Helsinki Citizens' Assembly-Vanadzor

The problem of conscription finds no solution; with the support of HCAV, the violated rights of a conscript have been restored

February 17, 2025

Right to Protection of Health | Activities | Legal Support | Rights | Project։ Protection of the rights of conscripts and servicemen | Success stories

On December 23, 2024, conscript A.B. applied to HCAV to protect his rights. The latter had reported that he wanted to undergo a medical examination at the “Vanadzor MC” at his own expense. Still, he was refused with the justification that “they have a clear order from the Ministry of Health of the RA”, that without a corresponding referral from the territorial subdivision of the RA Ministry of Defense’s Conscription and Mobilization Service, persons of conscription age do not have the right to be examined, even in cases of need for first aid. 

 

HCAV has repeatedly raised this issue. The conscripts who have applied to the Organization, note that all medical facilities cite the mentioned order of the Ministry of Health of the RA, even though it is enshrined in the Constitution of the RA, Article 85, paragraph 1, that everyone has the right to health. 

 

The conscript not only did not have the opportunity to receive medical aid at the “Vanadzor MC” but also  to  acquire the examinations of his health condition on the ARMED application, as they had not been uploaded in the app. On December 17, the conscript was informed by the Lori regional department of the RA Ministry of Defense's Conscription and Mobilization Service that they were not authorized to provide him with copies of the examinations. 

 

On December 23, the conscript applied to HCAV with a complaint that he had not undergone a complete medical examination and was recognized fit for military service with restriction without being present in the session of the Central Medical Commission. 

 

With the support of HCAV, the conscript applied to the RA Ministry of Defense's Conscription and Mobilization Service to acquire the results of the medical examinations in written form. The Organization applied to the Ministry of Health of the RA, recording that during the organization and implementation of the conscription, A.B. and generally the other conscripts as well, encounter the problems of not receiving complete and adequate health care, which results in the violations of their rights. 

 

In December 2024, A. B. got a summons for the conscription of the military service, however, he refused to accept the summons and join the army, as the results of the medical examinations did not completely and objectively represent the real condition of his health. The conscript was referred for double medical examinations, as a result of which, at that time, the conscript was granted deferral for one year. 

 

In fact, for years, we have encountered situations, when the decision about the fitness of a conscript who has health problems is made based on incomplete medical examinations, since, on the one hand, the health problem is not discovered during the conscription, and on the other hand, the conscript does not have the opportunity to undergo a medical examination at his own expense. As a result, due to the state's failure to properly fulfill its obligations, cases are recorded when a conscript is recognized as fit for military service despite having serious health problems, as a result of which he faces the problem of deteriorating health during military service, which in some cases leads to more serious consequences. 

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