DoktoraAçık Erişim

The compulsory military service, under the term public service and administrative process

2008
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Danışman: Doç. Dr. E. Ethem Atay

Özet (EN)

Compulsory (mandatory) military service, exposed during the building progress of the modern nation state and for the first time put into the practice in France in 1793. In the following centuries, it has been widespreaded all over the world, especially in western countries. But especially after the cold war, it begun to left it?s place to the professional armies. According to this changes many nations begun to recognize the conscientious objections right.According to the international law, the conscientious objections right and the compulsory military service, handled within the freedom of religion and belief and forbidden forced labour employing. According to the United Nations International Covenant On Civil And Political Rights (Art.8, 18) and European Convention on Human Rights (Art.4, 9), member countries doesn?t have to stop compulsory military service or recognize the conscientious objections right. But UN and Europe are forcing the countries about this subject.Compulsory military service in Turkey accepted in 1846 with the first military enlistment law, taken in to affect after the declaration of administrative reforms during the Ottoman Empire (Tanzimat). Military Service Law#1111 is still in force, which is recognized in the very beginning of Turkish Republic, in 1927. According to the Turkish Constitution, national service is the right and duty of every Turk. And according to the first article of the law#1111, every male citizen has to complete the military service. According to this regulation, military service is a public service, which limits many of the rights and freedom. According to the Constitution, military service is not compulsory. The parliament may envisage another public service instead of military service and this service may be accomplished in public organizations instead in the Armed Forces. If it is in line with the principles `secularism? and `equality?, the conscientious objections right may be regulated by law. According to the European Convention on Human Rights (ECHR) and European Court of Human Rights (ECHR), Turkey doesn?t have to recognize the conscientious objections right. The decision concerning Osman Murat Ülke doesn?t require the recognition of this right.Enlistment procedures are regulated by the law#1111 in Turkey. According to the law#1076, university graduated personnel serve as a reserve officer in the Armed Forces. In addition, there are some other military service methods such as; sum paid for exemption from military service, pay the government a fee for not doing military service, teacher as a reserve officer, teacher as a private soldier, short term military service and duty in the public institutions.The circumstances and the situation in Turkey require to sustain the present compulsory military service. But, the law concerning military service should be updated in order to be in line with the requirements of modern world.

Yazar

Dr. Celal Işıklar

Bu Yayına Nasıl Atıf Yapılır

Celal Işıklar (Doctorate thesis). The compulsory military service, under the term public service and administrative process, 2008, Gazi University.

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