Compulsory military service in Germany: Why are women excluded?

Women currently make up more than 13 percent of the soldiers in the Bundeswehr. If there is a compulsory military service in Germany again, this proportion should decrease. Because in this case it would remain for women with the voluntary service of the weapon, only men would be obliged.

This ensures some heated debates in this country. Anyone who demands equality must also be approved by conscription for women. Others believe and argue that women are still not equal in other areas – and therefore the country’s defense should therefore only be the responsibility of the men.

This inevitably arises: Why are women excluded from conscription? There are legal and historical reasons for this.

The general conscription was suspended in Germany in 2011. There was no constitutional change to reintroduce. It looks different with a mandatory military service for women. Because in the Federal Republic of Germany it is stipulated that only men may be obliged to defend it from the age of 18 in the event of a defense or as part of a military service.

Women between the ages of 18 and 25 may be used to “civil services” in the event of a defense- for example in medical and healing. But you can “Under no circumstances will be obliged to serve with the weapon, “it says.

For a long time, women were even excluded from the weapon from voluntary service, and it has only been possible for them since 2001. A year earlier the (CJEU) Tilted the ban on a violation of the European Equal Treatment Directive.

A conscript went to court in 2006 because he saw an unequal treatment in the fact that only men had to go to the Bundeswehr. This contradicts the Basic Law, he claimed (after Art. 3 Para. 2 S. 1, Paragraph 3 S. 1 GG). The The lawsuit dismissed and argued, among other things, with “larger burdens” for women in the family area: to restrict conscription to men, there is also no contradiction with the ban on discrimination in Article 14 of the ECHR (European Convention on Human Rights), to which the Federal Republic of Germany has committed.

“Compulsory conscription for men alone is a constitutional area exception to the special rates of equality,” explains Kathrin Groh, professor of public law at the University of the Bundeswehr Munich in . Equality and compulsory military service are on the same level in the Basic Law, so this specific exception is allowed. “She doesn’t violate higher -ranking law,” said Groh.

The professor also explains that a gender -neutral compulsory military service at the constitutional level is permitted as an exception to the equal treatment order. “Whether this would be wise and enforceable is on a different sheet. ” Norway was the first to introduce Natoland in 2015. In Israel there is also a general conscription for women and men (you can find an overview of compulsory military service in different countries here).

In Germany there are currently no plans to change the Basic Law to enable mandatory military service for women. The Federal Government explained in its At a small request from the left faction – and refers to the Basic Law. Until further notice, it should remain that military service is voluntary for women.