Human Rights of Armed Forces Personnel Chapter 2: OSCE Commitments The OSCE regards norms and activities to promote democracy, human rights and the rule of law – known as the human dimension – as an essential aspect of security. The human dimension forms part of the OSCE’s comprehensive concept of security, which also covers the politico-military and the economic and environmental dimensions. The term human dimension also indicates that OSCE norms in this field cover a wider area than traditional human rights law. This chapter deals with the nature and scope of OSCE human dimension commitments in the field of human rights, and also discusses the human rights aspects of the cross-dimensional OSCE Code of Conduct on Politico-Military Aspects of Security. The Nature and Status of OSCE Commitments on Human Rights A commitment to human rights has been an integral part of the OSCE’s comprehensive approach to security since its inception. In the Helsinki Final Act of 1975, the participating States agreed that one of the guiding principles of relations between them would be to: “promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person and are essential for free and full 9 development.” This commitment to human rights has been reaffirmed on several occasions, including in Madrid, 1983; Vienna, 1989; Moscow, 1991; and Astana, 2010. OSCE commitments on human rights are politically binding on all participating States, including new members that accept the acquis upon joining the OSCE. This chapter maps out the main areas covered by these commitments, while subsequent chapters deal with the major individual commitments in greater detail. The politically binding nature of the commitments means that, unlike human rights treaties, they are operative immediately (since they do not require constitutional approval) and in their entirety (that is, without reservations). They are not, however, legally enforceable in court. OSCE commitments are more than a simple declaration of will or good intentions; rather, they are a political promise to comply with these standards. They may also, if reflective of general state practice and a concomitant legal obligation, indicate the emergence of customary law. 9 28 OSCE, “Helsinki Final Act”, Helsinki, 1 August 1975, Article 1(a) VII, https://www.osce.org/helsinki-final-act.

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