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What it is

How to become a conscientious objector and do substitute social service

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 30 May 1996. Introduced by: Grupo Parlamentario Catalán (Convergència i Unió).

Official title: Private member's bill regulating conscientious objection and alternative social service.

Follow this law

Source: Congreso de los Diputados, file 122/000024· updated 11 Nov

Automatic summary, not yet reviewed

  1. Spaniards subject to military obligations who are recognized as conscientious objectors for religious, ethical, moral, humanitarian or philosophical reasons are exempt from military service and must instead perform substitute social service. The application can be filed until the date set for joining military service, or afterwards while in the reserve.
  2. The National Council on Conscientious Objection decides on applications and may not assess the reasons given. It must decide within three months and, if it does not, the application is deemed approved.
  3. The substitute service consists of public utility activities that do not involve weapons or any connection with the military, in areas such as social services, the environment, education, health or civil protection. It is performed preferably in the autonomous community of residence and, where possible, in the person's own municipality.
  4. The substitute service has three stages: availability (up to three years), active duty (same length as regular military service) and reserve. During active duty, objectors receive the same pay as soldiers and keep their job reserved.
  5. The Council has seven members, including a judge as chair, members from the Justice and Defense ministries, a representative of objectors, one from the main trade unions and one from volunteering organizations. It can credit volunteer service toward the substitute service.
  6. Offenses during the substitute service are classified as serious or minor, with penalties ranging from a personal warning to extending the service by up to three months.

Who it affects

  • Young people called up for mandatory military service with conscientious objections: They can apply to be recognized as objectors and perform public utility service instead.
  • Nonprofit associations and organizations: They can host objectors performing the substitute service, once agreed or authorized.
  • Autonomous communities: They can sign agreements to cooperate in managing and inspecting the substitute service.
  • National Council on Conscientious Objection: It recognizes objector status, credits volunteer service and oversees how the law is applied.

Words worth knowing

Objeción de conciencia (conscientious objection)
The right to refuse military service for religious, ethical, moral, humanitarian or philosophical convictions.
Prestación social sustitutoria (substitute social service)
Public utility activities performed instead of military service.
Situación de reserva (reserve status)
The period after the substitute service or military service during which the government may recall the person in cases provided by law.
Vía administrativa (administrative route)
Decisions made within the public administration; once exhausted, the only option left is going to court.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced30 May 1996Someone registers the text in the Congreso.
  2. Admitted4 June 1996The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments13 December 1996Groups propose changes.
  4. Committee12 March 1997A committee goes through the text in detail.
  5. Plenary23 April 1998All 350 deputies vote.
  6. Senate30 April 1998The Senate can pass it, amend it or veto it.
  7. BOE18 June 1998It is published in the Official State Gazette (BOE) and comes into force.
See the 13 official steps on a timeline
Jun 1996Sept 1996Dec 1996Mar 1997Jun 1997Sept 1997Dec 1997Mar 199811. 30 May 1996: Presentación22. 4 June 1996: Boletín Oficial de las Cortes Generales Publicación desde 04/06/1996 hasta 10/06/199633. 4 June 1996: Calificación44. 10 June 1996: Gobierno Contestación desde 10/06/1996 hasta 17/09/199655. 17 September 1996: Pleno Toma en consideración desde 17/09/1996 hasta 26/11/199666. 26 November 1996: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 26/11/1996 hasta 10/12/199677. 10 December 1996: Comisión Constitucional Publicación desde 10/12/1996 hasta 13/12/199688. 13 December 1996: Comisión Constitucional Enmiendas desde 13/12/1996 hasta 12/03/199799. 12 March 1997: Comisión Constitucional Informe desde 12/03/1997 hasta 31/03/19981010. 31 March 1998: Comisión Constitucional Dictamen desde 31/03/1998 hasta 23/04/19981111. 23 April 1998: Pleno Aprobación desde 23/04/1998 hasta 30/04/19981212. 30 April 1998: Senado desde 30/04/1998 hasta 18/06/19981313. 18 June 1998: Concluido - (Aprobado con modificaciones) desde 18/06/1998 hasta 21/07/1998

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Presented before in:

Published in the BOE: Law 22/1998, of July 6, regulating Conscientious Objection and Substitute Social Service.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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