Conscientious objection to military services in national and International Law and its theoritical foundations

Conscientious objection is a concept of which scope involves new meanings and areas of action each day, and today the concept comes to agenda in various fields of such as health, education, judiciary and military service. However, the most well-known form of conscientious objection is the conscientious objection of military service, which has historically been identified with this concept. Conscientious objection to military service is not explicitly regulated in fundamental human rights conventions such as the International Covenant on Civil and Political Rights and the European Convention on Human Rights. However, it is considered within the scope of provisions that regulate freedom of thought, conscience and religion by both United Nations Human Rights Committee and the European Court of Human Rights. The right to conscientious objection imposes an obligation for states that have adopted the compulsory military service relevant to exempting conscientious objectors from military service or providing them an alternative civil service option. This obligation is not limited to these options, states also shall ensure that the right to conscientious objection is effective and accessible besides guarantee that the alternative civilian service is compatible with the reasons for conscientious objection, is non-punitive and non-discriminatory. In Turkey, where the compulsory military service system has been adopted, there is no legislation relevant to conscientious objection. Both article 90 of Constitution which regulates the necessity of the directly applicable of international human rights conventions that Turkey is a party on domestic law and European Court of Human Rights' binding decisions against Turkey's violation make Turkey responsible for conscientious objection. Accordingly, Turkey shall recognize conscientious refusal of military service as a right in compliance with its responsibilities under international human rights law.