Services Exacted Instead of Compulsory Military Service: The Structure of the “Prohibition of Forced or Compulsory Labour” according to Article 4(2) of the ECHR Christoph Bezemek * Associate Professor of Law at the Institute of Austrian and European Public Law, WU Austria; Community service; Forced labour; Treaty interpretation Abstract Academic writing on the prohibition of “forced or compulsory labour” according to art.4(2) of the ECHR is scarce; a fact which may well indicate that this provision does not pose major problems, either for scholars or in practice. Such an assessment would prove to be naïve. This article provides a closer look at the provision and reveals a structure in need of further analysis. The author examines the case-law on art.4 of the ECHR and concludes that the common academic approach to art.4 and how its sub-sections inter-related, are based on a misconception. I. Introduction A. The Austrian way When in January 2013 the Austrian voters were asked to decide whether to retain compulsory military service (and accordingly alternative civilian service) for able-bodied adult males or to abolish it in favour of a system combining a professional army with voluntary civilian service, the result was an unambiguous one: almost 60 per cent of the participants opted to preserve the status quo. 1 However, poll numbers circulating some time before the referendum for a different option in case compulsory military service should be abolished were even more clear-cut, albeit in the opposite direction. According to a survey published in 2010, 83 per cent of the respondents were in favour of abandoning compulsory military service if compulsory civilian service was introduced. 2 An unsurprising result, taking into account the important role that civilian service has in sustaining health care, patient care and transport in Austria. To introduce compulsory civilian service while abolishing compulsory military service seemed the logical choice to make for an ageing society surrounded by friendly nations. Still, to include this option in the 2013 referendum was never prominently discussed. One important reason for that was to be found in widespread doubts about whether compulsory civilian service was to * This article is based on a lecture given at the University of Graz in May 2013. The author would like to thank the audience for a lively discussion and most valuable input. Many thanks also to Gisela Kristoferitsch and Malina Willgruber for their research assistance and, as so often, to Claudia Fuchs, Michael Holoubek and Andreas Th. Müller for their willingness to discuss those aspects of the article they thought to be particularly questionable. The usual disclaimer applies. 1 See the official webpage of the Ministry of the Interior on the referendum http://vb2013.bmi.gv.at/ [Accessed May 27, 2014]. 2 See http://www.ots.at/presseaussendung/OTS_20100710_OTS0014/profil-mehrheit-wuerde-auch-frauen-zum-sozialdienst-schicken [Accessed May 27, 2014]. 263 [2014] E.H.R.L.R., Issue 3 © 2014 Thomson Reuters (Professional) UK Limited and Contributors