By Ö. Çinar, Özgür Heval Ç?nar
This learn examines Turkey's non-recognition of the ideal to conscientious objection to army provider and locates this non-recognition in the context of foreign human rights legislations - particularly United countries and ecu Union procedure.
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Additional resources for The Right to Conscientious Objection to Military Service and Turkey’s Obligations under International Human Rights Law
478 in the same year. 7 However, the Committee of Ministers did not follow the PACE’s recommendation, claiming that provisions in domestic law in several states already dealt adequately with the question; other states had made clear that they were opposed to changing their laws. 11 Moreover, in its Recommendation no. 16 Unlike many previous international documents the term ‘non-combatant’ is not mentioned in this recommendation. Since unarmed military service has not been included within the term ‘alternative service’, this service is therefore seen as having a wholly civil nature.
Turkey,109 reaching a judgment on 22 November 2011. Yunus Erçep was also a Jehovah’s Witness. He did not report for duty when initially called up in March 1998, and was therefore considered a deserter. Each time he failed to report for duty at the beginning of a new call-up period, a prosecution was lodged by the Military Court. 112 In answer, the Court declared that as regards the right to conscientious objection there had been a recent review of its case law. 114 It stressed there was no doubt that Erçep’s refusal to perform military service was due to his genuinely held religious beliefs.
Article (8)(3)(c)(ii): “(c)For the purpose of this paragraph the term ‘forced or compulsory labour’ shall not include: ... (ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors; ... ” Paavo Muhonen v. Finland, Communication no. 89/1981, 8 April 1985, UN Doc. CCPR/C/OP/2; L. T. K. v. Finland, Communication no. 185/1984, 9 July 1985, UN Doc. CCPR/C/OP/2; Aapo Järvinen v. Finland, Communication no.
The Right to Conscientious Objection to Military Service and Turkey’s Obligations under International Human Rights Law by Ö. Çinar, Özgür Heval Ç?nar