Article 12a – Military Service and Civilian Alternative Service

(1) Men who have attained the age of eighteen may be required to serve in the armed forces, in the Federal Border Guard, or in a civil defense organization.

(2) Anyone who refuses military service involving the use of arms for reasons of conscience may be required to perform alternative service. The duration of the alternative service may not exceed that of military service. Details shall be regulated by a law which must not impair the freedom of conscience and must also provide for a form of alternative service that is not connected with the armed forces or the Federal Border Guard.

(3) Persons liable for military service who are not called up for service under paragraph (1) or (2) may, in the event of a state of defense, be required by or pursuant to a law to perform civilian services for defense purposes, including the protection of the civilian population, within employment relationships. Obligations to serve in public-law service relationships shall be permissible only for the performance of police duties or such sovereign functions of public administration as can only be fulfilled within a public-law service relationship. Employment relationships as referred to in sentence 1 may be established within the armed forces, in their supply sector, or within public administration; obligations to work in the area of civilian supply are permissible only in order to meet essential needs or to ensure protection.

(4) If, in the event of a state of defense, the need for civilian services in civilian medical and health services and in the stationary military hospital organization cannot be met on a voluntary basis, women between the ages of eighteen and fifty-five may be required by or pursuant to a law to perform such services. Under no circumstances may they be required to perform service involving the use of arms.

(5) Prior to a state of defense, obligations under paragraph (3) may be established only in accordance with Article 80a paragraph (1). In preparation for services under paragraph (3) for which special knowledge or skills are required, participation in training courses may be made compulsory by or pursuant to a law. Sentence 1 shall not apply in this respect.

(6) If, in the event of a state of defense, the need for labor in the areas referred to in paragraph (3) sentence 2 cannot be met on a voluntary basis, the freedom of Germans to leave their occupation or workplace may be restricted by or pursuant to a law in order to ensure this need. Prior to a state of defense, paragraph (5) sentence 1 shall apply accordingly.