Below is the main text of Recommendation CM/Rec(2010)4 of the Committee of Ministers of the Council of Europe, about the human rights of armed forces personnel. Our notes in square brackets are not part of the recommendation. Click here for BAFF introduction to this document. Click here for Council of Europe's Explanatory Memorandum to CM Recommendation on human rights of armed forces personnel.
1. This recommendation concerns the enjoyment of human rights and fundamental freedoms by members of the armed forces in the context of their work and service life.
2. Whilst taking into account the special characteristics of military life, members of the armed forces, whatever their status, shall enjoy the rights guaranteed in the Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter, "the Convention") and the European Social Charter and the European Social Charter (revised) (hereafter, "the Charter"), as well asother relevant human rights instruments, to the extent that states are bound by them.
3. According to Article 15 of the Convention and Article 30 of the European Social Charter,in time of war or other public emergency threatening the life of the nation, states may derogate from certain of their obligations under the Convention and the Charter to the extent strictly required by the exigencies of the situation and provided that such measures are not inconsistent with their other obligations under international law.
4. Derogations under Article 15 of the Convention shall not be permitted in relation to the following rights: the right to life, except in respect of deaths resulting from lawful acts of war, the prohibition of torture and inhuman or degrading treatment or punishment, the prohibition of slavery and servitude, the principle that no punishment can be inflicted without a law and the right not to be tried or punished twice.
5. The following rights and freedoms should be respected and implemented in accordance with the accompanying principles: