Handbook human rights armed forces Personnel

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care. Dependents of Canadian Forces personnel, for example, do not have their health care provided by the Canadian Forces; rather, they are entitled to comprehensive health care through their provincial Ministries of Health similar to all Canadian citizens. Families of members of the Canadian Armed Forces also have the option to participate in extended family medical/dental coverage through the Public Service Health Care Plan. In case of international deployments, there are exceptions to allow Canadian Forces medical coverage of dependants who accompany deployed members of the armed forces. Many other OSCE participating States follow the same approach, e.g., Ireland, Latvia, Lithuania, and Switzerland. In case armed forces personnel are injured or killed during duty, specific policies are in place in almost all OSCE participating States. Box 17.7 illustrates the procedures for dealing with the matter in selected countries. As far as can be established, in case of death, disability, or injury, financial benefits, disability compensation or pension, pension rights, and payment of damages also apply to family members and relatives of deceased, injured, or incapacitated armed forces personnel.

Safety at work In general, each country has specific laws on safe and healthy working conditions for military personnel. In the majority of states, national laws and regulations for working conditions in civilian environments also apply to military personnel. In Germany, for example, the Federal Law on Occupational Safety and Health includes soldiers within the classification of “working people”. Thus, the armed forces have to guarantee the same level of occupational/environmental safety and health for their military personnel and their other employees as is prescribed for civilians working in the public and private sectors. For this purpose, the Federal Armed Forces have their own occupational safety and occupational health organizations, as well as their own authorities to exercise supervision, similar to civilian supervisory authorities (occupational safety and health inspectors). The same approach is taken, for example, in Slovakia, where these conditions are established in the Labour Code. In another group of countries, there are specific military regulations for occupational/environmental safety and health on regular duty, which mainly follow the general national civilian laws and regulations on these issues. In Canada, for example, the Queen’s Regulations and Orders for the Canadian Forces are derived from the National Defence Act.426 They assign responsibility to commanding officers for the safety of their subordinates and make provisions for disciplinary sanctions against those who neglect their duties. Part 1 of Canada’s Labour Code prescribes occupational health and safety requirements for workplaces under federal jurisdiction.427 The Canadian Forces are legally exempt from the Labour Code and its regulations, but the content of the Labour Code is reflected in Department of National Defence General Safety Standards, which are applied to the Canadian Forces.

Family life The specific nature of military life, e.g., the nature of the job, life on military bases, international deployments, and frequent moving, have an impact on the family members of armed forces personnel and, therefore, on the latter’s private life. Military institutions in many OSCE participating States increasingly recognize the importance of achieving a good bal-

426  Available at <http://laws.justice.gc.cdenln-51>. 427  Available at <http://laws.justice.gc.ca/en/ShowTdm/cs/L-2>.

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Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel


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