Term and definition of a conscientious objector performing civilian service
Ein Conscientious objector performing civilian service is a person who, within the framework of state-regulated civilian service, performs a civilian service in the public interest instead of military service. Civilian service provides an alternative to military service and is particularly intended for persons who, for reasons of conscience, refuse to serve with weapons. The legal basis for civilian service in Germany was, in particular, the Civilian Service Act (ZDG), which remained in force until the suspension of conscription in 2011.
Legal basis and historical development
Legal foundations of civilian service
The legal foundations for the conscientious objector performing civilian service were primarily set out in the Civilian Service Act (ZDG), which contained detailed regulations on the status, obligations, legal relationship, and rights of the conscientious objector performing civilian service. The following provisions and principles were particularly central:
- Basic Law (GG), Article 12a para. 2 GG: The option of alternative service for conscripts on grounds of conscience is directly anchored in the Basic Law.
- Civilian Service Act (ZDG): Regulated the procedure for recognition as a conscientious objector, the process and organization of civilian service, rights, obligations, as well as the protection of the conscientious objector performing civilian service.
Development of civilian service law
With the introduction of conscription in 1956, alternative service as civilian service was introduced at the same time. After decades of practice and multiple adaptations to social changes and European law requirements, conscription in Germany was suspended by law as of July 1, 2011. Civilian service was subsequently dissolved and replaced by the Federal Voluntary Service (BFD). Legally, there remains the possibility of reactivating military and civilian service under Article 12a GG.
Status and legal position of the conscientious objector performing civilian service
Legal classification
The conscientious objector performing civilian service had a special type of public law service relationship with the federal government. He was not an employee, but was subject to specific regulations of public service law, in particular special provisions outside of typical employment law.
Commencement and termination of the civilian service relationship
The civilian service relationship began with the obligation to perform civilian service after successful conscientious objection to military service and official assignment to a recognized placement. The service relationship ended with lawful discharge after completing the required period of service or in the event of special statutory provisions (e.g., incapacity for service).
Selection, recognition, and obligations
Recognition as a conscientious objector
In order to be able to serve as a conscientious objector performing civilian service, a recognized conscientious objection on grounds of conscience was required. The relevant recognition procedure was regulated in the ZDG and provided for a written application and, if necessary, an oral hearing.
Voluntariness and compulsion
Obligation to perform civilian service was not voluntary, but a statutory substitute duty for conscripted male citizens. Selection and obligation were based on the duty to perform a state substitute service.
Obligations of the conscientious objector performing civilian service
Conscientious objectors performing civilian service had the following main obligations:
- Performing the assigned service in a recognized institution (e.g., hospitals, nursing homes, social work institutions)
- Compliance with working hours, service regulations, instructions of the civilian service office and the personnel of the placement
- Duty of confidentiality and loyalty
Rights of the conscientious objector performing civilian service
The most important rights included:
- Entitlement to appropriate pocket money
- Provision of accommodation and meals, or corresponding compensation
- Leave and protection against discrimination at the workplace (similar to maternity protection or Federal Parental Allowance Act)
- Right to legal protection and legal assistance in official matters
Sanctions for breaches of duty
Violations of civilian service obligations could result in disciplinary measures or criminal consequences (e.g., refusal to serve, unauthorized absence from the workplace).
Areas of assignment and duration of civilian service
Civilian service positions
Assignments for conscientious objectors performing civilian service had to be recognized by the Federal Office for Civilian Service (BAZ). Typical areas were:
- Healthcare sector (hospitals, nursing homes)
- Social services (institutions for people with disabilities, child and youth welfare)
- Disaster relief and emergency services
- Environmental and nature conservation
Period of service and possibilities for interruption
The standard period of service was most recently six months, and previously, in the 1980s and 1990s, up to 20 months. Interruptions were only permissible for compelling reasons – for example, illness – otherwise the duration of civilian service was extended accordingly.
Termination and aftereffects
Discharge and legal consequences
Upon successful and complete completion, the conscientious objector performing civilian service was officially discharged. Full completion was documented in a certificate attesting to the period of civilian service. Performance of service was legally recognized as a special service to the common good and could be taken into account for certain legal claims (e.g., waiting periods for social insurance entitlements, periods of previous employment).
Legal status after termination
After the end of the period of service, the public law service relationship ended, and all rights and obligations from the Civilian Service Act ceased. There was explicitly no entitlement to continued employment with the placement.
Conscientious objector performing civilian service in the international and current context
International understanding
The term and structure of civilian service vary from country to country. Many states provide for alternative services for conscripts, which are also based on individual service obligations and the right to conscientious objection to military service.
Current legal situation and successor models
Following the suspension of conscription, the figure of the conscientious objector performing civilian service is no longer active in formal German law. The areas of activity are now mainly covered by the Federal Voluntary Service (BFD) as well as the Voluntary Social Year (FSJ) however, these are based exclusively on voluntary and private law grounds.
Sources and further regulations
- Basic Law for the Federal Republic of Germany (GG), in particular Article 12a
- Civilian Service Act (ZDG) as amended until 2011
- Act on the Suspension of Compulsory Military Service, Civilian Service and Substitute Service (2011)
- Federal Voluntary Service Act (BFDG)
Note: This article deals with the legal situation in Germany and takes into account the status up to the suspension of civilian service in 2011. Current regulations for voluntary social services follow from special laws, such as the Federal Voluntary Service Act and the Youth Volunteer Service Act.
Frequently asked questions
How is legal recognition as a conscientious objector performing civilian service achieved?
Legal recognition as a conscientious objector performing civilian service requires that an application for recognition as a conscientious objector on grounds of conscience is submitted and positively decided upon by the competent authority. The relevant procedure is regulated in the Act on Civilian Service of the Federal Republic of Germany (Civilian Service Act – ZDG). After receipt of the written application, it is examined whether the reasons presented by the applicant meet the legal requirements. In certain cases, a personal hearing or an additional written statement may be required. Only after a legally binding decision by the authority does the applicant acquire the status of a conscientious objector performing civilian service and is thus subject to the relevant legal provisions and obligations under civilian service law.
What rights do conscientious objectors performing civilian service have during their service?
Conscientious objectors performing civilian service have a special public law status during their period of service, which grants them specific rights. These include, in particular, the right to appropriate accommodation, meals, and monthly service pay, the amount of which is stipulated by law. There is also a right to medical care, accident protection, and safeguards regarding working hours, regulated similarly to those in military service. Conscientious objectors performing civilian service are also entitled to vacation and leave in specific circumstances such as illness, marriage, or a death in the family. The legal basis for this can be found mainly in the Civilian Service Act and supplementary administrative regulations.
What statutory obligations must conscientious objectors performing civilian service fulfill?
Conscientious objectors performing civilian service are obliged during their service to comply with service hours and instructions, and to perform their assigned duties carefully and responsibly. Other statutory obligations include maintaining professional secrecy, observing the rules of order and regulations of the workplace, and promptly reporting any inability to perform duties due to illness. Breaches of duty may be sanctioned with disciplinary action such as warnings, removal from service, or, in the case of serious misconduct, with legal consequences or dismissal from civilian service. The legal framework arises from the Civilian Service Act and its related implementing regulations.
Under what circumstances may civilian service be legally shortened or extended?
The regular duration of civilian service is defined by law, but it may be legally shortened or extended under certain conditions. Reasons for shortening include recognition of previously completed service periods (e.g., voluntary or substitute service), or permanent incapacity through illness, which must be medically and officially confirmed. In contrast, extension of civilian service is possible in cases of intentional and culpable absence from service, repeated unexcused absences, or breaches of service obligations. The extent of shortening or extension is determined individually in accordance with statutory regulations.
What are the legal consequences of abandoning civilian service?
An unlawful abandonment of civilian service – for example, by leaving the assigned workplace without authorization – constitutes a violation of the Civilian Service Act. Legal consequences range from disciplinary and administrative sanctions to criminal measures under § 53 ZDG (unauthorized absence). The person concerned may be required to resume civilian service, and, in individual cases, may face exclusion from civilian service, which may entail an obligation to perform military service instead. Lawful termination is only possible under statutory exceptions, for example, in the case of subsequently recognized impediments or in the case of serious illness that permanently leads to incapacity for service and is confirmed by the authorities.
To what extent is there special protection against dismissal for conscientious objectors performing civilian service?
Conscientious objectors performing civilian service enjoy special protection against dismissal during their civilian service and for one year after its completion, under § 78 ZDG in conjunction with the Protection against Dismissal Act (KSchG). Employers may only terminate the employment relationship during civilian service or within the protected period for a significant reason, which must first be approved by the competent authority. Violations by the employer render the dismissal invalid. In addition, after completion of service, the conscientious objector performing civilian service must be allowed to return to their former workplace and must not be disadvantaged with regard to working conditions, remuneration, or promotion opportunities.
Are conscientious objectors performing civilian service subject to a statutory duty of confidentiality?
Yes, conscientious objectors performing civilian service are obliged under § 40 ZDG to maintain confidentiality about all matters they become aware of during their service which are subject to the duty of secrecy. This applies in particular to personal data, internal company processes, and sensitive information regarding clients or confiscated institutions and authorities. Breach of this duty of confidentiality can lead not only to administrative consequences, but also, if the act fulfills the elements of an offense, to criminal sanctions (e.g., disclosure of secrets). Exceptions only apply where there is a legal obligation to disclose, or where disclosure has been expressly authorized.
