Human Rights of Armed Forces Personnel
International Human Rights Standards
The freedom to associate with others is a fundamental right that is clearly recognized in
the UDHR and the major human rights treaties, including the ICCPR, ICESCR, ECHR and ESC
(see Box 7.2). This right extends to the freedom to join trade unions.234 Key conventions of
the ILO protect the right to freedom of association, the right to organize235 and the right to
collective bargaining.236
Box 7.2: Freedom of association in human rights law
UDHR, Article 20
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
ICCPR, Article 22
1. Everyone shall have the right to freedom of association with others, including
the right to form and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those
which are prescribed by law and which are necessary in a democratic society
in the interests of national security or public safety, public order (ordre public),
the protection of public health or morals or the protection of the rights and
freedoms of others. This article shall not prevent the imposition of lawful
restrictions on members of the armed forces and of the police in their exercise
of this right.
3. Nothing in this article shall authorize States Parties to the International Labour
Organisation Convention of 1948 concerning Freedom of Association and
Protection of the Right to Organize to take legislative measures which would
prejudice, or to apply the law in such a manner as to prejudice, the guarantees
provided for in that Convention.
ECHR, Article 11
1. Everyone has the right to freedom of peaceful assembly and to freedom of
association with others, including the right to form and to join trade unions
for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such
as are prescribed by law and are necessary in a democratic society in the
interests of national security or public safety, for the prevention of disorder or
crime, for the protection of health or morals or for the protection of the rights
and freedoms of others. This article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed forces, of
the police or of the administration of the State.
110
234
For an updated list of the most important human rights commitments referring to military associations,
please visit: “International Standards”, EUROMIL, http://euromil.org/international-standards.
235
ILO Convention No. 87, op. cit., note 34.
236
ILO Convention No. 98, op. cit., note 33; and Convention concerning the Promotion of Collective Bargaining
(No. 154), adopted on 3 June 1981 (entered into force on 11 August 1983).
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