SPAIN

Article 9 of the European Convention guarantees the right to freedom of thought, conscience and religion. It reads:
“1. 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 worship, teaching, practice and observance.

With Resolution (99) 50, the Committee of Ministers institutes the Council of Europe Commissioner of Human Rights as a “non-judicial institution to promote education in, awareness of and respect for human rights, as embodied in the human rights instruments of the Council of Europe.”

The founding act of the Conference for Security and Cooperation in Europe included under its principles:
“VII. Respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief”

The Ibero-American Youth Convention recognises explicitly in its article 12 the right to conscientious objection, and prohibits the recruitment of under-18s:
“1. Youth have the right to make conscientious objection towards obligatory military service.
2. The States Parties undertake to promote the pertinent legal measures to guarantee the exercise of this right and advance in the progressive elimination of the obligatory military service.

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 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.

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).

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.

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.

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."