Compendium of Standards, Good Practices and Recommendations
Right
Legal Source
Examples of Relevance
Right to freedom of
opinion and expression
Article 19 UDHR
Limitations on the
permissibility of public
statements by members of the
armed forces.
Article 19 ICCPR
Article 13 CRC
Article 10 ECHR
Right to peaceful
assembly and right to
freedom of association
Article 20 UDHR
Article 21 ICCPR
Article 8 ICESCR
Participation by service
personnel in public assemblies,
trade unions, military
associations or civil society
groups; the right to strike.
Article 5 ICERD
Article 11 ECHR
Article 15 CRC
Reservations, derogations and limitations
In the context of the rights of armed forces members, the extent and scope of restrictions
on human rights are of particular significance. Reservations or derogations may be imposed
on the exercise of certain rights by military personnel. Where no reservations or derogations
are in place, then the rights in question are fully applicable, according to their respective
wording, and limitations will only be permissible if they follow the requirements set out in
respective human rights provisions.
Reservations
Some human rights treaties allow state parties to make reservations with respect to
certain provisions. This means that a state may unilaterally exclude or modify the effect of
certain provisions in their application to that particular state.50 For example, several OSCE
participating States have entered reservations to Article 5 (liberty and security of person)
and/or Article 6 of the ECHR (the right to a fair trial before an independent and impartial
tribunal) with respect to their military justice systems.51 Similarly, some participating States
have made reservations to provisions of the ICCPR concerning discipline in their armed
forces.52 Where a state has made a valid reservation, the relevant provision of the treaty
50
See: UN, “Vienna Convention on the Law of Treaties”, 23 May 1969, UN, Treaty Series, vol. 1155, p. 331, Art.
2(1)(d) and Arts. 19–23.
51
At the time of writing, this applied to Armenia, Azerbaijan, the Czech Republic, France, Moldova, Portugal, the Russian Federation, Slovakia, Spain and Ukraine. See: “Reservations and Declarations for Treaty
No.005”, Council of Europe, https://www.coe.int/en/web/conventions/search-on-treaties/-/conventions/
treaty/005/declarations.
52
At the time of writing, this applied to France, Ireland and the United Kingdom. See: “Status of Treaties: 4.
International Covenant on Civil and Political Rights”, UN Treaty Collections, https://treaties.un.org/Pages/
ViewDetails.aspx?chapter=4&clang=_en&mtdsg_no=IV-4&src=IND.
45
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