ABILITY TO SERVE AS AN ENTRY CONDITION TO THE UNIFORMED SERVICES
The psychological and physical fitness of acandidate to the uniformed services is an important entry criterion assessed during the recruitment process. The initial medical examination is decisive in stating that aperson is able to perform the official duties. An applicant who fails to pass this examination is disqualified from the recruitment.
This article analyzes the legal position of the applicants in comparison to the servicemen who suffer the same illnesses. It explores both the legal framework and the powers of medical commissions in charge of medical testing of the future and present members of the uniformed services. In any case limiting or excluding the access to the uniformed services needs avalid justification and weighing the public versus individual interests at stake. It follows from the constitutional guarantee of equal access to the public service and the principle of equality before the law combined with the principle of proportionality.
Based on the case of apoliceman who was dismissed solely due to his HIV-positive status, adjudicated before the Polish Constitutional Court in 2009, the article points at risks of treating the whole class of infected or sick persons as unfit for the service notwithstanding their real medical condition. It challenges also the reasoning behind different treatment given to the applicants and present servicemen provided in the law and projected amendments to the law.