Box 8.3 Recognition of Civil and Political Rights of Members of Armed Forces73 The Right to Join a Political Party Austria, Belgium, Canada, Denmark, Germany, Luxembourg, Norway, Portugal, Sweden, Switzerland, United Kingdom, United States of America The Right to Stand for Elections Austria, Azerbaijan, Belarus, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Latvia, Luxembourg, Norway, Poland, Russian Federation, Slovenia, Sweden, Switzerland, Ukraine The Right to Freedom of Association Austria, Belgium, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Ireland, Lithuania, Luxembourg, Norway, Poland, Portugal, Russian Federation, Serbia and Montenegro, Slovenia, Sweden, Switzerland, Ukraine, United States of America Prohibited or Not Azerbaijan, Belarus, Recognized Bosnia and Herzegovina, Croatia, Czech Republic, Estonia, Finland, France, Georgia, Ireland, Latvia, Lithuania, Poland, Russian Federation, Serbia and Montenegro, Slovakia, Slovenia, Spain, Ukraine Bosnia and Herzegovina, Canada, Croatia, Ireland, Lithuania, Portugal, Serbia and Montenegro, Slovakia, Spain, United Kingdom, United States of America Azerbaijan, Belarus, Bosnia and Herzegovina, Latvia, Slovakia, Spain, United Kingdom Recognized in Legislation The Right to Freedom of Expression Austria, Azerbaijan, Belarus, Belgium, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Ireland, Latvia, Lithuania, Luxembourg, Norway, Poland, Portugal, Russian Federation, Serbia and Montenegro, Slovakia, Slovenia, Sweden, Ukraine, United Kingdom, United States of America Spain The right to freedom of association is recognized in Spain’s Constitution but not in military law. The right to freedom of expression is recognized in Spain’s Constitution but not in military law. tries as to what level of participation in the political process is allowed for members of the armed forces. These are:73 1. Highly restrictive policies of political neutrality; 2. Moderately restrictive policies of political neutrality; 3. Least restrictive policies of political neutrality.74 Highly restrictive policies effectively ensure the invisibility of the armed forces so far as public debate is concerned. This approach seeks to ensure neutrality by, in effect, quarantining the armed forces and separating them from active political involvement. The background may be (as in the case of Spain) a desire to avoid repetition of military intervention in political life. Restrictions in Poland exemplify this approach. Poland requires members of the armed forces to refrain completely from the political sphere. Art. 26.2 of the Constitution provides that “The Armed Forces shall observe neutrality regarding political matters and shall be subject to civil and democratic control.” In 2002, the Polish Constitutional Tribunal held that severe restrictions on the political activities of members of the armed forces were not unconstitutional.75 The Tribunal found that the challenged statutory provisions prohibiting membership of a political party conformed to constitutional principles of the freedom of creating and functioning of political parties, proportionality, equality, freedom of association and equal access to the public service, as well as to Art. 22 of the International 73  ODIHR-DCAF project questionnaire, question 54; correspondence with EUROMIL. 74  G. Nolte and H. Krieger, “Comparison of European Military Law Systems”, in Nolte, op. cit., note 6, pp. 77 ff. 75  Commissioner of Citizens Rights v. The State, Polish Constitutional Tribunal, 10 April 2002, Case No. K 26/00. 61 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel