Human Rights of Armed Forces Personnel According to the ICCPR, the rights to privacy, to freedom of thought, conscience and religion or belief, to freedom of expression and to freedom of association and assembly can be limited where necessary in the interests of a democratic society if the restrictions are “prescribed by law” and are necessary for protection of the public interests listed below. Right to privacy is enshrined in Article 17. This provision does not mention grounds for restrictions. At the same time, possible restrictions should be “lawful” and “non-arbitrary”.120 The latter requirement is “intended to guarantee that even interference provided for by law should be in accordance with the provisions, aims and objectives of the Covenant”.121 Box 4.3 illustrates the permitted grounds for restrictions in different cases. Box 4.3 Restrictions under Articles 17-19(2) and 21 of the ICCPR Permitted grounds for restriction Convention right Right to privacy (Article 17) National security N/A Public safety N/A Public order N/A Protection of health or morals Freedom of thought, conscience and religion or belief (Article 18) Freedom of expression (Article 19(2)) ✓ Freedom of assembly and association (Article 21) N/A ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Protection of the rights and freedoms of others N/A ✓ ✓ ✓ Protecting the reputation of others N/A ✓ The ECHR – which applies to most OSCE participating States – stipulates that, in a democratic society, the rights to privacy, to freedom of thought, conscience and religion or belief to the freedom of expression and to freedom of association and assembly can be limited, where necessary, in the interests of a democratic society if the restrictions are “in accordance with law” and in pursuit of one or more legitimate aims. However, the ECHR sets minimum standards for legal restrictions on the rights of service personnel, and different permitted restrictions apply in each case, as Box 4.4 below shows. 64 120 ICCPR, op. cit., note 16, Article 17. 121 UN Human Rights Committee (HRC), CCPR General Comment No. 16: Article 17 (Right to Privacy), “The Right to Respect of Privacy, Family, Home and Correspondence, and Protection of Honour and Reputation”, 8 April 1988, para 4, https://www.refworld.org/docid/453883f922.html.

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