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Page 11
Germany 1949 (rev. 2012)
Article 12a: [Compulsory military and alternative civilian
service]
1.
Men who have attained the age of eighteen may be required to serve in the
Armed Forces, in the Federal Border Police, or in a civil defence organisation.
•
Duty to serve in the military
2.
Any
person who, on grounds of conscience, refuses to render military service
involving the use of arms may be required to perform alternative service. The
duration of alternative service shall not exceed that of military service. Details
shall be regulated by a law, which shall not interfere with the freedom to make a
decision in accordance with the dictates of conscience, and which shall also
provide for the possibility of alternative service not
connected with units of the
Armed Forces or of the Federal Border Police.
•
Right to conscientious objection
3.
Persons liable to compulsory military service who are not called upon to render
service pursuant to paragraph (1) or (2) of this Article may, when a state of
defence is in effect, be assigned by or pursuant to a law to employment involving
civilian services for defence purposes, including the
protection of the civilian
population; they may be assigned to public employment only for the purpose of
discharging police functions or such other sovereign functions of public
administration as can be discharged only by persons employed in the public
service. The employment contemplated by the first sentence of this paragraph
may include services within the Armed Forces, in the provision of military
supplies, or with public administrative authorities;
assignments to employment
connected with supplying and servicing the civilian population shall be
permissible only to meet their basic requirements or to guarantee their safety.
•
Emergency provisions
4.
If, during a state of defence, the need for civilian services in the civilian health
system or in stationary military hospitals cannot be met on a voluntary basis,
women between the age of eighteen and fifty-five may be called upon to render
such services by or pursuant to a law. Under no circumstances may they be
required to render service involving the use of arms.
•
Emergency provisions
5.
Prior to the existence of a state of defence, assignments under paragraph (3) of
this Article may be made only if the requirements of paragraph (1) of Article 80a
are met. In preparation for the provision of services under paragraph (3) of this
Article that demand special knowledge or skills, participation in training courses
may be required by or pursuant to a law. In this case the first sentence of this
paragraph shall not apply.
•
Emergency provisions
6.
If, during a state of defence, the need for workers in
the areas specified in the
second sentence of paragraph (3) of this Article cannot be met on a voluntary
basis, the right of German citizens to abandon their occupation or place of
employment may be restricted by or pursuant to a law in order to meet this
need. Prior to the existence of a state of defence, the first sentence of paragraph
(5) of this Article shall apply mutatis mutandis.
•
Emergency provisions
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