Because a time-soldier refused to shake hands with women, the Bundeswehr was allowed to release him. The Higher Administrative Court of Rhineland-Palatinate in Koblenz rejected the complaint of a former soldier in a decision published on Thursday. The dismissal was based on a violation of military duties and not on a prejudice of Muslims, decided the judges.
The plaintiff was since 2015 a time soldier. In 2017, the military screening service provided insights into a man's allegedly extremist attitude. He converted to Islam and changed his appearance and behavior. There is a suspicion that the soldier is in a process of radicalization. In a survey, the plaintiff testified that it was up to him if he did not shake hands with women. In May 2018, the soldier was released. The appeal of the plaintiff, the Higher Administrative Court now rejected.
The administrative court had rightly dismissed the claim, judges ruled. Through his religiously justified refusal to shake hands with women, he violates the duty to stand up for the free democratic basic order. In addition, he violated the duty of respectful and trustworthy behavior. A continued employment of the soldier would have seriously endangered the military order and the reputation of the Bundeswehr.
The former soldier claimed to have worked well with women and to respect them. According to his own statements, the plaintiff also gives other people his hand for hygienic reasons only in exceptional cases. The reasons given by him for his behavior towards women in view of his consistent turn to Islam only protection claims, judges ruled. The attitude of the plaintiff contradicts the equality of man and woman in the Basic Law.
Irrespective of the fact that there is no provision for a welcome by handshake, the behavior of the plaintiff justifies the assumption that he does not sufficiently respect female comrades and jeopardizes the operational capability of the Bundeswehr. There is considerable doubt that a soldier who shuts hands with women is ready to stand up for female soldiers.
An application for an appeal against the verdict was rejected by the court.
(Az .: 10 A 11109/19)
