Nal, Sabahattin Mustafa Kemal Üniv - İktisadi ve İdari Bilimler Fak - Kamu Yönetimi Bölümü, Turkey

CONSCIENTIOUS OBJECTION IN FRAMEWORK OF EUROPEAN CONVENTION ON HUMAN RIGHTS AND TURKISH LAW

39876

Conscientious objection is an individual’s refusal to serve in the military due to moral, religious or political reasons. Today, many countries, especially European countries, reconnize conscientious objection as one of individual rights. This study analyzes the problem of conscientious objection in framework of Turkish Law and European Convention on Human Rights. To this end, the study first looks at the development process of and international regulations about the right of conscientious objection and and later considers the Turkish Law and the ECHR about the subject. The study concludes that although the ECHR does not directly include the right of conscientious objection, the European Court of Human Rights protects this righs indirectly through its decisions. Also, there is no regulation about the right of conscientios objection in Turkish Law including the Turkish Constitution. The Constitution does not prohibit this right however tehere are rules in Turkish legal systm conflicting with this right.

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Conscientious objection , European Convention on Human Righst , European Court of Human Righst , civil disobedience , refusal to serve in the military , soldier , military.

Mustafa Kemal University Journal Of Graduate School Of Social Sciences

274