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On 24 February 2010, the Committee of Ministers adopted Recommendation CM/Rec(2010)4 to member States on the human rights of members of armed forces (adopted at the 1077th meeting of the Ministers’ Deputies).
The recommendation finds its roots in different texts adopted by the Parliamentary Assembly regarding the armed forces and the human rights of its personnel, including conscripts. The Committee of Ministers had already, back in 1987, adopted a Recommendation to the Member States regarding conscientious objection to compulsory military service. In 2007, the Committee of Ministers gave the Steering Committee for Human Rights (CDDH) ad hoc terms of reference to prepare the recommendation. The CDDH set up a working group under the Committee of Experts for the Development of Human Rights (DH-DEV). The DH-DEV Group on Human Rights of Members of the Armed Forces (DH-DEV-FA) met six times in order to draft the recommendation.
The starting point of this recommendation is the acknowledgement that members of the armed forces do not surrender their human rights and fundamental freedoms upon joining the armed forces. While the special character of military duties and life may justify certain restrictions on the enjoyment of human rights and fundamental freedoms which would not be acceptable for civilians, members of the armed forces, like any other individuals, should have their rights and freedoms respected and protected. The aim of this recommendation is to provide specific guidance to member states on how to better ensure that individuals serving in the armed forces enjoy their human rights and fundamental freedoms to the fullest extent possible.
When adopting Recommendation CM/Rec(2010)4 the Committee of Ministers also
agreed to examine the implementation of the recommendation two years after its
adoption.
Recommandation CM/Rec(2010)4 |
Recommendation CM/Rec(2010)4 of the Committee of Ministers to member states on human rights of members of the armed forces | CM/Rec(2010)4 |
Follow-up of Recommandation CM/Rec(2010)4 |
New Replies to the questionnaire on Recommendation CM/Rec(2010)4 to member states on human rights of members of the armed forces | Link to the questionnaire |
Translations of the Recommendation into unofficial languages | ||
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| Publication | |
| Рекомендация CM/Rec(2010)4 Комитета министров государствам-членам по вопросам прав человека у военнослужащих | CM/Rec(2010)4_ru | |
| Пояснительный Меморандум | EM/Rec(2010)04_ru | |
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