Ukraine proposes to tighten rules for obtaining mobilisation deferment for caregivers of people with disabilities

Legislative changes are being prepared in Ukraine that could make it more difficult for certain categories of liable persons to obtain a deferment from mobilisation. The initiative concerns parents of children with disabilities, spouses of people with disabilities, and men who care for sick relatives. Meanwhile, the proposed restrictions have not yet entered into force.

Source of information and essence of the proposals

Human rights defender and former Minister of Social Policy Lyudmyla Denysova reported on the possible review of the rules. According to her, the Ukrainian Centre for Human Rights Protection received a response from the Office of the Military Ombudsman regarding legislative proposals.

The changes provide for stricter requirements for confirming the grounds for a deferment. In particular, it may be taken into account whether the liable person provides constant care for a relative and whether other family members are capable of providing such assistance.

Who may lose the right to a deferment

If the proposed changes are adopted, the new restrictions may apply to several categories of men.

In particular, this refers to:

• Parents of children with disabilities under the age of 18. Additional conditions regarding the composition of the family and the presence of other persons responsible for raising the child may be introduced for obtaining a deferment.
• Parents of children with severe illnesses who have not been certified as disabled. A review of the deferment conditions is also proposed for them.
• Husbands and wives of people with Group I and II disabilities. The fact of marriage alone may not be sufficient — proof of constant care may be required.
• Spouses of people with Group III disabilities in cases specified by law.
• Persons who have parents with Group I or II disabilities. The right to a deferment may be linked to the actual provision of constant care.
• Citizens who care for sick relatives. It is proposed to take into account the presence of other family members capable of providing care.
• Relatives of the second and third degrees of kinship who care for people with Group I or II disabilities. For some of these citizens, the grounds for a deferment may be restricted or cancelled.
• Guardians of persons declared incapacitated by a court. Additional requirements regarding the absence of other guardians may be introduced.

Reasons for reviewing the rules and reaction of human rights defenders

According to Denysova, the Office of the Military Ombudsman explains the need to review the legislation by the differences between the grounds for obtaining a deferment and exemption from military service.

In particular, current regulations allow obtaining a deferment due to a family member's disability in certain cases without mandatory confirmation of constant care.

However, the human rights defender criticised this approach. In her opinion, stricter requirements may restrict the rights of families that include people with disabilities or severe illnesses.

Denysova emphasised that people with disabilities often require regular assistance from close ones, even if the need for constant care has not been officially established.

Will already issued deferments be cancelled

Currently, the new restrictions are not in effect. This refers only to legislative proposals that still have to go through the procedure of consideration and adoption.

Therefore, there is no automatic cancellation of already issued deferments due to these proposals.

The Ukrainian Centre for Human Rights Protection plans to address the relevant committee of the Verkhovna Rada with remarks regarding the possible narrowing of the rights of families caring for people with disabilities.

Until the adoption of the relevant legislative changes, the current grounds for deferment from mobilisation remain in force.