Conscientious Objection: Context and Developments in Armenia

Nikolay Hovhannisyan is a senior program manager at Eurasia Partnership Foundation (EPF).

Introduction

The right to conscientious objection to military service is recognized under international law as a facet of the broader right to freedom of thought, conscience, and religion. Although not an independent right, conscientious objection is considered an inherent part of these fundamental freedoms, as articulated in key international instruments. Regionally, Europe has been particularly progressive in codifying this right, exemplified by the European Convention on Human Rights (ECHR) and decisions of the European Court of Human Rights (ECtHR), which has set significant legal standards for the recognition of conscientious objection. Under the ECHR, the right to conscientious objection is based on Articles 9 and 4.[1] It was first examined by the ECtHR in Thlimmenos v. Greece (2000), decades after an initial review by the European Commission of Human Rights in Grandrath v. Germany (1966). In its latest decision, on 12 March 2024, the ECtHR in Kanatlı v. Turkey clarified that the right extends to refusal of reserve military service, expanding the understanding of conscientious objection.

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Conscientious Objection to Military Service in Brazil

Paola Goulart de Souza Spikes is a federal judge at the Rio de Janeiro Federal Court. She holds a Master of Laws from Universidade Federal Fluminense (2024) and is a PhD Candidate at Pontifícia Universidade Católica do Rio de Janeiro.

Conscientious Objection in Brazil’s Federal Constitution

The 1988 Brazilian Constitution allows for conscientious objection to military service based on religious belief or philosophical or political conviction unless the objector refuses to perform an alternative service established by law (Article 5, VIII).

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Torah, War, Politics, and the Supreme Court: The 2024 Military Service of Ultra-Orthodox Yeshiva Students Bill

Moshe Jaffe is a constitutional law adjunct professor at the Academic Center of Law and Science in Israel and an adjunct professor at Cardozo School of Law.

Introduction

The tragic events of 7 October and the subsequent war in Gaza have reignited longstanding tension in Israel regarding the drafting of Ultra-Orthodox yeshiva students. This issue has been impacted as well by recent rulings of the Israeli Supreme Court, which have brought the matter back into public debate. This post aims to simplify this extremely complex issue and guide the reader through developments leading to the recent bill currently being considered by the Knesset. Given the brevity of this post, its focus is on recent developments and specifically on the 2024 bill rather than a comprehensive historical review.

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