E/CN.4/1991/56
page 30
"A person who, for serious reasons connected with profound religious or
moral beliefs, cannot perform armed military service as provided for in the
Military Service Act (452/50) may request exemption in times of peace. While
exempted from armed military service he shall perform unarmed military service
or a substitute community service in accordance with the provisions of this
Act (art. 1). Unarmed military service shall be 90 days longer, and
substitute community service shall be 240 days longer than normal military
service." (art. 3 ) .
Paragraph 1 of article 1 of the Act on exemption from military service
for Jehovah's Witnesses in certain circumstances (645/85) stipulates:
"Anyone who furnishes proof that he is a member of the religious
community registered as Jehovah's Witnesses and declares that, for serious
reasons connected with profound beliefs, cannot perform armed military service
or a substitute service may, despite the provisions of the Military Service
Act (452/50) and the Unarmed Military Service and Substitute Community Service
Act (132/60), benefit from deferral and be exempted from military service in
times of peace, in accordance with provisions of this Act."
Germany
"According to Article 4(3) of the Basic Law, everyone has the basic right
to object to compulsory military service on grounds of conscience. That
provision reads: 'No one may be compelled against his conscience to render
war service involving the use of arms'. Details shall be regulated by a
federal law.
'War service' in this sense is any activity directly connected with the
use of weapons of war. The right to refuse military service is given a wide
interpretation and also applies in times of peace. Refusal to do military
service must be the result of a decision of conscience. Whether such refusal
is justified is determined in a statutory procedure. However, those who are
recognized as conscientious objectors are required, by virtue of the principle
of equality before the law anchored in Article 3 of the Basic Law, to perform
a substitute service. The relevant provision of the constitution
(Art. 12a (2) of the Basic Law) reads as follows:
A person who refuses, on grounds of conscience, to render war service
involving the use of arms may be required to render a substitute service. The
duration of such substitute service shall not exceed the duration of military
service. Details shall be regulated by a law which shall not interfere with
the freedom of conscience and must also provide for the possibility of a
substitute service not connected with the armed forces or the federal border
guard.
The laws governing refusal on grounds of conscience to serve in the armed
forces, dated 28 February 1983 (Federal Law Gazette Part I, p. 203), amended
by the law of 30 June 1989 (Federal Law Gazette Part I, p. 1290), and civilian
service by conscientious objectors, as published by notification of
31 June 1986 (Federal Law Gazette Part I, p. 1205), amended by article 5 of
the law of 26 June 1990 (Federal Law Gazette Part I, p. 1211-1216), stipulate
that 'persons who refuse on grounds of conscience to be involved in the use of
force between States and therefore invoke Article 4 (3), first sentence, of
the Basic Law in support of their refusal to render military service with the