Abstract:

Conscientious objection is a newand highly controversial issue in human rights law. Broadly conscientious objection is to disobey the obligations that are required by the positive law in accordance with one's religious beliefs or conscientious convictions. in a limited sense, it is an antimilitarist action of civil disobedience performed against obligatory military practices. As an alternative for obligatory military practices, public services are offered in terms of conscientious objection. There is currently no convention on human rights, which directly recognizes the right of conscientious objection and to which Turkey is a party. Both obligatory military practices and alternative public service practices are rendered possible in Article 72 with the side title "military service" of the Constitutional Law of 1982. This issue is completely left to the discretion of the legislative body. Military service is obligatory in legal terms in Turkish Law. No public services have been offered as an alternative to the obligatory military service. To evade obligatory military service or disinclining people from military services is denominated as crime by law. In this paper, the issue of conscientious objection in Turkish Law is reassessed in terms of Constitutional Lawand its legal basis, and within the framework of civil jurisdictions.

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