Case of Johansen v. Norway (Application no. 10600/83)

Case of Johansen v. Norway (Application no. 10600/83)

Inadmissibility decision by the European Commission of Human Rights, related to total objection.
“Being a pacifist, the applicant is opposed to military service, and he also objects to civilian service, since the purpose of such service is, in his opinion, to uphold respect for military service.(...)
The applicant has alleged a breach of Article 9 of the Convention, which guarantees to everyone the right to freedom of thought, conscience and religion.
When interpreting this provision, the Commission has taken into consideration Article 4 para. 3(b) of the Convention which inter alia provides that "service exacted instead of compulsory military service" should not be included in the concept of "forced or compulsory labour". Since the Convention thus expressly recognises that conscientious objectors may be required to perform civilian service it is clear that the Convention does not guarantee a right to be exempted from civilian service (see No. 7705/76, Dec. 5.7.77, D.R. 9 p. 196). The Convention does not prevent a state from taking measures to enforce performance of civilian service, or from imposing sanctions on those who refuse such service.
The Commission refers to its finding under para. 1 and concludes that the applicant's detention cannot be considered contrary to Article 9 of the Convention.
It fol­lows that this aspect of the application is manifestly ill-foun­ded within the meaning of Article 27 para. 2 of the Convention.”

Recognition of CO Not recognised