The implications of International Human Rights Law on National Legislation regarding Total Conscientious Objection: A Legal Case Study of Finland

Finland is one of the few European countries that have mandatory conscription. Conscription is mandatory for all males with a Finnish citizenship from the year they turn 18. The obligation to contribute to national defense may be satisfied through either performing a military service or an alternative service. Those who refuse to perform either of the two are by law sentenced to imprisonment. At refusal, the conscripts become total conscientious objectors. The present thesis will explore some of the legal issues regarding the treatment of Finnish total conscientious objectors. Finland has received international criticism for the imprisonment of total conscientious objectors. By applying a dualist theory and a legal method, the present study explores the possible violation of International Human Rights Law within Finland's national legal system. Furthermore, this thesis aims to fill in a research gap created by a 2019 law reform. The study concludes that Finland is violating the International Human Rights Law due to the alternative service having military characteristics and being punitive and deterrent in nature