Publications

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.

Military unions and associations provide assistance to service personnel in a variety of areas, including raising awareness of their rights, promoting their welfare, representing their interests and consulting or negotiating on the conditions of their service. Freedom of association, which is defined as the freedom to join professional bodies and trade unions, is a fundamental right. However, it does not apply without limitations to men and women in the armed forces throughout the OSCE region.

As with other civil and political rights, the freedom of expression of service personnel is sometimes restricted in an effort to ensure the political neutrality of the armed forces. In certain situations, including operational deployments, special restrictions will be necessary to maintain the security of armed forces personnel.

As citizens in uniform, armed forces personnel enjoy the same fundamental rights as other citizens, including civil and political rights. However, many states impose restrictions on the enjoyment of these rights for service personnel, for example because of the need for discipline and political neutrality within the armed forces. The degree to which they do so varies among OSCE participating States.

Human rights are explicitly articulated in international standards that carry very real and meaningful implications for every individual. They include the 1948 Universal Declaration of Human Rights – the bedrock of international human rights law – the International Covenant on Civil and Political Rights (ICCPR) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

National laws provide democratic control of the armed forces, and include constitutional provisions, parliamentary oversight and legislation specifying the role of the military and the rights of its personnel.

Women remain significantly underrepresented in the armed forces across the OSCE region. Women’s participation in the military goes beyond the question of representation, and encompasses recruitment, promotion and retention, working conditions, respect for family life, and issues of discrimination and sexual violence. Above all, women’s participation in the armed forces is about full respect for their human rights while appreciating their necessary contribution to the operational demands of a modern-day military.

The compendium is aimed at all those working to promote, protect and ensure effective implementation of the human rights of armed forces members, including military personnel, policymakers, judges, ombuds institutions, professional military associations and non-governmental organizations.

This Compendium presents an overview of legislation, policies, and mechanisms for ensuring the protection and enforcement of the human rights and fundamental freedoms of armed forces personnel. It includes many examples and good practices from across the OSCE region that have proven successful. It also contains recommendations which can help participating States ensure that their policies and practices are in full compliance with international human rights standards and OSCE human dimension commitments.

In 2020, the OSCE Office for Democratic Institutions and Human Rights has promoted publications focused on key topics such as COVID-19, hate crime, gender equality and human rights in detention.