Helsinki Citizens’ Assembly-Vanadzor

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Proposals regarding legislative changes ensuring safeguarding of servicewomen’s rights

March 29, 2024

Activities | Law Enforcement Practice Analysis | Civilian Oversight and Monitoring | Legislative Proposals and Analysis

According to part 1 of Article 26 of the RA Law on Military Service and Status of a Serviceperson,

in the frame of a declared call-up of privates for compulsory military service, appointment of service location fօr private servicewomen is done without drawing lots, in a procedure established by the order of the RA Defense Minister.

Taking into account that currently only one battalion of women operates in the RA armed forces, it is not applicable and logical to assign places of service for private servicewomen serving compulsory military service by drawing lots.

At the same time, considering the issue in the context of long-term results, we find that it is necessary to develop and introduce a mechanism, whereby it will be possible to view implementation of military service of both servicemen and servicewomen in the same battalion (for example, in the USA, servicemen and servicewomen participate in training gatherings together).

To achieve this goal, it is necessary to take efforts to strengthen legal equality among servicemen and servicewomen, and the principle of prohibition of sex-based discrimination.

According to part 2 of Article 26 of the RA Law on Military Service and Status of a Serviceperson, when assigning military service places for privates serving compulsory military service, their education, level of fitness for military service, as well as “other conditions established by the law” (which are not specified in the law) are taken into account.

To specify, in part 2 of Article 26 of the RA Law on Military Service and Status of a Serviceperson, the principles based on which the formulation “and other conditions established by the law” is defined, in particular, to specify what other conditions are taken into account, in addition to education and the degree of fitness for military service, when appointing places of military service for servicepersons serving compulsory military service.

Along the provision of women voluntarily joining compulsory military service established in clause 1 of part 4 of Article 5 of the RA Law on Military Service and Status of a Serviceperson, there are no established regulations addressing women’s physiological features, such as the procedure for health state examination of servicewomen during pregnancy, regulation on volumes of service obligations.

Thus, it is necessary to establish in the RA Law on Military Service and Status of a Serviceperson the procedure of health state examination of pregnant servicewomen during their term military service.

It is recommended to specify the procedure of military obligation of pregnant servicewomen serving their term service, clarifying, whether in case of pregnancy, a servicewoman continues to be in military service and if yes, until when (which week of pregnancy), in what conditions, in what day schedule, what level of physical workload.

At the same time, it is necessary to establish a list of physical exercises for pregnant servicewomen serving term military service, based on instructions of doctor specialists regarding limitation of workload.

Further, it is necessary to establish the relevant procedure in legislation for suspending servicewomen’s military service in case necessary during pregnancy.

Part 4 of Article 53 of the Law on Military Service and Status of a Serviceperson establishes that “Pregnancy and delivery, as well as childcare leave is counted during the uninterrupted length of a servicewoman’s service to establish their position rate, granting a regular military rank (except for the period of childcare leave), the size of monetary assistance when being released from military service, and calculating military pension”.

Part 5 of Article 15 of the Law on Military Service and Status of a Serviceperson lists the periods not counted when granting a serviceperson with a regular military rank. Pregnancy and delivery leave is not mentioned in the provision, which means that it can be counted when granting a regular military rank to a servicewoman.

Based on the aforementioned and the factual problem of not using the opportunity of service promotion due to physiological features, it is necessary to establish, in law, the provision of counting childcare leave of servicewomen on pregnancy and delivery leave for granting them a regular military rank.

Read the other recommendations at https://hcav.am/en/womeninarmy-29-03-2024/