From mandatory military service to voluntary service

Abstract

This paper highlights a need to make a transition from a compulsory military service to voluntary-and-professional enlistment in line with the new way of state established by Constitution in 1991, whose cornerstone is the constitutional value and principle as a function of basic right of dignity of the human being. Faced with this view there are some countries having done this transition, evidencing that modern states don’t require the compulsory military service since its abolition is not a detriment to security; otherwise, a professionalization of this job could result in a more effective defense and security. This paper also addresses a formula that could solve the defense and security issues of the Colombian state thanks to active military reserve members that, in the event of war, would supply the lack of youth forced. Finally, an analysis of the Constitutional Court rulings against the enforceability of this standard as well as ending this obligation from a conscientious objection and a legislature absence to rule this voluntarism despite the recommendation by the Constitutional Court.

Keywords

• servicio militar obligatorio
• objeción de conciencia
• estado social de derecho