Міжнародні та конституційні засади права людини на альтернативну (невійськову) службу

The article analyzes the principles of human and civil rights under international and constitutional law. The author examines the international legal norms and principles which make it possible to identify legally significant circumstances characterizing the legal concept of “alternative (non-military) civilian service”. The author notes that the basis for ensuring the human right to replace military service with alternative civilian service at the national level is provided by international law. Based on the analysis of existing international agreements and treaties used to regulate relations related to alternative (non-military) civilian service, the author distinguishes two groups of international treaties in this area. The first group includes international legal treaties of a universal nature that define relations in the field of protection of human rights and freedoms, and the realization of freedom of conscience and freedom of religion. These normative acts enshrine the obligation of the state to ensure the observance of the rights of people to freedom of conscience and freedom of religion. The second group of international legal acts in force in this area consists of international legal acts of a special nature that define the issue of alternative civilian service. The author establishes that the right to alternative (non-military) service is considered by the sources of international law in the context of guarantees of freedom of thought, conscience and religion, which are implemented in national legislation. Implementing international obligations regarding the need to implement at the domestic level the relevant provisions of international legal acts directly related to the right to alternative (non-military) service, i.e., recognition, legalization, guaranteeing of implementation, as well as protection and defense of such a human right by the State and its institutions, a number of States, including Ukraine, have expanded the relevant “catalog” of human and civil rights and freedoms by enshrining such a right at the constitutional level. The study concludes that the right to conscientious objection to military service is the most important component of the right to freedom of thought, conscience and religion, as formulated in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms. This is also affirmed in resolutions and recommendations adopted by the UN Commission on Human Rights, the UN Human Rights Committee, the Council of Europe and the European Parliament.