The Venice Commission of the Council of Europe has published a legal opinion on an alternative service in Ukraine, stating that citizens cannot be forced or applied weapons contrary to their beliefs, even in war.
The document was answered to the request of the Constitutional Court of Ukraine in the case of a believer, an adventist of the seventh day, who refused military service through religious beliefs. Experts of the Venice Commission, analyzing international legislation, confirmed that the rejection of military service for conscience is a fundamental human right.
The conclusion emphasizes that the right to abandon military service through religious, moral or philosophical beliefs is recognized by the European Convention on Human Rights and International Law. The state must provide an alternative (non -military) service that will meet the public needs and not contradict the outlook of rejectors.
This issue became especially relevant after the start of a full -scale war, when general mobilization continues in Ukraine. Currently, an alternative service is provided only for members of registered religious communities whose dogmas are prohibited by weapons.
However, the conclusion of the Venice Commission may affect the change of legislation, since it confirms that the right to abandon military service should not be limited only by religious motives. This means that not only believers can have it, but also all citizens whose moral or philosophical beliefs do not allow participation in armed conflict.
