  
Specific Aspect ◽  
Same Sex ◽  
Job Requirements ◽  
Advantages And Disadvantages ◽  
Reproductive Healthcare

Abstract This article will argue that the term ‘conscientious objection’ can be applied beyond its associations with military service and reproductive healthcare, to explain the situation of a registrar of marriages, who, in carrying out his or her employment, has an objection based on religious beliefs to a specific aspect of his or her job requirements—namely the conduct of civil partnerships. It is argued that this objection is worthy of recognition and potential accommodation because of the weight of the burden which conscience imposes on the registrar, a burden that outweighs the case against recognition. The article then turns to examine critically the options for accommodating such a conscientious objection within United Kingdom law to the extent of considering three broad options, each with attendant advantages and disadvantages. Finally the article comes to the conclusion that re-configuring discrimination law might be the most pragmatic solution.

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