The right to freedom of thought, conscience and religion under the ECHR: conscientious objection to military service in theory and practice

Abstract

With the increasing significance of national security and defense in recent years, the issue of conscientious objection has become even more pressing than ever before since it raises concerns for those individuals who refuse to perform mandatory military service on the grounds of their deeply held beliefs. From the perspective of human rights law, conscientious objection to military service is a fundamental aspect of the right to freedom of thought, conscience and religion. This Bachelor thesis examines the issue of conscientious objection to military service in the light of Article 9 ECHR and investigates ECtHR case-law. Thus, the main objective of the thesis is to present the theoretical foundations and legal intricacies of conscientious objection to military service as evident in European jurisprudence.