The
medical commission considers the diseases of conscripts separately, and does not
evaluate their combined impact on their health. As a result, conscripts are
considered suitable for military service with restrictions.
According
to the current legislation, the issue is that if a conscript has more than five
diseases (which provides military service restriction), he receives a deferment
from military service. In fact, the current regulations provide for a
"quantitative set" of diseases, while it is imperative to have a “qualitative
set" of diseases.
The
failure to define a "qualitative set" of diseases leads to a
situation where the medical commission evaluates these diseases individually
and not as a whole. As a result, the person is conscripted into the military
service. However, in the case of conscription, the conscript's actual health
condition may not allow him to perform his military duties fully; there is even
a high probability that during the service, the existing diseases will
aggravate, or even the person will acquire a disability.
Similar
complaints are received mainly during the process of conscription.
The
studies conducted by the Human Rights Defender prove that along with the
quantitative range of diseases, it is necessary to define a "qualitative
set of diseases" as a systematic mechanism for a person's health condition
evaluation during conscription.
The
state determines the criteria for the health and suitability of conscripts, but
conscripts should be physically and mentally prepared for the difficulties of
changes due to the specifics of military service.
It is
important that health citizens are conscripted, and in case of specific health
problems, special attention should be paid whether they are compatible with
military service and do not to become a disproportionate burden for the
servicemen.
The
issue has been raised for years by the Human Rights Defender both in the annual
reports and during discussions with the competent subdivisions of the Ministry
of Defense and General Staff of Armed Forces.
It is
clear that the implementation of this proposal is complex and assumes the
prediction of special mechanisms to determine the qualitative criteria of
health condition evaluation. However, given that the issue is about the proper
examination of conscripts and the positive obligation of the state to maintain
the health condition of servicemen during military service, the state bodies
are obliged to establish such mechanisms for health evaluation, due to which it
will be possible to determine whether the qualitative combination of the
conscripts' or servicemen's health problems will allow them to perform their
military duties properly and will not lead to aggravation of health problems.
The
complaints addressed to the Human Rights Defender also raised another issue.
According
to the N405-ն Government Decision of April 8, 2018, those conscripts who have
been declared suitable for military service with limitations with 5 and more
different diseases (quantitative set), are recognized as is need of treatment
and are given a deferral for up to 1 year to receive treatment.
However,
the law does not provide for exemption from military service, when, for
example, a person acquires a 5th disease during the service. As a result,
conscripts who have similar health conditions receive deferrals from mandatory
military service, while those conscripts who health condition worsens during
the service do not.
Hence,
it is necessary to consider that the acquisition of a 5th disease during
military service should serve as a basis to reconsider the suitability of a
person to continue the service.
The
proposals of the Human Rights Defender will be officially sent to the National
Assembly, including to the relevant committees and factions, as well as to the
Ministers of Defense and Justice.
The
details are also included in the 2020 Annual Report of the Human Rights
Defender.
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