Publications

Armed forces personnel are subject to the same criminal laws as civilians. In many countries, they must also adhere to a separate system of military discipline. Military justice systems are usually set up in order to maintain high standards of discipline necessary for military operations. A system of military discipline separate from the civilian courts is also useful in establishing common legal systems for all personnel, including those deployed abroad.

All commanders play a central role in upholding the rule of law and respect for human rights in the armed forces. A leadership style is needed that builds trust among personnel while ensuring individual accountability. The principle of individual accountability underpins respect for human rights, and promotes responsible behaviour by each member of the armed forces.

Human rights education helps service personnel understand their rights and obligations. It also helps to create a positive working environment free from discrimination, intolerance and bias. This is particularly true in countries that have experienced intercommunal conflict or violence, where human rights education can contribute to post-conflict reconciliation and recovery.

OSCE participating States have a legal obligation to implement just and favourable working conditions “by all appropriate means” as laid out in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Good working conditions help prevent accidents, sickness and casualties in the workplace and have a positive impact on work and life in the barracks.

In addition to violating the fundamental rights of service personnel, ill-treatment and abuse create fear and mistrust, undermine unit cohesion and military effectiveness, and damage the reputation of the armed forces among potential recruits and the general public.

OSCE participating States have committed to ensuring that the recruitment practices for service in its military, paramilitary and security forces are consistent with human rights obligations, including the Convention on the Rights of Children. The threshold for voluntary recruitment should not be less than age 16. Countries that allow young people between 16 and 18 years of age to enlist must ensure that their recruitment is strictly voluntary, that they are fully informed of their duties, have parental consent and provide reliable proof of their age.

Across the OSCE region, a growing recognition of widespread discrimination against LGBTI service members is resulting in greater efforts to protect their rights. LGBTI people have historically been banned from serving in the armed forces of many OSCE participating States.

Ethnic and linguistic minorities are part of the diverse societies found across the OSCE region. Their participation and the protection of their cultural, religious and language rights are essential to social cohesion. This is no less true in the armed forces, where the equal representation and nondiscrimination of ethnic and linguistic minorities can become a source of national unity. Equally, promoting equality and preventing discrimination is important for ensuring the operational effectiveness of the armed forces.

Armed forces should make every effort to remove barriers to the manifestation of religion or belief for their personnel. This is important not only to protect the right to freedom of religion or belief, but also to ensure that armed forces are representative of the diverse communities they serve.

The right to object to conscription for compulsory military service is closely linked to the right to freedom of thought, conscience and religion or belief. In recent decades, many states have abolished universal conscription in favour of voluntary enlistment. A minority of states have reintroduced conscription, with Norway and Sweden extending the practice to include women.