Compendium of Standards, Good Practices and Recommendations
Chapter 4: National Protections for the
Human Rights of Armed Forces Personnel
Introduction: Issues at Stake
This chapter concerns the constitutional provisions and national legislation governing the
treatment and rights of armed forces personnel.
The chapter examines the relevance of constitutional provisions to the armed forces and
their accountability, before exploring the ways in which constitutions apply to the rights
enjoyed by service personnel. The chapter also examines the role of national legislation
in defining the rights of service personnel in line with the demands of military service.
The chapter addresses the recognition of the human rights of armed forces members in
domestic legislation, including civil and political rights (such as the right to vote and to
participate in political affairs), privacy, freedom of expression and social and economic rights
(such as social security, education and housing).
Constitutional provisions
The human rights protections granted to members of the armed forces exist within
a broader context of the military’s position within a democratic state. Constitutions
commonly deal with a variety of matters relevant to armed forces.
Legal structure: Includes legislative mechanisms, principles governing non-legislative
sources of power,108 procedures for passing emergency legislation, constitutional
provisions for derogations from human rights and processes governing entering into
international agreements for security co-operation.
Accountability mechanisms: Concerns the allocation of authority for national
defence, security and intelligence among state institutions, the prohibition on defence or
security officials holding parliamentary or ministerial office, the powers of the legislature
and the constitutional powers of the courts (e.g., constitutional review).
Independent review: Pertains to the security of tenure for officials, constitutional
guarantees for the independence of the judiciary and the position of military courts.
Individual rights: Namely, the rights applicable to everyone and those, such as
conscientious objection, that are specifically relevant to military service (see Box 8.2 in
“Chapter 8: Conscientious Objection to Military Service”), and the restrictions on rights that
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For example, in the United Kingdom, under the royal prerogative, ministers may take executive decisions on certain matters without parliamentary authority. See: United Kingdom House of Commons, “The Royal Prerogative”,
Briefing Paper, 17 August 2017, https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN03861.
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