Compendium of Standards, Good Practices and Recommendations
States. While a geographically representative approach across the OSCE regionwas the
aim, the compendium relied, to some degree, on participating States’ responses to ODIHR’s
survey, as well as accessible case information.
The Importance of Human Rights of Armed Forces
Personnel
The “citizen in uniform” approach implies that armed forces personnel, whether professional
or conscripted, are entitled to the same rights and protections as all other persons, subject
to certain limitations imposed by military service. Indeed, respect for human rights and
fundamental freedoms for all, including armed forces personnel, is part of the OSCE’s
comprehensive concept of security, which links the maintenance of peace to respect for
human rights and fundamental freedoms.3
Nevertheless, in some states, members of the armed forces, and in particular conscripted
soldiers, are subjected to abuse, brutality, bullying, harassment, violence, ill-treatment,
torture and other unlawful practices. Such practices can lead to serious accidents, injuries,
disabilities, death or suicide. Unfortunately, these practices may be institutionalized as part
of a wider military culture that is characterized by impunity for perpetrators and disrespect
for the dignity of human beings.
The constitutions or laws of some states disproportionately restrict service personnel’s
enjoyment of their human rights. For example, in many states, armed forces personnel
are not allowed to fully exercise their rights to freedom of expression and freedom of
assembly (see “Chapter 5: Civil and Political Rights” and “Chapter 6: Freedom of Expression”).
Consequently, armed forces personnel may be hindered from speaking for themselves or
voicing concern about cases of human rights violations. As this situation can be exacerbated
by the closed nature of military institutions, it is important for governments to ensure that
human rights are protected in the barracks.
Human rights are conceptually indivisible and an entitlement of being human. Indeed, the
exercise of some human rights cannot be limited at all.4 However, the exercise of other
3
Principle 2 of the OSCE Code of Conduct on Politico-Military Aspects of Security, states: “The participating
States confirm the continuing validity of their comprehensive concept of security, as initiated in the Final
Act, which relates the maintenance of peace to the respect for human rights and fundamental freedoms.”;
See: Title VII of the Code of Conduct, discussed in greater detail in “Chapter 2: OSCE Commitments”.
4
These include the right not to be tortured or treated in an inhuman or degrading way; prohibition of
slavery; prohibition of medical or scientific experimentation without consent; prohibition of imprisonment
on the grounds of the inability to fulfil a contractual obligation; prohibition against the retrospective
operation of criminal laws; and the right to be recognized as a person before the law. While parts of the
freedom of thought, conscience and religion, and of the right to life are also considered absolute rights,
some restrictions to these rights apply. For example, manifestation of religion may be limited, and persons
right to life is not breached if, for example, a public authority uses necessary and proportionate force to
stop a person from carrying out unlawful violence. For more information on reservations, derogations and
limitations, see “Chapter 3: International Human Rights Law”, including Box 3.2.
19
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