The Constitution of the Republic of Lithuania establishes that citizens must defend the State, but it also guarantees the right to refuse military service on the grounds of faith, religion, or pacifist beliefs. In such cases, citizens may perform alternative national defence service.
The main lawful ground for refusing military service is religious or pacifist beliefs. The law recognises that a person whose faith or ethical worldview prohibits taking up arms has the right to declare these beliefs in writing and request assignment to alternative service. Such beliefs must be consistent, firm, and convincingly substantiated, and their declaration cannot be temporary or motivated solely by the wish to avoid the obligation.
example In the case Bayatyan v. Armenia, the European Court of Human Rights recognised that refusal to serve for religious reasons must be regarded as part of the right to freedom of religion under Article 9 of the European Convention on Human Rights. This principle is also applicable in Lithuania, ensuring the availability of alternative service.
By contrast, unwillingness or fear to serve is not considered a sufficient basis to refuse military service. Military service by its nature may cause anxiety or stress, but subjective feelings alone have no legal significance unless linked to certified psychological reasons. Psychological conditions are assessed individually – if the medical commission determines that the conscript cannot perform service due to health, they may be exempted.
Living or working abroad is likewise not in itself considered a lawful reason for refusal. Lithuanian citizens remain conscripts regardless of their permanent residence. Only in exceptional cases, where a real and proven obstacle prevents timely arrival, may service be deferred by a separate decision. Conversely, if it is established that a person deliberately emigrated to avoid the draft, such conduct may be treated as evasion of military service.
exception Refusal of service on health or psychological grounds is possible only if supported by the conclusion of a medical commission. Mere subjective feeling or fear is not recognised as a sufficient basis.
Alternative service
A person wishing to refuse military service must submit a written application to the regional division of the Military Service and Conscription Service, stating the reasons for refusal and providing supporting information. Applications are examined by a commission composed of representatives of religious communities, higher education and science institutions, and non-governmental organisations. The commission assesses whether the arguments are substantiated and decides whether the conscript can be assigned to alternative service. If approved, the person serves in state or municipal institutions or agencies, or public benefit non-governmental organisations, performing socially useful work, most often related to social assistance, healthcare, or other civilian functions. The duration of alternative service is 12 months.
If the application is rejected, the conscript must perform military service in the usual manner. Learn how to complain if you disagree with the decision.
Consequences of avoiding military service
Violations of call-up rules may result in administrative liability. This can include a warning or a fine. If a conscript deliberately avoids service or fails to appear in the event of mobilisation, criminal liability may apply.