Compendium of Standards, Good Practices and Recommendations
• the elimination of all forms of forced or compulsory labour;
• the effective abolition of child labour; and
• the elimination of discrimination in respect of employment and occupation.
UN treaty obligations are further supported by regional human rights systems. In practice, the
main regional system of relevance to the greatest number of OSCE participating States is the
one established by the ECHR. The ECHR has been ratified by 47 states and is applicable in all
but ten OSCE participating States.36 The European Social Charter (ESC) is the counterpart of
the ECHR in the sphere of economic and social rights. The Charter’s original 1961 version and
revised 1996 version bind a total of 45 states (all but 12 participating States).37
Human rights law is complemented during times of armed conflict by IHL (also known as
the law of armed conflict).38 The main treaties applicable in this field of international law
are the Geneva Conventions of 1949,39 including the 1977 Protocols.40 Several other treaties
also protect human rights by dealing with the criminal responsibility of individuals or the
prevention of serious crimes, and can potentially apply to armed forces personnel. This
compendium, however, focuses on the human rights of members of the armed forces rather
than on their duties to respect the human rights of civilians, fellow members of the armed
forces or enemy combatants. IHL and international criminal law are, therefore, beyond the
scope of this publication, except in the limited sphere of commanders’ responsibility (see
“Chapter 17: The Role of Commanders and Individual Accountability”).
This chapter discusses the main human rights treaties and explains their potential
application to members of the armed forces, introducing the notion of armed forces
members as “citizens in uniform” under human rights law. The relationship between these
36
The OSCE participating States not bound by the ECHR are Belarus, Canada, the Holy See, Kazakhstan,
Kyrgyzstan, Mongolia, Tajikistan, Turkmenistan, the United States and Uzbekistan. For ratifications by
individual states, see: “Chart of signatures and ratifications of Treaty 005”, Council of Europe, https://www.
coe.int/en/web/conventions/search-on-treaties/-/conventions/treaty/005/signatures.
37
Council of Europe, “European Social Charter”, 18 October 1961 (entered into force 26 February 1965), ETS No.
35; and “European Social Charter” (Revised), 3 May 1996 (entered into force 1 July 1999), ETS No. 163. OSCE
participating States not bound by the either are those mentioned in note 34, as well as Liechtenstein and
Switzerland. See: “Chart of signatures and ratifications of Treaty 035”, Council of Europe, https://www.coe.
int/en/web/conventions/full-list/-/conventions/treaty/035/signatures.
38
See: Dieter Fleck (ed.), The Handbook of Humanitarian Law in Armed Conflicts (Oxford: Oxford University
Press, 1995); and Ingrid Detter, The Law of War (London, New York: Routledge, 3rd edition, 2013).
39
International Committee of the Red Cross (ICRC), “Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field” (First Geneva Convention), 12 August 1949,
UN, Treaty Series, vol. 75, p. 31; “Geneva Convention for the Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed Forces at Sea” (Second Geneva Convention), 12 August 1949,
UN, Treaty Series, vol. 75, p. 85; “Geneva Convention Relative to the Treatment of Prisoners of War” (Third
Geneva Convention), 12 August 1949, UN, Treaty Series, vol. 75, p. 135; and “Geneva Convention Relative to
the Protection of Civilian Persons in Time of War” (Fourth Geneva Convention), 12 August 1949, UN, Treaty
Series, vol. 75, p. 287.
40
ICRC, “Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of
Victims of International Armed Conflicts” (Protocol I), 8 June 1977, UN, Treaty Series, vol. 1125, p. 3; and “Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of
Non-International Armed Conflicts” (Protocol II), 8 June 1977, UN, Treaty Series, vol. 1125, p. 609.
39
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents