Additional conditions for deferral: The Office of the Military Ombudsman has proposals, Denezova points out the risks
In Ukraine, the Office of the Military Ombudsman has prepared draft legislation that could add requirements for deferment from conscription for parents of children with disabilities, spouses, and relatives of people with disabilities, up to 18 years old. Людмила Денісова warned that this could narrow existing guarantees, and that approximately two thousand military personnel with children with disabilities have served in the Armed Forces and parts of the Ministry of Defense; the law has not yet been adopted.
Currently, the discussion is limited to legislative proposals prepared by the Office of the Military Ombudsman. The relevant law has not yet been passed, so the existing grounds for deferral continue to be applied. The initiative was explained by Lyudmila Denisova, the head of the Ukrainian Human Rights Protection Center.
The proposals concern parents of children with disabilities under age 18. If there is one such child and both parents, the right to deferment based on this reason may be limited. The right to deferment is maintained in cases where the child has no other guardian, or when there are two underage children in the family, one of whom has a disability.
Additional conditions may also apply to parents of children with severe illnesses who have not been granted disability benefits. They will assess whether the child has other individuals responsible for their care, as well as whether there are other minor children in the family.
New rules may also apply to those who are married to a person with a disability. Currently, the basis for a postponement is disability of Group I or II in the husband or wife. The proposals add a condition regarding constant care. If it is about disability of Group III, this requirement is only intended to be applied in specific cases, as defined by law, such as in certain diseases or health conditions.
The obligation of continuous care may also apply to individuals whose parents have disability of group I or II. The same applies to cases where the parents of the husband or wife have such a disability.
Specific restrictions may be imposed on citizens who care for sick relatives, those who care for incapacitated family members, as well as for relatives of the second and third degree of kinship. In particular, relatives of the third degree are offered to abolish a specific ground for deferral, while for other categories, the terms are to be reviewed.
The need for changes in the Office of the Military Ombudsman is explained by the fact that the grounds for deferral and discharge from military service are different. According to the agency, this creates inequality in the rights of citizens. Denezova agrees that the law should ensure equal rights, but believes that this should not come at the expense of the guarantees that already exist for families with children and adults with disabilities.
The Ministry of Defense informed the Ukrainian Human Rights Protection Center that approximately two thousand military personnel serving in the Armed Forces of Ukraine and in military units subordinate to the Ministry of Defense have children with disabilities under the age of 18. Previously, Draft Law No. 15057 proposed broader grounds for discharge for this category, but the Ministry of Defense did not support the document. According to Denisova, the approach is now different: instead of expanding guarantees for military personnel with children with disabilities, additional restrictions are being proposed for the remaining parents who are entitled to deferment.
The potential requirement for constant care also raises concerns. Denisova emphasizes that people with disabilities may need regular assistance from family members even when they have not been officially deemed in need of constant care. She also notes that the proposed changes may lead to some children and adults with disabilities losing the support of their loved ones, as the provided documents do not adequately assess this.
The Ukrainian Human Rights Protection Center is preparing a statement to the relevant committee of the Verkhovna Rada with comments on the proposals. Denisova urged citizens to report which provisions are of greatest concern, what family circumstances were not taken into account, and what should be added to the statement. The collection of proposals will continue until the end of October 13 2026 year.