Inter-American Human Rights Law

The Inter-American human rights system appears to be inconsistent in its recognition of the right to conscientious objection. The first conscientious objector case decided under the Inter-American system occurred in March 2005. The Inter-American Commission on Human Rights stated that international human rights jurisprudence recognises the status of conscientious objectors only in countries recognising such status in their national laws. This statement exactly contradicts the statement of the Inter-American Commission on Human Rights of 1997 which invited the Member States not recognising the system of conscientious objection and alternative service to review their legal systems. The Commission's attitude towards narrower interpretations of the right to conscientious objection is not in line with the recent development of this right before the United Nations and the European human rights institutions. It is hoped that the Inter-American human rights system will recognise the right to conscientious objection to military service in accordance with the development of the other international human rights institutions.