Complaints
addressed to the Human Rights Defender of Armenia serve as evidence that in
some cases, ex-servicemen who contracted a disease during their military
service do not enjoy the right to free medical care and service because of the
legislations.
The
studies of the Human Rights Defender prove the following.
1. Citizens
having completed compulsory military service during which they contracted a
disease, which, however, did not serve as a proper ground for declaring them
unfit for service, but who were discharged due to completing the term, do not
enjoy the right to free medical care.
2. Citizens
who have completed compulsory military service, and were to receive medical
care during their military service but did not, do not enjoy the right to free
medical care.
3. Persons
discharged due to mutilation, injury, or disease acquired during military
service, and who, however, were not categorized into a disability group through
socio-medical examination, enjoy the right to hospital medical care and
services only within the framework of an individual rehabilitation program
developed by a competent state body in the field of medical and social
examination.
4. Contract
servicemen who were dismissed from military service by getting transferred to
the reserve forces not due to long-term service or due to mutilation, injury,
or disease, but due to completing the term of their service, do not receive
free medical care even if they contracted the disease during their military
service.
For
years, the following issue has been raised by the Human Rights Defender both in
the annual reports and during discussions with the competent subdivisions of
the General Staff of the Armed forces and the Ministry of Defense.
aIt
should be noted that thanks to the discussion of a number of complaints and
cooperation with the competent authorities, ex-servicemen are practically
provided with free medical care and services.
Whereas,
the problem is far more serious and systemic; because of the current
legislation, people constantly have to face obstacles.
The
Human Rights Defender does not only identify the issues but also presents
concrete ways on how to solve them. Thus:
According
to the Defender, clear legislative regulations are needed, in terms of ensuring
the rights of citizens and offering a complete solution to the problem. In
particular, it is necessary:
- to
establish that in case of detecting disease (for which treatment is required)
among conscripts who are getting dismissed from compulsory military service due
to completing the term, the servicemen will be provided with free medical care
and services;
In
case the health problems of the servicemen in need of a planned treatment or
surgery are not solved during their military service, the indicated treatment
or surgery should be performed free of charge after their discharge from the
military service;
- to
stipulate by a legislative amendment that persons discharged due to mutilation,
injury, or a disease acquired during their military service enjoy the right to
hospital medical care and services, whether that person has disability or not,
- to
also stipulate that former contract servicemen enjoy the right to free medical
care and services for acquiring mutilation, injury, or a disease during their
military service, regardless of the grounds for dismissal from military
service.
Taking
all these into consideration, the Human Rights Defender will formally send
proposals to the Standing Committee on Defense and Security of the National
Assembly, including sectoral committees and factions, as well as the Ministries
of Defense and Justice.
The
Details are included in the 2020 Annual Report of the Human Rights Defender.
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