C-659/16

The limits on the activities that women can perform during voluntary military service are unconstitutional.

The limits on the activities that women can perform during voluntary military service are unconstitutional.

The Constitutional Court declared contrary to the Constitution an article of Law 48 of 1993 referring to the service of recruitment and mobilization of women who provide military service. The Court indicated that the measures that limit the activities that women can perform during voluntary military service are based on stereotypes that imply that women are not suitable for military activities. Consequently, the Court said that the measures that limit the exercise of military activities to women are unreasonable and disproportionately constitutional and contrary to the values ??and principles of an egalitarian society and encourage patriarchal models of domination and violence against women. .
 
The Court held that it is about ensuring that the activities carried out by each person in the military service must be determined based on the needs of the service, according to objective and reasonable criteria, that take into account the characteristics of each person individually considered. But not based on the criterion of sex, because it would be a suspected category of discrimination.

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