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X v. Federal Republic of Germany, dec., No. 7705/76, ECommHR (Plenary), 5 July 1977

Abstract

Civilian alternative service and total conscientious objection in Germany. 

Normative references

Art. 4 ECHR
Art. 9 ECHR

Ruling

Art. 9 ECHR does not include the right to be exempted from civilian alternative service on religious or conscience grounds. Art. 9 ECHR must be read in conjunction with Art. 4 ECHR. 
(The applicant, a Jehovah's Witness and a conscientious objector, refused to perform the alternative civilian service: for this reason, he was sentenced to serve four months in prison. He was granted a stay of execution, provided that he carried out social work in a hospital or another institution. Unable to find such an agreement; the Court confirmed the penalty of imprisonment). 

Notes

This case was overruled by Bayatyan v. Armenia (2011) and the subsequent case-law.