Right Right to a Fair Trial, Hearing, Remedy Legal Source Art. 6 ECHR (fair and public hearing within a reasonable time) Art. 7 ECHR (non-retroactivity) Art. 13 ECHR (effective remedy) Art. 14 ICCPR (equality before courts and tribunals – gives minimum guarantees) Art. 15 ICCPR (non-retroactivity) Art. 5 ICERD Art. 6 ICERD Art. 12 CRC Art. 6 UDHR (right to recognition before the law) Art. 8 UDHR (effective remedy) Art. 10 UDHR (right to a public and fair hearing by an independent and impartial tribunal) Art. 11.1 UDHR (innocent until proven guilty) Right to Freedom Art. 9 ECHR of Thought, Art. 10 ECHR Conscience, Religion Art. 18 ICCPR or Belief Art. 5 ICERD Art. 12 CRC (conferred on those capable of forming their own views) Art. 13 CRC Art. 14 CRC Art. 18 UDHR Art. 19 UDHR Art. 5 ICERD Right to not be Art. 3 ECHR Subjected to Art. 7 ICCPR (no medical or scientific Torture or Other experimentation without consent) Cruel, Inhuman, Art. 12 UDHR or Degrading Treatment or Punishment Art. 19 ICCPR Right to Freedom of Opinion and Art. 19 UDHR Expression Art. 10 ECHR Art. 13 CRC Right to Peaceful Art. 11 ECHR Assembly or Protest Art. 21 ICCPR Art. 5 ICERD Art. 8 ICESCR Art. 20 UDHR Examples of Relevance Courts martial and military justice systems Right of conscientious objection; restrictions on manifestation of religion (e.g., religious dress conflicting with military uniform requirements, religious dietary requirements, opportunities for religious worship and observance, access to co-members of religious communities, proselytism of fellow service personnel) Bullying of conscripts and initiation rituals Limits on public statements by members of the armed forces Participation by service personnel in trade unions or civil society groups approach has been taken by one important human rights body, the European Court of Human Rights, described below. The human rights of members of the armed forces have additional importance in the contemporary context for two reasons. The first is the changing nature of military operations. Armed forces are now more likely to be deployed on peace-keeping operations than in conventional warfare. Servicemen and -women in peace-keeping operations are frequently called upon to assist political institutions within societies fractured by conflict to re-establish a culture of respect for human rights in their area of operations. They will be in a better position to do this if they themselves have knowledge of, and are accustomed to, such a culture within their own armed forces. Also, where armed forces are not engaged 33 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel

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