Concept and General Definition of Civilian Service
Der Civilian Service is a legally regulated form of alternative service that serves as an alternative to regular military service. Civilian service has been introduced in many countries to offer individuals an option for societal service if their conscience forbids them from performing military service with arms. Fundamentally, civilian service is a civic obligation that is subject to legal requirements regarding its duration, content, and organization. The regulations on civilian service differ according to national legal frameworks and are particularly significant in countries with mandatory military service.
Legal Background of Civilian Service
Legal Foundations
Germany
In Germany, civilian service was legally governed in the Civilian Service Act (ZDG) . Civilian service served as alternative service for men who refused military service on grounds of conscience (§ 1 para. 1 ZDG old version). Following the suspension of compulsory military service in 2011, civilian service is also suspended (§ 1 para. 2 ZDG). However, these provisions remain in place in case (re-)conscription for service should become necessary.
Austria
In Austria, civilian service is regulated in the Civilian Service Act 1986 (Federal Law Gazette No. 679/1986). Civilian service is available there as an alternative service for persons who refuse to perform military service on grounds of conscience. The duration of civilian service is nine months—three months longer than regular military service.
Switzerland
In Switzerland, the Civilian Service Act (ZDG, SR 824.0) regulates civilian service. The opportunity to perform civilian service is available to all conscripts who credibly demonstrate that, for reasons of conscience, they cannot perform military service.
Eligibility Requirements
A key requirement for civilian service is recognition as a conscientious objector. The conscientious reasons must be stated seriously and plausibly; in some countries, this requires a personal hearing, examination, or written procedure. Civilian service must not entail a lesser scope or lower burden compared to military service, to prevent an ‘escape from duty’ (principle of equivalence).
Legal Consequences of Refusal
Anyone who unlawfully refuses both military and civilian service commits an administrative offense or, depending on national law, a criminal offense. Specific legal consequences are defined in the respective military or civilian service laws and range from fines to imprisonment.
Implementation, Organization, and Service Obligations
Areas of Deployment for Civilian Service
Civilian service is performed in socially significant areas such as:
- Healthcare sector (hospitals, nursing homes)
- Social services (disability assistance, child and youth welfare)
- Disaster relief and emergency services
- Environmental and nature conservation
- Education and culture
In practice, the service is performed at accredited organizations and placements recognized by the state.
Rights and Duties of Civilian Servants
During their service, civilian servants are subject to special legal provisions, including, in particular:
- Obligation to perform the assigned duties
- Obligation of confidentiality regarding official matters
- Special protection against dismissal and disadvantage in employment relationships (protection against dismissal)
- Entitlement to service pay or remuneration and social security (e.g. pension insurance)
Breaches of duty are sanctioned under the provisions of the respective civilian service law.
Duration and Termination of the Service Relationship
The duration of civilian service is determined by the respective legal requirements and is usually longer than the duration of military service. Early termination is only permitted for important, legally defined reasons (such as serious illness). After completing the service, the civilian servant receives a certificate as proof.
Significance and Development of Civilian Service in the Legal System
European Law and International Context
The right to conscientious objection is recognized in international human rights agreements, notably by the International Covenant on Civil and Political Rights (Art. 18 ICCPR) and the European Convention on Human Rights (ECHR). National civilian service laws are framed by these international legal standards.
Suspension, Retention, and Reforms
The development of civilian service is closely linked to mandatory military service. Some European countries have abolished or suspended compulsory military service, which generally has also led to the elimination of civilian service. Other states continue to maintain these services or introduce alternative voluntary services.
Successor Systems: Federal Voluntary Service, Voluntary Social Year
In Germany, the following were created as successor models to civilian service: Federal Voluntary Service and the Voluntary Social Year . These services are voluntary and do not replace the mandatory character of the former civilian service but serve comparable societal purposes.
Civilian Service and Equality
Traditionally, civilian service applied only to men because military service was also typically restricted to men. In line with the principle of equal treatment and gender equality, there have been and continue to be debates about expanding the corresponding duty of service or abolishing it altogether.
Distinction from Similar Types of Service
Civilian service is to be distinguished from alternative military service, voluntary services, and disaster relief/emergency services. While civilian service is tied to the obligation arising from compulsory military service, the other types are generally voluntary or fall under other separately regulated obligations.
Conclusion
Civilian service is a key legal institution protecting freedom of conscience within the context of state service obligations. Its legal manifestations, requirements, and consequences are determined by national legislation, embedded within international and European law. With the suspension or abolition of conscription, several countries have seen a transformation or phase-out of civilian service, while other legal systems still consciously reserve a role for maintaining social cohesion.
Frequently Asked Questions
What legal requirements must be met to start civilian service?
To perform civilian service in Germany, certain legal requirements must be fulfilled. The Civilian Service Act (ZDG) fundamentally regulates the eligibility criteria. Male German citizens who refuse to perform military service on grounds of conscience are subject to civilian service obligations. Currently, both conscription and, therefore, civilian service obligations are suspended; conscription is only carried out in the event of national defense. Recognition requires an application for conscientious objection, including a statement of conscience, to be submitted to the Federal Office for Family and Civic Engagement. The decision on recognition as a conscientious objector is made after a legal review of the application. If recognized, there is, in principle, an obligation to perform civilian service, provided conscription applies.
What legal regulations apply to the duration and course of civilian service?
The duration of civilian service has been adjusted several times over the years. According to current law, it depends on the timing of induction and was most recently six months. In the event of national defense or reintroduction of conscription, the federal government may adjust the service period by regulation. The course of civilian service is set out in detail in the Civilian Service Act: civilian servants are assigned by decision of the Federal Office to institutions where they perform non-profit activities—usually in the social or medical sector. There is a comprehensive legal obligation to complete the full term of service, though there are exceptions, for example, in the case of health restrictions. During civilian service, the person is subject to the special legal provisions of the ZDG, not general labor law.
What legal consequences follow in case of refusal or premature termination of civilian service?
Refusal or premature termination of civilian service without legitimate legal grounds is classified as an administrative offense or—depending on the circumstances—as a criminal offense under § 53 ZDG (service evasion). This may lead to prosecution and conviction, with criminal penalties ranging from fines to imprisonment. Absence without excuse (‘withdrawal from service’) is also strictly punished. Furthermore, subsequent commencement or recognition of substitute periods is legally excluded unless there are valid reasons, such as illness, which must also be proven in time.
Is there special protection against dismissal during civilian service?
Yes, during civilian service, civilian servants have special protection against dismissal under § 78 ZDG, corresponding to that of military service. Employment relationships, apprenticeships, and similar contractual relationships may only be terminated by the employer from the time of induction notification until one month after completion of civilian service for particularly serious reasons. Such dismissal is also only effective with the approval of the competent authority (usually the integration office). The aim is to prevent disadvantages for civilian servants in the labor market.
How is social security regulated during civilian service?
Social security systems for civilian servants are regulated by the Civilian Service Act and relevant social security codes. During civilian service, there is a legal entitlement to free medical care as well as coverage under statutory pension, health, long-term care, and accident insurance. The premiums are covered by the federal government; the civilian service office is responsible for registration and administration. After completion of civilian service, there is also the possibility to claim periods of voluntary or statutory civilian service as pension eligibility periods.
Can periods of civilian service be credited toward later vocational training or study periods?
Legally, crediting periods of civilian service towards vocational training or study periods is allowed by various legal provisions. The Federal Training Assistance Act (BAföG) and the Framework Act for Higher Education provide that these periods count as waiting time for university admission and towards funding periods. In civil service law and for calculating periods of employment in the public sector, civilian service periods are considered service time in accordance with § 9 (1) Federal Civil Servants Act.
What legal options exist for an assignment abroad as part of civilian service?
The Civilian Service Act allows, under certain conditions, the possibility of an assignment abroad, for example, within the framework of a one-year social service abroad that is recognized as alternative service (§ 14b ZDG). A prerequisite is employment by a recognized sponsoring organization and approval by the Federal Office for Family and Civic Engagement. The legal consequence is full recognition of the service abroad as fulfillment of civilian service; special regulations regarding insurance, allowances, and protection provisions apply.
