Human Rights of Armed Forces Personnel
Before recourse is made to an international body, however, a person complaining of a human
rights violation must usually first exhaust the available domestic remedies.66 This principle
emphasizes two issues: the importance of national institutions in providing redress, and that
international courts and other institutions are the second line of defence against violations
of human rights. The rule requiring the exhaustion of domestic remedies also points to the
importance of domestic constitutional and legislative protections for the human rights
of armed forces members.67 Box 3.3 provides an overview of the compliance mechanisms
established by some of the key treaties.
Box 3.3: Human rights compliance mechanisms
Establishing an
expert committee
ICCPR
ICESCR
CEDAW
ICERD
CRC
Article 28
ECOSOC68
Article 17
Article 8
Article 43
Establishing a
court
ESC
ILO
CAT
Article 25
Resolution
192669
Article
17
Articles
21-24
Article 19
of the ILO
Constitution
Article
19
Articles
26-34 of
the ILO
Constitution
Article
21
Article 19
Reporting by
states
Article 40
Reference by other
states
Article 41
Individual
communications
Optional
Protocol
170
Article 16
Optional
Protocol71
Article 18
Optional
Protocol72
Collective
complaints
50
ECHR
Article 9
Article 44
Article 11
Article 33
Article 14
Article 34
Article
22
Additional
Protocol73
66
For example, ECHR, op. cit., note 24, Art. 35(1).
67
See “Chapter 4: National Protections for the Human Rights of Armed Forces Personnel” of this compendium.
68
The Committee on Economic, Social and Cultural Rights was established by the UN Economic and Social
Council (ECOSOC), Resolution 1985/17, 28 May 1985.
69
ILO, “Resolution Concerning the Methods by Which the Conference Can Make Use of the Reports Submitted Under Article 408 of the Treaty of Versailles, Submitted by the Committee on Article 408”, adopted at
the ILO Conference’s 8th session, 1926.
70
UN General Assembly, “Optional Protocol to the International Covenant on Civil and Political Rights”, 19
December 1966 (entered into force 23 March 1976), UN, Treaty Series, vol. 999, p. 171.
71
UN General Assembly, “Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights”, 5 March 2009 (entered into force 5 May 2013), A/RES/63/117.
72
UN General Assembly, “Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women”, 6 October 1999 (entered into force 20 December 2000), UN, Treaty Series, vol. 2131, p.
83.
73
Council of Europe, “Additional Protocol to the European Social Charter providing for a System of Collective
Complaints”, 9 November 1995 (entered into force 1 July 1998), ETS No. 158.
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