It's against gender equality to draft men. But it is part of the constitution.

Is there any possibility to "attack" the constitution by going to a judge? Isn't gender equality part of the EU law set, so actually the constitution is actually breaking laws?

The military conscription is in my eyes very discriminating, useless, costs a lot, brakes males development (they could have worked, traveled or studied instead) and against equality. Furthermore you have to be checked by a random doctor (no self-determination about your own body), you have to go to an IQ-test (because there actually are people to stupid for the military conscription?) and then you have to sign a document, that you lose some of your rights, like you may not demonstrate or talk bad about the military and so on. If you don't want to, you have to do some social work.

Is there any possibility to attack this law? And how to (where should I go to with this)?

Thank you very much in advance!

  • Note that this is currently a theoretical question: While the draft is formally in force in Denmark, since 2010 no male has been drafted against his will, as there were always enough volunteers. This may change in the future, of course.
    – sleske
    Commented Oct 19, 2015 at 9:34
  • @sleske but you still have to go threw a lot of medical tests, an IQ-test and be there at that day. And I have actually heard of one (just one) who had been drafted against his will. Commented Oct 19, 2015 at 13:58

1 Answer 1


Here is a summary of EU law on gender equality. Have a look at Section 3.4; there is an exemption allowed when the specific tasks require either men or women and there have been specific decisions both ways. The Royal Marines were allowed to exclude women from specific roles; the Bundeswehr were not allowed to make a general exclusion of women.

It is certainly arguable that a provision allowing the conscription only of one sex is unlawful.

If you are serious about challenging this law then be aware that it will take a lot of time, money and may put your liberty at risk. It is likely to take considerably longer than your period of service to take this through the court system; ultimately this is the sort of thing that will end in the highest court in Denmark. You may be spending time in goal waiting for the outcome.

If you want to go through with this you should consult a lawyer who is expert on constitutional law.


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