The Constitutional Court has overturned the braid ban applicable to soldiers. Since female soldiers are indeed allowed to wear a ponytail, the highest judges see a "disadvantage based on gender". Additionally, the Constitutional Court recognized a violation of the right to privacy. Therefore, the corresponding regulation must be "immediately" repealed.

3,000 Euro Fine for Vorarlberg Officer

The reason for the proceedings was the complaint of a Vorarlberg officer who was fined 3,000 euros because of his braid. After the Federal Administrative Court only reduced his fine, the man appealed to the Constitutional Court against the corresponding decree of the Ministry of Defense and was already right in that it was not a decree for the judges there, but a regulation. This, in turn, would have required a legal basis.

Do Not Deter Potential Female Recruits

But even in terms of content, the representatives of the Ministry of Defense did not succeed at the highest court. The defense department had justified the prescription of hair length with the "uniform appearance and the maintenance of internal order and discipline of the armed forces". Furthermore, "military-specific reasons" were mainly cited, e.g., to prevent work accidents and regarding the peculiarities of close combat. In addition, the reputation of the armed forces (also with international partners) required a uniform appearance.

The Constitutional Court questioned this argumentation, as only male soldiers, but not female soldiers, were subject to this obligation. The Ministry of Defense had unsuccessfully argued the distinction by stating that they did not want to deter potential female recruits with strict regulations on hair length.

Incidentally, the regulation did not only govern hair length. It was stated that the "hairstyle" should not interfere with the fit of the headgear. Additionally, it had to be "clean and well-groomed". Fashionable hairstyles were allowed, "as long as they are not particularly conspicuous in cut and shape". Hair coloring was only allowed to "correspond to the spectrum of natural hair colors". For female soldiers, the rules were less strict. Here, only a ponytail or an updo was required if the hair touched the shoulders. The form and color of hair clips or bands had to be "kept discreet".

Ministry of Defense Reviews Decision

The Ministry of Defense stated in response to an APA inquiry that they would review the decision in the coming weeks and discuss further actions. Until further notice, there are no longer any hair length regulations.

(APA/Red)

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