Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel

Authors: Hans Born and Ian Leigh Bibliographic Details: OSCE/ODIHR, 2008. ISBN: 9788360190531 Download Full Document - English  [1.0 MBytes] Translated Versions: Bosnian [1.0 MBytes] Croatian [1.0 MBytes] French [1.0 MBytes] Russian [2.0 MBytes] Serbian [1.0 MBytes]

Abstract

The Handbook is the product of a research project initiated in January 2005 and conducted by DCAF in cooperation with the OSCE Office for Democratic Institutions and Human Rights (ODIHR).

Inspired by the OSCE Code of Conduct on Politico-Military Aspects of Security, the manual presents an overview of legislation, policies and mechanisms within the OSCE region, outlining models or ‘best practices’ of how military structures can successfully integrate human rights and fundamental freedoms.

The handbook focuses on the internal aspects of human rights and fundamental freedoms of armed forces personnel, and not on the external aspects of this issue – the conduct of the armed forces in their operations. At the same time, limitations on human rights and fundamental freedoms of armed forces personnel are taken into account given the requirements of maintaining national security. The project aims to contribute to the enforcement of existing standards and it also contains recommendations for participating States of measures that should be taken in order to ensure that policies and practices are in full compliance with international human rights standards and OSCE human dimension commitments.

The handbook is aimed at all individuals who play a role in promoting, protecting, and enforcing human rights, such as parliamentarians, government officials, policy makers, military personnel, judges, professional military associations, and non-governmental organizations.

For further information on this Programme.

Description

This handbook is divided into six sections, each of which comprises several chapters. The handbook can be used in different ways depending on what each reader hopes to gain from it. Reading the handbook in its entirety will naturally provide the most comprehensive understanding of the human rights (including their implementation) of members of the armed forces. Readers may, however, opt to focus only on those sections and chapters that are of particular interest to them. Readers interested in policy-oriented practices and recommendations are advised to focus on the best-practices boxes and the recommendations featured in each chapter.

Contents

Section I
Chapter 1 How to Use This Handbook
Chapter 2 Human Rights in the Armed Forces: Scope and Issues at Stake
Chapter 3 The Importance of Human Rights of Armed Forces Personnel

Section II
Chapter 4 OSCE Commitments
Chapter 5 International Human Rights Law
Chapter 6 General Constitutional Framework
Chapter 7 Domestic Legislation

Section III
Chapter 8 Civil and Political Rights
Chapter 9 Military Unions and Associations
Chapter 10 Conscientious Objection to Military Conscription and Service
Chapter 11 Religion in the Armed Forces

Section IV
Chapter 12 Ethnic and Linguistic Minorities in the Armed Forces
Chapter 13 Women in the Armed Forces
Chapter 14 Gays and Lesbians in the Armed Forces

Section V
Chapter 15 Children Associated with Armed Forces
Chapter 16 Preventing Mistreatment of Armed Forces Personnel
Chapter 17 Working Conditions
Chapter 18 Veterans

Section VI
Chapter 19 Human Rights Education
Chapter 20 The Responsibility of Commanders and Individual Accountability
Chapter 21 Discipline and Military Justice
Chapter 22 Ombudsmen

Annex 1. Selected OSCE Commitments