The non-existence of the right to conscientious objection in Turkey, a member of the Council of Europea, as a violation of the ECHR

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The non-existence of the right to conscientious objection in Turkey, a member of the Council of Europea, as a violation of the ECHR

Submitted to:
Dr. Şeyda EMEK

Submitted by: Özden IHTIYAR
3. Semester Master of European Studies (EuroMaster)
International and European Protection of Human Rights
Matriculation number: 6381395
E-mail: ozdenihtiyar@gmail.com
WS 2011

TABLE OF CONTENTS

1. Introduction.............................................................................................................. 1 2. Historical Development of the Right to Conscientious Objection 3. The Place of the Right to Conscientious Objection in United Nations’ Regulations 4. The Place of the Right to Conscientious Objection in Council of Europe’s Regulations 5. The Regulations of Military Service in Turkey

6. The experiences of conscientious objection in Turkey
7. The ECtHR-decisions about the right to conscientious objection 7.1 Ulke v Turkey Decision
7.2 Bayatyan v. Armenia Decision
7.3 Erçep v. Turkey and Demirtaş v. Turkey Decisions
8. Conclusion
BIBLIOGRAPHY ......................................................................................................... 12 1. Introduction
The list of rights and freedoms does not remain stable. The living law recognizes a new right and freedom each passing day. This situation is in the nature of things. One of the rights and freedoms which was attached to the list is the rights to conscientious objection. This right is recognized by many states today. In the mean time, in many international documents and decisions is identified this right and the scope of it’s in detail On the other hand, there are still a few governments which deny the right to conscientious objection. One of them is Turkey. In fact, the recognition of this right is required to international law. In this study, firstly, the historical development of the right to conscientious objection will be handled. Later, the documents about the right to conscientious objection which belong to two international organisations the United Nations and the Council of Europe will be described separately. Note that Turkey is a member both of them. Forth part of the study, the regulations of military service in Turkey will take place. After that, the experiences of conscientious objection in Turkey will be handled. Than, the ECtHR decisions about conscientious objection will be analyzed. After all of them will come the conclusion part . 2. Historical Development of the Right to Conscientious Objection Before analysing the historical development of conscientious objection right, we need to describe what conscientious objection is. Primarily it means a human behaviour which depends on his conscientious. One important historical event which supports this idea is its emergence in 1890’s with an obligatory vaccine implementation. Moreover abortion protest depending on moral values and religious believes are evaluated with in the scope of conscientious objection. So in general we can identify conscientious objection is objection of some obligations which come from positive law because of some believes, some morals and political values1. But after I World War this term was rapidly started to be used for the people who refused to use guns going to the army. In this context the word of ‘Kriegdienstverweigerung’ (which means objection of war servant in German) and word of ‘insumision’ (which means disobedience in Spanish) reflect the real meaning of conscientious movement better2. If we look at the historical resources we can see the first conscientious movement had emerged with religious reasons. Even in Antient Roman Time it was documented that people had conscientious objection right according to their religious believes3. Furthermore since 16th century in Protestant sect there have been some groups like Baptists and Quakers which has been rejecting to fight and carry weapons...
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