Fairness or Failure? The Punitive Nature of South Korea’s Alternative Service

Ihntaek Hwang is an affiliated researcher at the Tampere Peace Research Institute (TAPRI) in Finland.

Since 1951, South Korea has conscripted all physically eligible males over the age of 18. For more than half a century, the South Korean state imprisoned conscientious objectors in large numbers lest they “jeopardize the military and, hence, the vital common interest of national security upon which the constitutional rights and freedoms of individuals stand.”[1] As of 2017, around 19,000 South Korean men had been imprisoned for refusing military service, most of whom received a sentence of 18 months. South Korean conscientious objectors even accounted for more than 90% of those imprisoned worldwide for conscientious objection.

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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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