Compendium of Standards, Good Practices and Recommendations
processions and picketing;
•
Article 8: Freedom of conscience and religion;
•
Article 9: The right to participate in management of government and public
unions;
•
Article 10: The right to work;
•
Article 11: Service time and right to rest;
•
Article 12: Monetary allowance;
•
Article 13: Additional payments;
•
Article 14: Clothing supply;
•
Article 15: The right to housing;
•
Article 16: The right to healthcare and medical aid;
•
Article 17: Property rights and tax privileges;
•
Article 19: The right to education and rights in the field of the arts;
•
Article 20: Use of transport;
•
Article 21: The right to appeal against illegal orders;
•
Article 22: Rights in legal proceedings;
•
Article 24: Social security rights; and
•
Article 25: Additional privileges during service in a state of emergency
Italy
Italy’s Code of Military Order of 2010, including articles 1465-1507, covers the human
rights of Armed Forces personnel, such as the right to gender equality, the prohibition
of discrimination, freedom of circulation, freedom of assembly, freedom of religion and
thought, freedom of information and education, the right to vote, the right to stand
for elections, the right to health, the right to holidays and the right to the protection of
personal data.130
As noted above, legislation is especially important if the human rights of armed forces
personnel are to be limited for reasons of national security. In order to avoid abuse or
otherwise unjustified limitations on the rights of service personnel, it is important that such
limitations be accompanied by safeguards.
The international principles set out by the European Court of Human Rights are relevant
to the interpretation of restrictions on the human rights of armed forces personnel. The
Court has established a careful approach as to how and when states may use the available
limitations on human rights for reasons of national security. This approach can also be taken
130
Luther, op. cit., note 125.
71
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