Overview

The protection of the right to conscientious objection to military service remains one of the most complex and contested issues within international human rights law. This book seeks to delineate the minimum international legal standards on conscientious objection as they emerge from the jurisprudence of international human rights bodies. It further evaluates the extent to which member states of the Council of Europe have incorporated these standards into their domestic legal frameworks and practices. The degree of implementation across the Council of Europe varies significantly, shaped by diverse socio-political contexts and the pace of legislative and procedural reform within member states. Key themes addressed include the scope and legal contours of the right to conscientious objection, the grounds recognised as legitimate justifications, and the procedural safeguards governing applications for objector status. The book also examines the provision of accessible information to individuals subject to compulsory military service and the extension of relevant principles to professional members of the armed forces. Structured thematically, the book integrates an analysis of applicable international standards with a comparative assessment of state practice, highlighting common challenges, best practices, and evolving trends. Beyond offering a descriptive account of the current situation in the Council of Europe, the book aspires to advance scholarly and policy debates by advocating for a more coherent framework of legal and procedural obligations. It argues for the systematic review and adaptation of national legislation considering indicators and benchmarks informed by the Council of Europe's standard-setting instruments.

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