Conscientious Objection Act
| Basic data | |
|---|---|
| Title: | Law on conscientious objection to military service with a weapon |
| Short title: | Conscientious Objection Act |
| Abbreviation: | KDVG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Art. 4 para. 3 GG |
| Legal matter: | Military law |
| References : | 50-5 |
| Original version from: | February 28, 1983 ( Federal Law Gazette 1983 I p. 203 ) |
| Entry into force on: | January 1, 1984 |
| Last revision from: | August 9, 2003 ( Federal Law Gazette 2003 I p. 1593 ) |
| Entry into force of the new version on: |
November 1, 2003 |
| Last change by: | Art. 2 G of April 28, 2011 ( BGBl. 2011 I p. 687 ) |
| Effective date of the last change: |
July 1, 2011 (Art. 18 para. 2 G of April 28, 2011) |
| Weblink: | Text of the KDVG |
| Please note the note on the applicable legal version. | |
The Conscientious Objection Act regulates conscientious objection in Germany since 1984 and specifies the basic right to conscientious objection within the meaning of Article 4, Paragraph 3, Clause 1 of the Basic Law (GG).
Conscripts who have been recognized as conscientious objectors must, in the event of tension or defense , perform civilian service outside the Bundeswehr instead of military service as alternative service according to Article 12a, Paragraph 2 of the Basic Law.
The Federal Office for Family and Civil Society Tasks (BAFzA) decides on the authorization to refuse military service with a weapon upon application ( Section 2 (1) KDVG).
An applicant will be recognized as a conscientious objector if the stated motives justify the right to conscientious objection and there are no doubts as to the truth ( § 5 KDVG). In the event of doubt, there is initially the possibility of a written hearing, in case of further doubts, an oral hearing ( § 6 KDVG).
The application will be rejected if the application is incomplete, the motives do not justify the right to conscientious objection or if there are doubts as to the truth that cannot be resolved ( Section 7 (1) KDVG). The applicant has the opposition procedure ( § 9 KDVG) and the administrative court procedure ( § 10 KDVG) against the rejection .
Once the application has been submitted, a draft for military service is only permitted if the application has been irrevocably rejected or withdrawn ( Section 3 (2) sentence 1 KDVG). This does not apply in the event of tension or defense ( Section 11 Paragraph 1 No. 1 KDVG).
literature
- Roland Fritz, Peter Baumüller, Bernd Brunn: KDVG. Commentary on the Conscientious Objection Act . 2nd Edition. Luchterhand, Darmstadt, Neuwied 1985, ISBN 978-3-472-32314-3 .
- Wolfgang Steinlechner: Conscientious Objection Act. Comment . 1st edition. Vahlen, Munich 1990, ISBN 978-3-8006-1468-4 .
