A Conscientious Objector's Guide to the International Human Rights System - CHAD

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC)

andreas — Mon, 17 Dec 2012 10:43:10 +0000

Entered into force:

12/02/2002

Article 2 of the Optional Protocol states:
“States Parties shall ensure that persons who have not attained the age of 18 years are not compulsorily recruited into their armed forces.”

Article 3 paragraph 1 states:
“States Parties shall raise the minimum age for the voluntary recruitment of persons into their national armed forces from that set out in article 38, paragraph 3, of the Convention on the Rights of the Child, taking account of the principles contained in that article and recognizing that under the Convention persons under the age of 18 years are entitled to special protection.”

Link:

Countries:

Recognition of CO

Neutral

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Convention on the Rights of the Child

andreas — Mon, 17 Dec 2012 10:28:00 +0000

Entered into force:

02/09/1990

Article 14 of the Convention on the Rights of the Child protects a child's freedom of thought, conscience and religion.
Article 28 guarantees the right of the child to education.

Link:

Countries:

Recognition of CO

Neutral

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Optional Protocol to the International Covenant on Civil and Political Rights

andreas — Fri, 14 Dec 2012 11:00:46 +0000

Entered into force:

23/03/1976

The OptionalProtocol establishes the competence of the Human Rights Committee to receive individual communications in relation to violations of the International Covenant on Civil and Political Rights (ICCPR).

Link:

Countries:

Recognition of CO	Neutral
Length/terms of service	Neutral
Discrimination	Neutral
Time limits	Neutral
in-service objection	Neutral
Selective objection	Neutral
Repeated punishment	Neutral
CO to military taxation	Neutral

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International Covenant on Civil and Political Rights

andreas — Wed, 12 Dec 2012 14:08:07 +0000

Entered into force:

23/03/1976

Article 18:
"1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions."

Link:

Countries:

Recognition of CO	Recognised
Length/terms of service	Recognised
Discrimination	Recognised
Time limits	Recognised
in-service objection	Recognised
Selective objection	Recognised
Repeated punishment	Recognised
CO to military taxation	Recognised

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International Covenant on Economic, Social and Cultural Rights

andreas — Wed, 12 Dec 2012 13:52:28 +0000

Entered into force:

03/01/1976

Article 6 guarantees the "right of everyone to the opportunity to gain his living by work which he freely chooses or accepts". A substitute service that is much longer than military service can be seen as a disproportionate restriction of this right.
Article 13 guarantees the right to education.

Link:

Countries:

Length/terms of service

Recognised

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Universal Declaration of Human Rights

andreas — Wed, 12 Dec 2012 13:29:20 +0000

Entered into force:

10/12/1948

Article 18 of the Universal Declaration of Human Rights:
"Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance."

Link:

Countries:

Recognition of CO	Recognised
Length/terms of service	Recognised
Discrimination	Recognised
Time limits	Recognised
in-service objection	Recognised
Selective objection	Recognised
Repeated punishment	Recognised
CO to military taxation	Recognised

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Charter of the United Nations

andreas — Wed, 12 Dec 2012 12:59:37 +0000

Entered into force:

24/10/1945

The preambel to the Charter of the United Nations states that "we the peoples of the United Nations" are determined (...):

to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained

Link:

Countries:

Recognition of CO	Recognised
Length/terms of service	Recognised
Discrimination	Recognised
Time limits	Recognised
in-service objection	Recognised
Selective objection	Recognised
Repeated punishment	Recognised
CO to military taxation	Recognised

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test legal basic (chad)

superuser — Tue, 11 Dec 2012 17:26:47 +0000

Entered into force:

11/12/2012

bla bla

Countries:

CHAD

Length/terms of service

Recognised

African Charter on the Rights and Welfare of the Child

andreas — Thu, 25 Oct 2012 14:30:12 +0000

Entered into force:

29/11/1999

The African Charter on the Rights and Welfare of the Child guarantees the rights of children in those African countries that have ratified it. Especially relevant are:

Article 9 (1) (Freedom of Thought, Conscience, and Religion)

"Every child shall have the right to freedom of thought conscience and religion."

Article 11 (Education)

Article 22 (2) (Armed Conflicts)

“States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child.”

Link:

Recognition of CO	Recognised
Length/terms of service	Recognised
Discrimination	Recognised
Time limits	Recognised
in-service objection	Recognised
Selective objection	Recognised
Repeated punishment	Recognised

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African Charter on Human and Peoples' Rights

andreas — Fri, 19 Nov 2010 21:45:08 +0000

Entered into force:

21/10/1986

The African Charter on Human and Peoples' Rights (ACHPR) from 1981, which entered into force in 1986, is Africa's oldest human rights instrument.

Article 8 of the ACHPR states: “Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.” The right to conscientious objection to military service could be derived from this article, similar to article 18 of the ICCPR and article 9 of the ECHR.

Other potentially relevant provisions of the ACHPR are article 2 (non-discrimination), article 5 (freedom from torture), article 7 (right to fair trial), article 10 (right of association), article 16 (right to education), among others.

Link:

Recognition of CO	Recognised
Length/terms of service	Recognised
Discrimination	Recognised
Time limits	Recognised
in-service objection	Recognised
Selective objection	Recognised
Repeated punishment	Recognised
CO to military taxation	Neutral

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