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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