Because he is allowed to carry as a soldier, no long hair, a staff Sergeant with the armed forces in court. His complaint against the so-called hair and Beard of the troupe have been on the Thursday before the 1. Military service of the Senate of the Federal administrative court rejected in Leipzig.
However, the judges noted: The corresponding service provision with the title “the external appearance of the soldiers of the armed forces” lacked a sufficient legal basis.
Until a corresponding amendment is to be applied. The soldier who claims to followers of the Gothic scene, not delivered the service provision of the Ministry of defence for discriminatory, because they allow women to Wear long hair, men but.
the adoption of the German armed forces, must not cover the hair of the soldiers ears and eyes. In the upright head posture, the hairstyle should Uniform and shirt collar do not touch. Soldiers may, however, tie your hair in the same case to the pigtail.
character special masculinity
The staff Sergeant who has now moved to court, will also be allowed to wear long hair. Previously, men had been with long hair for a special manhood said, he argued. He did not understand why the regulations allow only for women.
The principle of Equality does not exclude, for soldiers of different rules in relation to the service clothing and hair to provide costume, stated the Federal administrative court now. However, such arrangements of a sufficiently specific statutory basis would need to be.
The basic law protecting soldiers, namely in front of it, “without legal basis, by official instruction to the restrictions of his personal appearance suffered, which also affect its appearance outside of the service”.
The legislature must now find a new legal regulation – and, where appropriate, to decide whether a different arrangement of the hair-style of men and women in the armed forces continue to be offered.
Similar case five years ago,
In December 2013, the Federal administrative court with a similar case. At the time, the 1 decided. Military service of the Senate, that the Federal Ministry of defense may regulate the hair and Beard of soldiers. That women are allowed longer hair, “is a permissible measure for the promotion of women in the armed forces,” was at the time of the decision.
In the service provision, it says, the hair style of the soldiers had to be clean and well maintained. “Fashionable hairstyles are not allowed, unless you are in cut and shape is particularly striking (e.g., Mohawk cuts, ornament cuts, Sidecuts).”
soldiers were representatives of the state and certain by their appearance in Uniform and correct appearance of the image of the Bundeswehr in the Public and the image of Germany abroad. “Therefore, there is the freedom for the individual design of the outer appearance compared to the visible integration into the military community.”