Council of Europe finds lack of provision for conscientious objection in Irish Defence Forces not in violation of European Social Charter
A complaint that was brought before the European Committee of Social Rights, arguing that the rights of Irish Defence Force members were being breached as Irish law did not provide for the right to seek discharge for conscientious objection. The Committee dismissed the claim and held that the rights of Irish Defence Force members are protected by the European Social Charter.
The claim, brought by PDForra, an organisation that represents 6,500 personnel, and lodged through the European Organisation of Military Associations and Trade Unions (Euromil), sought to have the right of Irish Defence Force members to ask for discharge on the basis of conscientious objection recognised by the Irish State.
It was argued that the lack of legal provisions allowing for discharge for conscientious objection in Ireland was in breach of the European Social Charter. While several other EU states do recognise and allow for discharge solely on the basis of conscientious objection, Ireland does not allow it.
European Committee of Social Rights held that Article F of the charter allowed States to derogate from its obligations in time of war or public emergency. The Committee found that “having regard to the fact that the restriction imposed on discharge from the Defence Forces during a period of emergency is prescribed by law with sufficient clarity, that it pursues a legitimate aim and can be deemed to be necessary in a democratic society for reasons of national security” and therefore did not violate the charter.
The European Committee of Social Rights also stated that while the 90 day notice that applies before a discharge is effective is long it is not regarded as excessive. It also noted that 90 days was the maximum time period that could be imposed and that shorter periods could also be possible.
While PDForra accepted the ruling of the European Committee of Social Rights, it did state that it still has concerns that Irish personnel cannot register as conscientious objectors.