Civilian alternative service and total conscientious objection in Germany.
Normative references
Art. 4 ECHR
Art. 9 ECHR
Ruling
Art. 9 ECHR does not include the right to be exempted from civilian alternative service on religious or conscience grounds. Art. 9 ECHR must be read in conjunction with Art. 4 ECHR.
(The applicant, a Jehovah's Witness and a conscientious objector, refused to perform the alternative civilian service: for this reason, he was sentenced to serve four months in prison. He was granted a stay of execution, provided that he carried out social work in a hospital or another institution. Unable to find such an agreement; the Court confirmed the penalty of imprisonment).
Notes
This case was overruled by Bayatyan v. Armenia (2011) and the subsequent case-law.
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