Conscientious Objection to Military Service

A/HRC/RES/24/17No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2013.

What other versions does this mandate have?

4 versions · 2012–2022

This is an older version — the most recent is A/HRC/RES/51/6

2022A/HRC/RES/51/6Conscientious objection to military serviceLatestCompare with previous version
2017A/HRC/RES/36/18Conscientious objection to military serviceCompare with previous version
2013A/HRC/RES/24/17Conscientious objection to military serviceCompare with previous version
2012A/HRC/RES/20/2Conscientious objection to military service

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

3 topics

Administration of Justice Compulsory Military Service Conscientious Objectors

What does this mandate say?

20 operative paragraphs

Recognizes that the right to conscientious objection to military service can be derived from the right to freedom of thought, conscience and religion or belief;

Takes note of the analytical report on conscientious objection to military service presented by the United Nations High Commissioner for Human Rights to the Human Rights Council at its twenty-third session, pursuant to resolution 20/2;

Encourages all States, relevant United Nations agencies, programmes and funds, intergovernmental and non-governmental organizations and national human rights institutions to cooperate fully with the Office of the High Commissioner by providing relevant information for the preparation of the next quadrennial analytical report on conscientious objection to military service, in particular on new developments, best practices and remaining challenges;

Takes note of the publication by the Office of the High Commissioner of a guide entitled Conscientious Objection to Military Service (2012);

Acknowledges that an increasing number of States recognize conscientious objection to military service not only for conscripts but also for those serving voluntarily, and encourages States to allow applications for conscientious objection prior to, during and after military service, including reserve duties;

Recognizes that an increasing number of States that retain compulsory military service are taking steps to ensure the establishment of alternatives to military service;

Welcomes the fact that some States accept claims of conscientious objection to military service as valid without inquiry;

Calls upon States that do not have such a system to establish independent and impartial decision-making bodies with the task of determining whether a conscientious objection to military service is genuinely held in a specific case, taking account of the requirement not to discriminate between conscientious objectors on the basis of the nature of their particular beliefs;

Urges States with a system of compulsory military service, where such provision has not already been made, to provide for conscientious objectors various forms of alternative service which are compatible with the reasons for conscientious objection, of a non-combatant or civilian character, in the public interest and not of a punitive nature;

Emphasizes that States should take the necessary measures to refrain from subjecting individuals to imprisonment solely on the basis of their conscientious objection to military service and to repeated punishment for refusing to perform military service, and recalls that repeated punishment of conscientious objectors for refusing a renewed order to serve in the military may amount to punishment in breach of the legal principle ne bis in idem;

Calls upon States to consider releasing individuals imprisoned or detained solely on the basis of their conscientious objection to military service;

Reiterates that States, in their law and in practice, must not discriminate against conscientious objectors in relation to their terms or conditions of service, or any economic, social, cultural, civil or political rights;

Encourages States, subject to the circumstances of the individual case meeting the other requirements of the definition of a refugee as set out in the Convention relating to the Status of Refugees of 1951 and the Protocol thereto of 1967, to consider granting asylum to those conscientious objectors to military service who have a well-founded fear of persecution in their country of origin owing to their refusal to perform military service when there is no provision, or no adequate provision, for conscientious objection to military service;

Also encourages States, as part of post-conflict peacebuilding, to consider granting and effectively implementing, amnesties and restitution of rights, in law and in practice, for those who have refused to undertake military service on grounds of conscientious objection to military service;

Affirms the importance of the availability of information about the right to conscientious objection to military service, and the means of acquiring conscientious objector status, to all persons affected by military service;

Welcomes initiatives to make such information widely available, and encourages States, as applicable, to provide information to conscripts and persons serving voluntarily in the military services about the right to conscientious objection to military service;

Urges States to respect freedom of expression of those who support conscientious objectors or who support the right of conscientious objection to military service;

Encourages States to use the information contained in the above-mentioned report and guide of the Office of the High Commission and in the present resolution to consider introducing appropriate legislation, policies and practices regarding conscientious objection to military service, and to address any discriminatory provisions therein, and to inform the enforcement of an adequate legal framework to ensure that the right can be respected in practice;

Invites States to consider including in their national reports, to be submitted to the universal periodic review mechanism and to United Nations human rights treaty bodies, information on domestic provisions related to the right to conscientious objection;

Decides to continue consideration of this matter under the same agenda item in accordance with its annual programme of work.

Paragraph content is machine-extracted from UN documents. For authoritative content, please refer to the official UN document.

No headings found in this document.

Who created this mandate?

What other versions does this mandate have?

What subjects does this mandate have?

What does this mandate say?

Table of contents