Grooming Codes in the German Army: Personhood, Identity, and Hair
by Mariana Monteiro de Matos
Question(s) at stake
Whether an army regulation prohibiting a Goth soldier from wearing his desired long hair violates his right to free development of his personality.
Outcome of the ruling
The German Army’s regulation prohibits male soldiers from wearing long hair. This prohibition interferes with the applicant’s fundamental freedom to shape his external appearance without the corresponding statutory provision. Thus, it violates the applicant’s right to free development of his personality pursuant to Article 2(1) of the Basic Law. Despite that, the current legislation should continue to apply until the Parliament regulates the relevant issue.
Country:
Official citation
Federal Administrative Court, Decision of 31 January 2019, 1 WB 28/17 (BVerwG, Beschluss vom 31. Januar 2019, 1 WB 28/17)
Topic(s)
Keywords:
Corporate image Equality between men and women Military service Non-discrimination Physical characteristics and body markings
Tag(s):
Hair discrimination Gothic culture Military regulations
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Mariana Monteiro de Matos (Max Planck Institute for Social Anthropology, Department Law and Anthropology, Germany)
Postdoc, Lisbon (Portugal), 2022; Dr. iur., Göttingen (Germany), 2018; LL.M., Göttingen (Germany), 2013; LL.B., Belém (Brazil), 2011. She is a research fellow and lecturer at the Postgraduate Programme in Law of the Federal University of Pará (Brazil) and research associate of the Department of Law and Anthropology of the Max Planck Institute for Social Anthropology (Germany). Socio-legal studies, constitutional law and international law are the main fields of her extensive publication record, which includes contributions to Brill Publishers and Oxford University Press. Dr Monteiro de Matos has delivered lectures and workshops around the world to audiences with legal and interdisciplinary backgrounds. Several organizations, including the International Law Association and the Konrad Adenauer Foundation, awarded her research prestigious grants. She is a member of the Brazilian Bar Association, the German Society of International Law, and the European Association of Social Anthropologists.