For most members of the OSCE, the European Convention for the Protection of Human Rights and Fundamental Freedoms sets minimum standards for legal restrictions on the rights of service personnel, such as limitations on their right to respect for private life, freedom of thought and belief, freedom of expression, and freedom of association (Arts. 8-11, respectively). Similarly, in order to conform to the right to a fair trial under Art. 6 of the ECHR, military justice must operate through “an independent and impartial tribunal established by law [emphasis added]”. The European Convention for the Protection of Human Rights and Fundamental Freedoms stipulates that, in a democratic society, the right to privacy (Art. 8); the freedom of thought, conscience, and religion or belief (Art. 9); the freedom of expression (Art. 10); and the freedom of association and assembly (Art. 11) can be limited where necessary in the interests of a democratic society if the restrictions are “in accordance with law” and in pursuit of certain interests. Different permitted restrictions apply in each case, as the box below shows. 55 Box 7.6 Restrictions under Arts. 8-11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms55 Permitted Grounds for Restriction Convention Right Respect for Private Life (Art. 8) Freedom of Thought, Conscience, and Religion or Belief (Art. 9) Freedom of Expression (Art. 10) Freedom of Assembly and Association (Art. 11) National Security     Public Safety     Economic Well-being     Prevention of Disorder or Crime     Protection of Health or Morals     Protection of the Rights and Freedoms of Others     Protecting Territorial Integrity     Preventing Disclosure of Information  Received in Confidence    Protecting the Reputation of Others     Maintaining Authority and Impartiality of the Judiciary     In addition, Art. 11 also provides that “this article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State” (see Chapter 9, “Military Unions and Associations”). Restrictions must not be discriminatory. Art. 14 prohibits discrimination in the enjoyment of Convention rights on “any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status”. In addition, the international principles set by the European Court of Human Rights are relevant. The Court has established a careful approach to how and when states may use the 55  European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950. 52 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel

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