orientation constitutes a genuine and determining occupational requirement, when the objective is legitimate and the requirement is proportionate”.283 Right to privacy The prohibition on gays and lesbians serving in the armed forces may also be in contravention of the right to private life, which is protected by both the ICCPR (Art. 17) and the ECHR. Art. 8 of the ECHR states: There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. 284 On the basis of this provision, the European Court of Human Rights ruled that the United Kingdom’s policy prohibiting homosexuals from serving in the armed forces violated the principle of respect for private life (see Section 3 of this chapter, “Different Approaches to the Participation of Lesbians and Gays in the Armed Forces”). The OSCE has not explicitly affirmed its commitment to end discrimination on the basis of sexual orientation. Only in the 1995 Ottawa Declaration did the OSCE Parliamentary Assembly call upon: participating States to ensure that all persons belonging to different segments of their populations be accorded equal respect and consideration in their constitutions, legislation and administration and that there be no subordination, explicit or implied, on the basis of ethnicity, race, colour, language, religion, sex, sexual orientation, national or social origin or belonging to a minority … .285 Discrimination on the basis of sexual orientation is understood by many participating States and OSCE institutions to be banned under provisions banning discrimination “on any ground”.286 3. Different Approaches to the Participation of Lesbians and Gays in the Armed Forces Policies and practices regarding lesbians and gays serving in the armed forces vary widely from country to country. There have also been changes within countries, with many nations relaxing or entirely lifting the ban on gays and lesbians in the armed forces because of the application of a human rights and equal-opportunities approach to the armed forces in OSCE participating States. Three broad policies concerning the presence of gays and lesbians within the military can be identified: • Systems in which gays and lesbians are excluded by law and, if found to be serving, can be legally removed from the service; 283  Ibid., para. 23. 284  The prohibition of discrimination and the right to respect for private and family life specifically within the military context are reaffirmed in Council of Europe Parliamentary Assembly Recommendation on Human Rights of Members of the Armed Forces 1742 (2006), paras. 10.1.5 and 10.2.3, available at <http://assembly.coe. int/Main.asp?link=/Documents/AdoptedText/ta06/EREC1742.htm>. 285  Ottawa Declaration of the OSCE Parliamentary Assembly, 8 July 1995, <http://www.osce.org/documents/ pa/1995/07/171_en.pdf>. 286  See, for example, Copenhagen 1990, para. 5.9. 133 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel