Quimbee logo
DMCA.com Protection Status

Bayatyan v. Armenia

App. No. 23459/03 (2011)

Case BriefRelatedOptions
From our private database of 32,200+ case briefs...

Bayatyan v. Armenia

European Court of Human Rights

App. No. 23459/03 (2011)

Facts

Vahan Bayatyan (plaintiff) was drafted into the Armenian army at age 17. As a Jehovah’s Witness, Bayatyan opposed war and therefore sought to avoid military service as a conscientious objector and instead fulfill his duty via alternative civilian service. However, the Armenian authorities told Bayatyan that no alternative service existed under Armenian law and that Bayatyan was required to report for service. Bayatyan refused and was subsequently arrested and sentenced to prison for his refusal. Armenia was one of the few nations that were parties (the party nations) to the European Convention on Human Rights (the convention) that did not recognize and provide alternative service for conscientious objectors. Bayatyan eventually filed an application in the European Court of Human Rights’ Grand Chamber, arguing that the Armenian government (defendant) had violated Article 9 of the convention, which provides, in part, that everyone has the right to freely exercise and manifest their religion. The Armenian government argued that, according to established precedent, Article 9 was qualified by Article 4, which dealt with compulsory military service, and therefore did not require party nations to recognize conscientious objectors.

Rule of Law

Issue

Holding and Reasoning (Costa, C.J.)

Dissent (Gyulumyan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 585,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 585,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 32,200 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 585,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 32,200 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership