Human Rights of Armed Forces Personnel
Some of the rights set out in the main ILO conventions, including protection against child labour,
forced labour (if of a non-military character) and discrimination, apply to everyone, with no
special mention of exceptions for members of the armed forces. With respect to other rights,
including association and organization rights, and the right to collective bargaining, the relevant
ILO conventions declare that the applicability of their provisions to members of the armed
forces shall be determined in national laws and regulations. At the same time, some of these
conventions, notably ILO Convention No. 87 concerning Freedom of Association and Protection of
the Right to Organise, stress that the ratification of the convention shall not affect any existing
laws, awards, customs or agreements by virtue of which members of the armed forces enjoy any
of the convention’s rights.
Different Approaches
Constitutional provisions
Most constitutions assume that members of the armed forces enjoy the same constitutional
rights as other citizens and do not make express reference to their rights, except in the
context of necessary restrictions. Such restrictions may be designed to ensure political
neutrality according to the constitutional role of the armed forces or to allow for military
justice in order to maintain discipline. In some countries, constitutional provisions deal
with the position of other institutions – such as ombuds institutions, military police and
prosecutors and military courts – that oversee the military or are concerned with upholding
the rights of service personnel.
Military justice is a specialized topic, and there are three approaches to the subject in
constitutional provisions:
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1.
States with military court systems where the constitution makes no reference to the
process of military justice (for example, Hungary, Lithuania, Romania and Slovakia) or
explicitly bestows powers to parliament, congress or other related entity to create a
system of military justice (for example, Article 1(8) of the United States Constitution);
2.
States where the constitution merely recognizes existing military law, in effect qualifying
other constitutional provisions (for example, Article 94 of Luxembourg’s Constitution,
Article 86 of Latvia’s Constitution and Section 11(f) of the Canadian Charter of Rights
and Freedoms); and
3.
States where the constitution governs the application of military law and the jurisdiction
of military courts (for example, Article 38(4) of Ireland’s Constitution). In this category,
the variations essentially concern the detail with which the provisions delimit offences
and personnel within the permissible reach of these tribunals.
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