by 46 states.26 The European Convention is applicable to all but nine OSCE states: Belarus,
Canada, the Holy See, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, the United
States of America, and Uzbekistan. Art. 1 of the Convention obliges the contracting states
to secure to “everyone [emphasis added] within their jurisdiction” the rights and freedoms
under the Convention. It therefore applies to members of the armed forces as well as to
civilians.
2. The Relevance of Human Rights for Members of the Armed
Forces
The approach of treating members of the armed forces as citizens in uniform is longstanding in many domestic legal systems. This requires that service personnel be, so far
as is consistent with military life, accorded the normal civil and constitutional rights of
other citizens. As we explain further in Chapter 8, treating members of the armed forces
as citizens in uniform clearly favours integrating the military into society, rather than the
alternative approach of insulating the military from political and social life. For example,
the US courts have stated: “our citizens in uniform may not be stripped of basic rights simply because they have doffed their civilian clothes”.27 At the international level, the same
Box 5.1
Main Human Rights Treaty Obligations and Their Relevance
Right
Right to Life
Legal Source
Art. 2 ECHR
Art. 6 ICCPR
Art. 6 CRC
Art. 3 UDHR (life, liberty, and security)
Art. 5 ECHR (lists circumstances where scope of the
right may be curtailed in cases prescribed by law)
Art. 9 ICCPR
Art. 5 ICERD
Art. 10 ICCPR
Art. 1 UDHR (liberty and equality)
Art. 3 UDHR (life, liberty, and security)
Art. 14 ECHR
Art. 3 ICCPR (does not list grounds on which
discrimination may be based)
Art. 14 ICCPR (equal before courts and tribunals)
Art. 2 CEDAW
Art. 15 CEDAW
Art. 2 ICERD
Art. 3 ICESCR
Art. 2 CRC
Art. 1 UDHR (liberty and equality)
Art. 2 UDHR
Art. 6 UDHR (right to recognition before the law)
Art. 7 UDHR
Preamble UN Charter
Right to Liberty
Right to Equality
Examples of Relevance
Extreme bullying of conscripts; inquests into
unexplained deaths on military premises or
during military service
Detention under military justice systems
Differences in treatment of women, religious
and ethnic minorities, gay and lesbian service
personnel (for example, discharge following
pregnancy or upon discovery of sexual
orientation, sexual harassment, limits on
deployment of women to combat zones)
26 For ratifications by individual states, see: <http://www.echr.coe.int/ECHR/EN/Header/Basic+Texts/
Basic+Texts/Dates+of+ratification+of+the+European+Convention+on+Human+Rights+and+Additional+Prot
ocols>.
27 Chappell v. Wallace, United States Supreme Court, 13 June 1983, United States Reports, Vol. 462, 1983, pp.
296, 304 (quoting Earl Warren, “The Bill of Rights and the Military”, New York University Law Review, Vol. 37,
1962, pp. 181, 188).
32
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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