Cristián Daniel Sahli et al v Chile

Cristián Daniel Sahli et al v Chile
Date: 
10/03/2005

The case concerned three conscientious objectors from Chile, who alleged “that the obligation to perform military service constitutes a violation of the freedom of conscience of the young men Sahli, Basso, and Garate, as they have been subjected to restrictive measures that are an attack on their beliefs as to how they should carry out their life plans.
(…)
In those countries that do not provide for conscientious objector status in their law, the international human rights bodies find that there has been no violation of the right to freedom of thought, conscience or religion.
(…)
100. The Commission is of the view that the failure of the Chilean State to recognize “conscientious objector” status in its domestic law, and the failure to recognize Cristian Daniel Sahli Vera, Claudio Salvador Fabrizzio Basso Miranda and Javier Andres Garate Neidhardt as “conscientious objectors” to compulsory military service, does not constitute an interference with their right to freedom of conscience. The Commission is of the view that the American Convention does not prohibit obligatory military service and that Article 6(3)(b) of the Convention specifically contemplates military service in countries in which conscientious objectors are not recognized. Consequently, the Commission finds no violation by the Chilean State of Article 12 of the American Convention to the detriment of the petitioners in this case.
(…)

Recognition of CO Not recognised