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THE RIGHT TO CONSCIENTIOUS OBJECTION IN SPAIN
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ABSTRACT: Motion for a resolution tabled by Roelants du Vivier and Cicciomessere to the European Parliament on 11th February 1985, on respect by the spanish state for the right to conscientious objection.(doc. é 1624/84)
The European Parliament
A. alarmed by the imminent entry into force in Spain of new legislation on conscientious objection which in several instances does not respect the fundamental right to conscientious objection
which Parliament itself upheld in its resolution of 7 February 1983,
B. whereas this Spanish legislation stipulates that the right to conscientious objection may not be exercised after a person has entered military service,and whereas the said resolution of 7 February 1983 notes that protection of freedom of conscience implies at all times the right to withdraw from military service on grounds of conscience,
C. whereas,moreover ,this Spanish legislation systematically provides for the intervention of a special commission to judge the grounds for conscientious objection,and whereas the said resolution of 7 February 1983 notes that a declaration setting out the individual's motives must suffice in the vast majority of cases to secure the status of conscientious objector,
D. whereas,furthermore,the Spanish legislation establishes an arbitrary distinction between the length of military service and the duration of alternative community service,and whereas the said resolution of 7 February 1983 stresses that the performance of alternative service may not be regarded as a sanction and that
the duration of this alternative service should not exceed the period of normal military service,
1. Reminds the Spanish State,which has applied for accession to the European Communities,that the right to conscientious objection is one of the fundamental rights to which all the
European institutions attach prime importance;
2. Calls on the Spanish State to revise its new legislation on
conscientious objection,taking into account the principles set out,in particular in the resolution adopted by the European
Parliament on 7 February 1983;
3. Instructs its President to forward this resolution to the responsible Spanish authorities and to all the Community institutions concerned.
The European Parliament
A. alarmed by the imminent entry into force in Spain of new legislation on conscientious objection which in several instances does not respect the fundamental right to conscientious objection
which Parliament itself upheld in its resolution of 7 February 1983,
B. whereas this Spanish legislation stipulates that the right to conscientious objection may not be exercised after a person has entered military service,and whereas the said resolution of 7 February 1983 notes that protection of freedom of conscience implies at all times the right to withdraw from military service on grounds of conscience,
C. whereas,moreover ,this Spanish legislation systematically provides for the intervention of a special commission to judge the grounds for conscientious objection,and whereas the said resolution of 7 February 1983 notes that a declaration setting out the individual's motives must suffice in the vast majority of cases to secure the status of conscientious objector,
D. whereas,furthermore,the Spanish legislation establishes an arbitrary distinction between the length of military service and the duration of alternative community service,and whereas the said resolution of 7 February 1983 stresses that the performance of alternative service may not be regarded as a sanction and that
the duration of this alternative service should not exceed the period of normal military service,
1. Reminds the Spanish State,which has applied for accession to the European Communities,that the right to conscientious objection is one of the fundamental rights to which all the
European institutions attach prime importance;
2. Calls on the Spanish State to revise its new legislation on
conscientious objection,taking into account the principles set out,in particular in the resolution adopted by the European
Parliament on 7 February 1983;
3. Instructs its President to forward this resolution to the responsible Spanish authorities and to all the Community institutions concerned.
