Chapter 3 The Importance of Human Rights of Armed Forces Personnel As mentioned in the previous chapter, para. 32 of the OSCE Code of Conduct on PoliticoMilitary Aspects of Security commits participating States to ensure that military, paramilitary, and security-service personnel are able to enjoy and exercise their human rights and fundamental freedoms in conformity with the relevant constitutional and legal provisions and with the requirements of service. One valuable source of guidance is the jurisprudence under the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. Like the OSCE Code of Conduct, the Convention, as interpreted by the European Court of Human Rights, treats members of the armed forces as citizens in uniform, i.e., service personnel retain their civil and political rights, although they are modified in accordance with the military context. The “citizen in uniform” approach implies that armed forces personnel, whether professional or conscripted, are entitled to the same rights and protections as all other persons, subject to certain limitations imposed by military life. Indeed, respect for human rights and fundamental freedoms for all, including armed forces personnel, is part of the OSCE’s comprehensive concept of security, which links the maintenance of peace to respect for human rights and fundamental freedoms.11 Nevertheless, in some states, members of armed forces, and in particular conscripted soldiers, are subjected to abuse, brutality, bullying, violence, ill-treatment, torture, and other unlawful practices. Such practices can lead to serious accidents, injuries, disabilities, death, or suicide. Unfortunately, these practices are institutionalized as part of a wider military culture that is characterized by impunity for perpetrators and disrespect for the dignity of human beings. In some states, the enjoyment of human rights by members of the armed forces is disproportionately restricted by the constitution or by law. For instance, in many countries, armed forces personnel are not allowed to fully exercise their rights to freedom of speech and freedom of assembly. As a consequence, armed forces personnel are hindered from speaking for themselves or voicing concern about cases of human rights violations. As this situation can be exacerbated by the closed nature of military institutions, it is important for governments to ensure that human rights are protected in the barracks. Human rights are conceptually indivisible and an entitlement of being human. Indeed, the exercise of some human rights cannot be limited at all.12 However, the exercise of other 11  OSCE Code of Conduct on Politico-Military Aspects of Security, principle 2: “The participating States confirm the continuing validity of their comprehensive concept of security, as initiated in the Final Act, which relates the maintenance of peace to the respect for human rights and fundamental freedoms. It links economic and environmental co-operation with peaceful inter-State relations”; cf. Title VII of the Code of Conduct, discussed in greater detail in Chapter 4. 12  These are human rights from which there can be no derogation, including the right to life; prohibition of torture; prohibition of slavery; prohibition of imprisonment on the grounds of the inability to fulfil a contractual obligation; prohibition of being found guilty of any criminal offence, when the act committed did not constitute a criminal offence under national or international law at the time that it was perpetrated; and the right to be recognized as a person before the law. Also see Chapters 5 and 16 of this handbook. 22 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel