Human Rights of Armed Forces Personnel
Box 4.2: Examples of constitutional provisions on the role of the armed
forces111
Spain: Article 8(1) (on armed forces)
The Armed Forces, constituting the Army, the Navy and the Air Force, have as their
mission the guarantee of the sovereignty and independence of Spain, the defence of its
territorial integrity and the constitutional order.
Romania: Article 118 (on armed forces)
The Armed Forces shall be exclusively subordinated to the will of the people, to
guarantee the sovereignty, independence and unity of the State, the country’s territorial
integrity and constitutional democracy.
Hungary: Article 45(1) (on duty)
Hungary’s armed forces shall be the Hungarian Defence Forces. Core duties of
the Hungarian Defence Forces shall be the military defence of the independence,
territorial integrity and borders of Hungary, the performance of collective defence and
peacekeeping tasks arising from international treaties, as well as the carrying out of
humanitarian activities in accordance with the rules of international law.
Austria: Article 9(a) (on defence and military service)
Austria subscribes to universal national defence. Its task is to preserve the federal
territory’s outside independence, as well as its inviolability and its unity, especially as
regards the maintenance and defence of permanent neutrality. Also, in this regard, the
constitutional establishments and their capacity to function, as well as the democratic
freedoms of residents, must be safeguarded and defended against acts of external
armed attack.
Germany: Article 87(a) (on the establishment and powers of the armed forces)
The Federation shall establish armed forces for purposes of defence. Their numerical
strength and general organizational structure must be shown in the budget.
Denmark: Article 19(2)
Except for purposes of defence against an armed attack upon the Realm or Danish
forces, the King shall not use military force against any foreign State without the
consent of the Parliament. Any measure that the King may take in pursuance of this
provision shall immediately be submitted to the Parliament. If the Parliament is not in
session, it shall be convoked immediately.
111
60
For the constitutions of OSCE participating States, see: “Constitutions”, Legislationline.org, https://www.
legislationline.org/documents/section/constitutions.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents