Ankara Barosu Dergisi

Abstract

The European Court of Human Rights changed its case law by the decision of
Bayatyan / Armenia; according to this decision, the right of conscientious objection
is under the protection of religious freedom and entitled to exemption from
military service for conscientious objectors. The court took a decision against Turkey
(Ercep / Turkey decision), and judge that Turkey which does not approve the right
to conscientious objection, violated ECHR m. 9. Turkey is under an obligation to
approve this right that is not match the traditional historical and religious structure
of Turkish Society in order to protect religious freedom and fulfill the requirements
of the Erçep / Turkey  decision.There is not a uniform application on the institution
of conscientious objection in the Council of Europe member states. How to arange
the institution of conscientious objection is in Turkey’s own discretion in the light
of recommended  decision of the Committee of Ministers of Council of Europe and
the Parliamentary Assembly of the Council of Europe and jurisprudence of the
European Court of Human Rights.