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The basic rights of service personnel

The “basic rights of service personnel” are identical with the general basic rights enshrined in the German constitution. Service personnel are part of a hierarchy based on the principle of obedience to orders. There is, therefore, a great deal of tension between the freedoms and rights of each individual serviceman on the one hand, and the special demands of service in the armed forces on the other. It is an imperative of our constitution that service personnel, be they conscripts, temporary-career volunteers or regular soldiers, should be guaranteed the same freedoms and rights as those enjoyed by other citizens. To this extent, therefore, service personnel are “citizens in uniform”. Their basic rights may be restricted in line with constitutional provisions but only insofar as this is absolutely essential to meet the requirements of their military duties. This requires a basis in law. Service personnel continue to enjoy the following rights, for example:

• The unrestricted right to respect for and protection of their dignity as human beings. However tough the training, for instance, service personnel may not be subjected to humiliating or degrading treatment.
• The basic right to freely express their opinions. The functional capability of the Bundeswehr may impose restrictions on service personnel’s freedom of expression. Nevertheless, service personnel are free, when they are off duty, to become active in political parties, for example.
• The basic right to protection against violation of their rights by public authority. In such cases, like all other citizens, they have recourse to the courts.