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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