JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law:

EXPLANATORY STATEMENT

Article 30 of the Spanish Constitution establishes the obligation to regulate, with due guarantees, the objection of conscience. The exercise of the right of conscientious objection introduces an exemption from the compliance of the compulsory military service based on a conviction of religious, ethical, moral, humanitarian, philosophical or other of the same nature. It is therefore the incompatibility between the military activities and the convictions of the citizen, and not the nature of these convictions, which justifies the exemption of military service, an exemption which, in order to avoid discrimination between citizens in reason for their beliefs and ideologies, entails the obligation to comply with a replacement social benefit.

The application of Law 48/1984, of December 26, regulating the Objection of Consciousness and Social Replacement, has evidenced some inadequacies and limitations, which, united to criticism from various sectors of the youth, motivate the development of a new legal text, in order to guarantee the exercise of the constitutional right of conscientious objection and to improve, at the same time, the conditions of fulfillment of the social benefit replacement.

To this end, this Law will equip the duration of the period of activity of the replacement social benefit and the military service, establishing, in turn, in three years the waiting time between the recognition of the objector condition and the start of the activity period.

On the other hand, the composition of the National Council for the Objection of Conscience is expanded, including a Vocal on the proposal of the most representative trade unions and a representative of the voluntary organizations, all It is considered that the responsibility of the agency is to validate voluntary services as a substitute social benefit, in compliance with the provisions of Law 6/1996 of 15 January of the Volunteering.

In turn, it is reduced to three months the time when the National Council for Awareness Objection must resolve requests for recognition of the objector condition.

It is also new in this Law that the possibility that, through the conclusion of agreements, will be deepened in the collaboration of the Autonomous Communities in the management and inspection of the replacement social benefit.

i would like to thank the President-in-office of the Council for his work, and I would like to thank the President-in-office of the Council for his work on this report. Constitutional rights are compatible with this process.

Article 1.

1. The right of conscientious objection recognized in Article 30 of the Constitution shall be exercised in accordance with the provisions of this Law.

2. The Spanish subject to military obligations which, for reasons of conscience due to a conviction of religious, ethical, moral, humanitarian, philosophical or other of the same nature, are recognized as objectors of conscience will remain Exempt from military service, a replacement social benefit must be carried out instead.

3. The application for recognition of a conscientious objector may be submitted to the date indicated by the Ministry of Defence for incorporation into the military service, or after it has been completed, as long as the reserve situation remains.

4. Recognition of the condition of conscientious objector shall be the competence of the National Council of Objection of Consciousness in accordance with the provisions of this Law.

Article 2.

1. Requests for recognition of the condition of conscientious objector, addressed to the National Council for the Objection of Consciousness, may be filed with the same or in any of the offices indicated in the regulatory regulations of the procedure. common administrative.

2. The submission of the application for recognition of the condition of conscientious objector, where it occurs at least one day before the date of incorporation into the military service, shall suspend such incorporation in the form which It shall be determined, until such time as the National Council for the Objection of Conscience or, where appropriate, the relevant courts.

Article 3.

In the application for recognition of the condition of objector, the personal data and the military situation of the person concerned shall be recorded, specifying the recruitment body to which it is attached, or the City Council or Consular Office in which it is required to register, as well as the grounds of conscience in accordance with Article 1.2 of this Law.

They will also be able to manifest preferences for the effective realization of the replacement social benefit.

Article 4.

1. The National Council of Objection of Conscience shall decide on the origin or the origin of the recognition of the condition of objector, taken care of the terms of the application, not being able, in any case, to assess the grounds alleged by the applicant. The decision to terminate the administrative procedure and against it may be brought before the administrative court.

2. The deadline for resolving recognition applications will be three months. After that time limit without a resolution, the application shall be deemed to be estimated.

Article 5.

The National Council for the Objection of Consciousness shall communicate to the Ministry of Defense, in the manner that it is regulated, both the requests and the resolutions concerning the recognition of the condition of objector.

Article 6.

1. Recognised conscientious objectors shall be exempt from military service and must perform a replacement social benefit consisting in the development of public utility activities which do not require the use of weapons or relate to the military institution.

The replacement social benefit may be fully or partially validated in accordance with the provisions of Law 6/1996 of 15 January 1996 on Volunteering.

2. The sectors in which this benefit may be developed shall be as follows:

(a) Social services and, in particular, those affecting Community or family action, protection of minors or adolescents, third age, persons with physical, mental and sensory disabilities, ethnic minorities, prevention of crime, social reintegration of alcoholics, drug addicts and ex-prisoners and promotion of healthy habits of conduct.

b) Social services for peace, and in particular aid to refugees and the protection of human rights.

c) Programs of international cooperation.

d) Conservation of the environment, improvement of rural environment and protection of nature.

e) Education and culture and, in particular, cultural promotion, literacy, libraries and partnerships.

f) Education at leisure.

g) Civil protection.

h) Healthcare services.

i) Any other activities, services or works of an analogous nature that are of general interest.

3. Activities carried out in compliance with the social provision should not have a negative impact on the labour market.

Article 7.

The benefit will be made in previously agreed non-governmental associations or entities, as well as in entities dependent on public administrations that have been authorized in the manner prescribed. Non-governmental entities where the social provision is made will not be able to have lucrative purposes, they should serve the general interest of society and the sectors most in need. The objectors shall preferably perform the social benefit in the Autonomous Community where they reside and, wherever possible, in their own municipality and in the entity or programme of their choice.

Article 8.

1. The replacement social benefit scheme covers situations of availability, activity and reservation.

The availability situation comprises since the applicant obtains the legal consideration of objector until it initiates the activity situation.

The maximum duration of the availability situation will be three years.

Elapsed without the objector having initiated the situation of activity for reasons not attributable to it, it will go directly to the situation of reservation.

The effects of this precept shall not be computed for the periods enjoyed by the objector of any kind.

2. The duration of the activity situation shall be the same as that fixed for the military service in rows.

3. After the end of the period of activity of the social benefit, the situation of reservation will be passed. The objectors who have submitted their application during the reserve status of the military service will also be subject to this situation.

The reserve situation shall begin on the day following the end of the activity situation and shall extend until 31 December of the third year following the end of the replacement social provision of the military service.

In the reserve situation, the government will be able to agree to the reinstatement of the objectors in the cases provided for in the regulations on military service and national mobilization, in order to carry out protection activities and civil defense.

Article 9.

Postponements and exemptions from the social provision will be regulated in the Regulation that will develop this Law so that this provision is equated in these matters with the military service. The incorporation into the social provision of voluntary services may also be deferred in such a way as to be determined by regulation.

Article 10.

The activity situation begins when, issued the order of incorporation to perform the social benefit in an activity position, the effective incorporation of the objector of conscience to the same one occurs and will end when comply with the set duration time.

In the situation of activity, the objector shall carry out the activities of the replacement social benefit in a regime similar to that established for the military service.

Conscientious objectors in activity will be entitled to the same assets as the soldiers in the ranks and the equivalent of health and social security. They shall also be entitled to equivalent accommodation, maintenance, clothing and transport, only in cases where it is necessary for the fulfilment of the social provision.

They will be entitled, in particular, to the reserve of the job they occupied until the time of their incorporation, whether they are public officials, or whether the labor legislation is applicable to them.

You will enjoy how many facilities and rights are recognized for educational purposes to those who provide the military service and all rights that as civilians correspond to them.

When the needs of the service permit, the compatibility of the social benefit with the performance of studies will be sought.

Article 11.

When the social benefit is an activity that requires special knowledge or preparation, the objector, when necessary, must follow a training course, whose duration will be computed within the time total service delivery.

Article 12.

1. The management and inspection of the replacement social benefit scheme is the responsibility of the Ministry of Justice in the manner in which it is determined to be regulated.

2. The Ministry of Justice and the Autonomous Communities may conclude agreements in order to enable them to cooperate in the management and inspection of social provision.

The powers of the National Council for the Objection of Consciousness, or those linked to military classification or reservation, may not be the subject of an agreement.

The management and inspection of the social benefit programs dependent on the State Administration and those whose territorial scope exceeds that of the Autonomous Community may not be the subject of a convention.

In any case, the Ministry of Justice shall be responsible for interterritorial coordination and the management of procedures relating to objectors residing abroad.

The agreements must specify, in a clear and precise manner, the powers assumed by the Autonomous Community, as well as the instruments of collaboration to be determined in economic matters, coordination, mutual information and mutual assistance.

3. At least twice a year, meetings shall be held between representatives of the Ministry of Justice and those Autonomous Communities who have signed the conventions referred to in this provision, for the purposes of coordination, mutual information and mutual assistance.

Article 13.

The National Council for the Objection of Consciousness, under the Ministry of Justice, will adopt its decisions by a majority and will consist of:

(a) A member of the Judicial Race, with a category of Magistrate, who will perform the duties of President and will be appointed by the Government, on a proposal from the Minister of Justice, heard by the General Council of the Judiciary.

b) A Vocal appointed by the Ministry of Justice.

c) A Vocal appointed by the Ministry of Defense.

d) A Vocal chosen among the conscientious objectors who have overcome the activity situation, on the proposal of legally recognized objectors ' associations.

e) A Vocal on the proposal of the most representative trade unions.

f) A Vocal appointed by the Ministry of Labour and Social Affairs representative of the voluntary entities.

g) A Vocal, who will act as the Secretary of the Council, appointed by the Ministry of Justice.

The procedure for the designation of the Vocals will be determined regulatively.

Article 14.

Corresponds to the National Council for Objection of Consciousness:

1. Resolve conscientious objection requests and issue legal objector certification.

2. To raise the Government, through the Ministry of Justice, and the General Courts by means of the Ministry of Justice, regular reports on the practical application of the social benefit system, and to propose the modification, where appropriate, of the applicable rules.

3. Know in the field of your competence the requests or claims that the conscientious objectors eventually present.

4. To issue the reports requested by the Ministry of Justice or the Autonomous Communities on the matters of their competence.

5. To validate all or part of the time provided as a volunteer, for the duration of the replacement social benefit that corresponds proportionally, provided that the requirements are met legally and regulatively.

6. Other functions that are legally and regulatively assigned to you.

Article 15.

The Ministry of Justice will provide the National Council for the Objection of Awareness of Personal Media and Accurate Materials for the proper development of their functions.

Article 16.

Conscientious objectors, during the activity situation, will be subject to the duty of respect and obedience to those responsible for the replacement social benefit and to those of the entities and organizations where it is perform.

Article 17.

1. The infringements shall be sanctioned in accordance with the provisions of this Law.

2. These are serious violations:

(a) The manifest lack of respect and mistreatment, of words or work, to those who address social benefits and to colleagues.

(b) The manifest individual or collective insubordination to those who run the services in which the objectors or the competent authorities, officials or bodies give their activity.

(c) Voluntary destruction, subtraction or disposal of materials, equipment or garments that are entrusted to the objector.

d) The inebriation or use of toxic drugs, narcotic drugs or psychotropic substances during the service or when adversely affecting the development of the activity.

e) Failure to comply with the system of dedication to social provision.

f) Serious negligence in the preservation or maintenance of equipment and clothing equipment.

(g) Unassisted or unjustified abandonment, in excess of seventy-two hours and less than twenty consecutive or thirty consecutive days, of the activity in which the social benefit consists.

h) The delay in incorporation to the ordered activity post, for more than three days and up to one month.

3. They are minor infractions:

(a) Unassisted or unjustified abandonment for a period of not more than seventy-two hours of the activity in which the social provision consists.

b) The delay in incorporation to the post of ordered activity for no longer than three days.

c) Mild negligence in the preservation or maintenance of equipment and clothing equipment.

Article 18.

1. The infringements provided for in Article 17 correspond to the following penalties:

a) Personal assembly, made by the person responsible for the social provision.

b) Loss of a month's remuneration.

c) Assignment to another service.

(d) Prolongation, for a maximum period of three months, of the replacement social benefit.

2. The jurisdiction to exercise disciplinary authority shall be established as well as the sanctioning procedure, while respecting, in any case, the rights of the defendant, in particular the rights of the hearing and the defence. For the purposes of the graduation of the penalties in serious or minor terms, the criteria of intentionality, disturbance of the service and recidivism shall be taken into account, and in no case shall the penalty provided for in paragraph (d) of the previous number.

Additional disposition first.

The government will make, under the relevant budget section, the necessary credit modifications for the development of the agreements referred to in Article 12, in order to provide the Autonomous Communities with the appropriate means to the functions and services specified in the relevant conventions.

Additional provision second.

The public administrations, in the same way as they do with respect to military obligations, must guarantee the information and publicity of the right to conscientious objection and the modalities for exercising it, and for This should establish permanent information systems.

Additional provision third.

In time of war, a specific legal regime of the replacement social benefit shall be established on the basis of the special circumstances that are present at that time.

Additional provision fourth.

This Law will extend its effects as a subsidiary of compulsory military service.

First transient disposition.

Until the constitution of the National Council for the Objection of Consciousness in the manner prevented in this Law, the present National Council of Objection of Consciousness will continue to be committed.

Second transient disposition.

The legal status of the replacement social provision, provided for in this Law, will apply to conscientious objectors who, having been recognised as such prior to their entry into force, have or have not Compliance with the social provision has been completed.

Single repeal provision.

Law 48/1984 of 26 December, regulating the Objection of Conscience and the Social Replacement, as well as all provisions of equal or lower rank, is repealed. Law.

Single end disposition.

The Government, within three months of the entry into force of this Law, shall establish how many provisions are necessary for the enforcement and enforcement of this Law.

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Law.

Given in Madrid to July 6, 1998.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ