Human Rights of Armed Forces Personnel
Since the Helsinki Final Act of 1975, OSCE participating States have made specific commitments
related to freedom of religion or belief.336 The Vienna Concluding Document (1989) deals
with a range of related issues, including discrimination on the grounds of religion or belief,
extending protection to non-believers and safeguarding the right to collective worship.337 At
the 1990 Copenhagen Conference, participating States committed to recognize an individual’s
right to change their religion.338 These commitments were reaffirmed at the Maastricht
Conference (2003)339 and in Kyiv (2013), where the Ministerial Council emphasized the link
between security and full respect for the freedom of thought, conscience, religion or belief.340
The Guidelines for Review of Legislation pertaining to Religion or Belief underline that, while,
“most legal systems are highly deferential to the judgement of [...] military officials regarding
public safety and efficiency [...] States are becoming increasingly sensitive to the rights of
[...] soldiers to have access to religiously sanctioned foods,” and provide limited freedoms “for
wearing of some types of religious attire, provided that it does not interfere with discipline
[...] or efficiency in the military.” It also advises to permit, “when reasonable, access to religious
books and spiritual counselling.”341
Article 18 of the ICCPR and Article 9 of the ECHR embrace “the right to freedom of thought,
conscience and religion” and protect the right “to manifest one’s religion or belief”.342 Both
provisions underscore the right to have or adopt a religion or belief of one’s choice, and
the fact that this right covers the individual or communal exercise of religion or belief, in
public and in private. Article 18 of the ICCPR stipulates that no one shall be coerced into a
certain religion or belief, while Article 9 of the ECHR stresses that the freedom of religion or
belief also includes the right to change one’s religion or belief. Unlike Article 9 of the ECHR,
however, Article 18 of the ICCPR is listed as a non-derogable right in times of emergency
under Article 4(2) of the ICCPR. This means that, even in in times of public emergency
that threatens the life of the nation, the right to freedom of religion or belief needs to be
facilitated and protected, and may not be unduly limited.
As far as restrictions of this right are concerned, the UN Human Rights Committee’s
General Comment No. 22 underscores that Article 18 distinguishes the freedom of thought,
conscience, religion or belief from the freedom to manifest religion or belief. The actual
336
See Helsinki Final Act, stating that participating States should respect “human rights and fundamental
freedoms, including the freedom of thought, conscience, religion or belief, for all”, op. cit., note 9.
337
OSCE, Vienna 1989, op. cit., note 139, para. 16.
338
OSCE, Copenhagen 1990, op. cit., note 141, para. 9.4.
339
OSCE Ministerial Council, Decision No. 4/03, “Tolerance and Non-discrimination”, Maastricht, 2 December
2003, para. 9, https://www.osce.org/mc/19382.
340 OSCE Ministerial Council Decision No. 3/13, op. cit., note 10.
148
341
ODIHR, Guidelines for Review of Legislation Pertaining to Religion or Belief, op. cit., note 276, p. 22.
342
On Article 9, see: Guide to Article 9 Freedom of Thought, Conscience and Religion (Strasbourg: Council of
Europe, last update December 2018), https://www.echr.coe.int/Documents/Guide_Art_9_ENG.pdf. See
also: Carolyn Evans, Freedom of Religion under the European Convention on Human Rights (Oxford: Oxford
University Press, 2001).
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