The requirement for a uniform minimum size for male and female police officers is discriminatory (case C-409/16). That is what EuropäischeGerichtshof has found in a new principle judgement. Only under very strict conditions should an exception be made, highest judges decided.
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A case was negotiated from Greece. Here, a police contender complained that a prescribed body size of 1.70 meters was inadmissible for all officials, wher men or women. Because she’s smaller, she got a rejection. The woman did not want to accept it and moved to court. She argued that rule against women, because y are often smaller than men by nature. Finally, question came before ECJ, and plaintiff’s judges followed: in fact, rule was “indirect discrimination”, because much more women than men would be given a disadvantage by handicap, Luxembourg judge.
This is not in any case prohibited by SE, but in order to allow a minimum size of sex independently, two furr conditions would have to be fulfilled: firstly, a legitimate objective – in this case, for example, functioning of police – and secondly, means be appropriate and necessary to achieve objective. That this is case, court doubted. This would have to be examined by national courts. Although certain activities in police might require special physical skills or conditions, not all of m. For example, in order to provide assistance to citizens as a police officer or a police officer, re is no minimum size of 1.70 metres required. The operation of Greek police could also be achieved with measures that would have fewer disadvantages for women. This would have to be examined by national courts.
The verdict should also have an impact on similar cases in or EU Member states. Here, too, question of wher re should be a minimum size for police officers is always an occasion for legal disputes. Recently, Administrative Court of Münster had allowed a minimum size for police service – if it is same for men and women.
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The police in North Rhine-Westphalia had hired women for many years from a body size of 1.63, but men only after a body size of 1.68 meters. On or hand, a 1.66-metre-tall man had been sued, who was rejected for two missing centimeters for a career in senior Police Enforcement service. He felt discriminated against, because in principle no difference was made in activities of police officers. In first instance, man was right, in second instance, court gave Lord a certain margin of manoeuvre and argued, above all, formally legal: because administration and not legislators had made different sizes, se generally prohibited.
At beginning of August, Administrative Court of Düsseldorf also decided that a 161.5 cm-tall woman should not be excluded from application for police because it is too small.
And re are more cases: at present, several complaints from police applicants and police applicants are pending at 6th Senate of Supreme Administrative Court, which are successful in each case against rejection due to ir Body size.
In Germany re are currently different requirements according to federal state: In matters, Saxony-Anhalt and Thuringia, for example, men and women have a minimum of 1.60 meters, in Berlin women must be 1.60 meters in size, men but 1.65 meters, in Lower Saxony a Minimum size of 1.63 meters for women and 1.68 meters for men. Bremen and Brandenburg, on or hand, rely on aptitude tests, and in Bavaria applicants who are smaller than minimum size of 1.65 meters can receive an exception via a previously requested performance test.
With material from DPA
