Logo law and pluralism
Logo Università Bicocca

Conscientious objectors v. Denmark, dec., No. 7565/76, ECommHR (Plenary), 7 March 1977

Abstract

Conscientious objection and military service in Denmark. Wage inequality. 

Normative references

Art. 9 ECHR 
Art. 14 ECHR 

Ruling

1. The right of conscientious objection is not included among the rights and freedoms guaranteed by the Convention. 

2. The discrimination, submitted by the applicants, does not concern the enjoyment of any of the rights and freedoms set forth in the Convention and no issue arises under Art. 14 ECHR.
(The applicants complained of being victims of a discrimination: the Danish legislation gave to conscientious objectors a lower wage than to those people performing the compulsory military service). 

Notes

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