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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