The Human Rights Defender of Armenia received complaints concerning
the issue of providing proper medical examination to the conscripts and the
right of deferment from conscription for mandatory military service due to
health condition. Taking into consideration the examination of the complaints,
the Human Rights Defender presented his recommendations in 2019 Annual Report.
1. In every case of the disagreement of
the conscript with the examination on the suitability for military service
provided by the military commissariat’s medical commission, he should be entitled
for an examination by the Central Medical Commission,
2. additional medical examinations
should also be carried out before the double expertise in case the medical
records are substantially different;
3. if examinations results of own
initiative and via the military commissariat referral are substantially
different that may cause a possible change in suitability for military service,
the conscript should be referred for an additional examination;
4. in order to properly carry out the
expertise, the medical examinations should be conducted with more targeted tools
by ensuring the effectiveness of the procedure and obtaining detailed and
precise information on the health condition of conscripts (for example, replace
computed tomography scan (CT)
with magnetic resonance imaging (MRI));
5. to
submit a conclusion on the conscript’s all health problems, even if there are
grounds to grant him a deferment due to one of the health issues;
6. to prescribe that obtaining of the fifth
disease during military service is a ground for reviewing the suitability for
the military service;
7. to
define the maximum number of conscripts for conducting a health examination
within a day;
8. to
prescribe by the Government Decree No. 405-N of April 12, 2018, that the person
who is being examined may engage a relevant specialist as a consultant at the
sessions of medical and military-medical commissions;
9. in order to determine the actual health status
of conscripts with Raynaud syndrome, their medical examinations and expertise
should be organized during winter conscription period (when determining the
deferral period, one should consider that depending on the weather the results
of examination for the disease can differ significantly), taking into account
that the Central Medical Commission has a discretion to provide a deferral for
one year and that the mentioned disease is manifested mostly in cold weather;
11. review the regulation of Government
Decision N. 405-Ն
of April 12, 2018, and stipulate that when additional examination is not
completed during the conscription period, the conscripts are recognized as in
need of treatment, and they are given deferment until the next conscription
period;
12. introductory and descriptive parts,
justification of the conclusion on the health condition of the citizen, the
diagnosis, as well as the concluding part should be filled-in completely;
13. the oversight over the activities
of military commissariats, medical institutions, military hospitals, medical
and military-medical commissions should be strengthened in order to ensure the
right of citizens to receive medical documents.
It should be noted that the protection
and promotion of human rights in the Armed Forces is one of the key directions
of the daily work of the Human Rights Defender.
For protection of the rights of
servicemen and their family members you can apply to the Defender by the following
phone numbers: 116 or 096-116-100 operational 24/7.
More details on the topic are available
in the Annual Report (pages 480-492).
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