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Conscientious objectors seeking asylum: a comparative perspective

Conscientious objectors seeking asylum: a comparative perspective

Çɪnar, Özgür H. (2020) Conscientious objectors seeking asylum: a comparative perspective. The International Journal of Human Rights, 25 (2). pp. 179-202. ISSN 1364-2987 (Print), 1744-053X (Online) (doi:https://doi.org/10.1080/13642987.2020.1747442)

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Abstract

The right to conscientious objection to military service has been a focus of interest in international human rights law for a long time. Indeed, since the 1950s both non-governmental and inter-governmental organisations have addressed the topic in a variety of contexts. This article will explore whether the right to conscientious objection is accepted as grounds for asylum in international law. In addition, it will carry out an examination of national law by focusing on domestic case-law. The article will seek an answer to the following question: should conscientious objectors have the option to seek asylum in another country? If so, what criteria should they meet? In asylum cases, are states’ attitudes to the right to conscientious objection undergoing any change? Does the domestic practice in asylum cases give priority to political/diplomatic considerations or conscientious objectors’ violated conscience?

Item Type: Article
Uncontrolled Keywords: conscientious objection, military service, human rights law, refugee law, national law
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 19 Aug 2021 08:32
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None
URI: http://gala.gre.ac.uk/id/eprint/27939

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