The Aggressive Curtailment of Conscription Exemptions in Ukraine
Thus, the Law of Ukraine “On Mobilization Preparation and Mobilization” was amended in 2005 with Article 23, during Ukraine’s first revolution (Orange Revolution), to include, among others, the right for members of the Ukrainian parliament and deputies of the Supreme Council of the Autonomous Republic of Crimea to defer conscription during mobilization.
In 2014, following the second revolution (Euromaidan), the aforementioned article was supplemented with a new section according to Law No. 1575-VII of July 3, 2014, establishing that full-time students are also exempt from conscription for military service during mobilization and special periods.
In 2022, following a large-scale invasion, the article was further amended to exempt individuals with a spouse with disabilities and/or one of their parents or the spouse’s parents with a disability of group I or II from conscription during mobilization (paragraph eleven of part one of Article 23 in the version of Law No. 2122-IX of March 15, 2022).
However, in 2023, the rights granted were narrowed, and individuals with a spouse with a disability and/or one of their parents or the spouse’s parents with a disability of group I or II were granted the right to exemption from conscription only under the condition that such individuals with disabilities do not have other able-bodied individuals legally obliged to support them (paragraph eleven of part one of Article 23 in the version of Law No. 2122-IX of March 15, 2022; with amendments made according to Law No. 3161-IX of June 28, 2023).
Despite the explicit prohibition set forth in Article 22 of the Constitution of Ukraine, the authorities have narrowed the content and scope of the existing rights and freedoms of citizens.
It is reminded that constitutional rights and freedoms are guaranteed and cannot be abrogated. The introduction of new laws or amendments to existing laws must not reduce the content and scope of existing rights and freedoms.
Thus, while amendments to laws may introduce additional human rights and freedoms, the reduction in the content and scope of existing rights and freedoms is not permissible.
Currently, there are attempts to narrow the rights of students by amending the aforementioned article of the Law of Ukraine “On Mobilization Preparation and Mobilization,” which continues the policy of violating the Constitution of Ukraine and human rights.
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