Conscientious objection as a basis for refugee status: protection for the fundamental right of freedom of thought, conscience and religion

摘要

It is beyond dispute that sovereign nations have the right to raise and maintain armies. This right may come in conflict with the right to conscientious objection, which has increasingly been recognized as a legitimate exercise of freedom of thought, conscience and religion. Individuals who face mandatory military service in contravention of their deep moral convictions, may flee their home countries, and seek refugee status abroad as a solution. Their recognition as refugees depends on a broad constellation of factors, including the particular basis for their refusal to serve, the nature of the military conflict itself, and the degree to which the State in which they seek asylum follows the guidance of the United Nations High Commissioner for Refugees (UNHCR) on the issue of draft evasion and desertion as a basis for protection.