Human Rights of Armed Forces Personnel
According to the ICCPR, the rights to privacy, to freedom of thought, conscience and
religion or belief, to freedom of expression and to freedom of association and assembly can
be limited where necessary in the interests of a democratic society if the restrictions are
“prescribed by law” and are necessary for protection of the public interests listed below.
Right to privacy is enshrined in Article 17. This provision does not mention grounds for
restrictions. At the same time, possible restrictions should be “lawful” and “non-arbitrary”.120
The latter requirement is “intended to guarantee that even interference provided for by law
should be in accordance with the provisions, aims and objectives of the Covenant”.121 Box 4.3
illustrates the permitted grounds for restrictions in different cases.
Box 4.3 Restrictions under Articles 17-19(2) and 21 of the ICCPR
Permitted
grounds for
restriction
Convention right
Right to privacy
(Article 17)
National security
N/A
Public safety
N/A
Public order
N/A
Protection of health or
morals
Freedom of
thought,
conscience and
religion or belief
(Article 18)
Freedom of
expression (Article
19(2))
✓
Freedom of
assembly and
association
(Article 21)
N/A
✓
✓
✓
✓
✓
✓
✓
✓
✓
Protection of the
rights and freedoms of
others
N/A
✓
✓
✓
Protecting the
reputation of others
N/A
✓
The ECHR – which applies to most OSCE participating States – stipulates that, in a
democratic society, the rights to privacy, to freedom of thought, conscience and religion
or belief to the freedom of expression and to freedom of association and assembly can be
limited, where necessary, in the interests of a democratic society if the restrictions are “in
accordance with law” and in pursuit of one or more legitimate aims. However, the ECHR sets
minimum standards for legal restrictions on the rights of service personnel, and different
permitted restrictions apply in each case, as Box 4.4 below shows.
64
120
ICCPR, op. cit., note 16, Article 17.
121
UN Human Rights Committee (HRC), CCPR General Comment No. 16: Article 17 (Right to Privacy), “The Right
to Respect of Privacy, Family, Home and Correspondence, and Protection of Honour and Reputation”, 8
April 1988, para 4, https://www.refworld.org/docid/453883f922.html.
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