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Gütl v. Austria, No. 49686/99, ECtHR, (First Section), 12 March 2009

Abstract

Conscientious objection to military service in Austria. Total conscientious objection for ministers of religious communities. 

Normative references

Art. 9 ECHR 
Art. 14 ECHR 

Ruling

The denial of complete conscientious objection (from military service and, at the same time, from alternative civilian service) to ministers of so-called “registered” religious associations is in breach of Article 9 ECHR in conjunction with Article 14 of the ECHR, when such legal treatment is reserved to ministers of so-called “recognized” religious associations. 
(In the present case, the applicant was a Jehovah's Witness who had been denied total conscientious objection. The community of Jehovah's Witnesses, at the time, enjoyed the status of a “registered” association, and not “recognized” association).