Military law and the rights of people with disabilities: a possibility for approach

DOI: https://zenodo.org/records/17433721

Abstract

This article analyzes the relationship between Military Law and the protection of the rights of people with disabilities, in light of human rights and the principle of dignity. The legislative body analyzed the main legislation regulating this matter, such as the 1988 Constitution, the Military Service Law, the Military Statute, and the Statute of Persons with Disabilities. The research highlights that, among all the agencies that conduct public examinations, the Armed Forces do not reserve vacancies in their selection processes for people with disabilities, leaving the Judiciary to address the issue. The conclusion is that someone cannot simply be excluded because of a disability: capacity must be assessed on a case-by-case basis, fairly and without prejudice. Ideally, military institutions should offer the necessary facilities to accommodate people with disabilities, as well as provide retraining or rehabilitation, ensuring respect and dignity for those who dedicate themselves to their careers, even after acquiring a disability.