Human Rights of Armed Forces Personnel
promote democratic principles in the military by permitting the political participation of
individual members of the armed forces.
Box 5.5: Political restrictions for service personnel in Germany171
Military personnel are required to behave in a way that does not disrupt their shared
sense of duty. In particular, they are prohibited from acting to promote a political group
by giving speeches, distributing written material or acting as a representative of a
political organization. Mutual respect must always be maintained. Military personnel
may not wear their uniform at political events. Superiors may not influence their
subordinates to be for or against political viewpoints. Under Section 15 of the Legal
Status of Military Personnel Act, the political activities of military personnel are subject
to certain restrictions. In the course of their duties, military personnel may not act to
the benefit or hindrance of a particular political side. This does not, however, affect
the right of military personnel to express their own opinions in conversation with one
another.
All of these approaches have been shown to be effective in terms of guaranteeing
democratic practice and balancing this with the individual rights of armed forces
members. While no one approach can be prescribed, all approaches require sensitivity as
to when political activity genuinely calls the armed forces’ neutrality into question and
when restrictions on individuals rights are excessive. Restrictions on the rights of service
personnel that take account of different types of political office, differing degrees of
political involvement and the requirements of different military contexts can more easily be
justified. In that sense, less restrictive policies focusing on individual circumstances are to be
preferred. At the same time, the particular history or situation of a state may require a more
restrictive approach in order to establish and maintain the armed forces’ political neutrality
in support of democratic processes. It would also be difficult to justify prohibitions based on
the type of political view supported by a member of the armed forces, except in the case of
a political party advocating the overthrow of democratic institutions.
171
88
Response of Germany to the ODIHR-DCAF 2018 questionnaire.
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