The Ukrainian Bar Association Committee on Constitutional Law, Administrative Law and Human Rights has submitted an official appeal to Dmytro Lubinets, the Ukrainian Parliament Commissioner for Human Rights, and to the Working Group on the Protection of the Rights and Freedoms of Civilians, regarding the legal situation that has emerged following amendments to the Procedure for establishing a causal link between disability and war-related injuries or other health conditions, approved by Cabinet of Ministers Resolution No. 306 of April 25, 2018.

As noted in the appeal, in October 2024, the Cabinet of Ministers adopted Resolution No. 1186, introducing changes to the existing Procedure. Under the revised provisions, individuals who sustained injuries on temporarily occupied territories of Ukraine as a result of explosive hazards are no longer eligible to have their disability officially recognized as war-related. In effect, this provision denies those affected the ability to obtain the official status of “person with a disability as a result of war” and, accordingly, to access state benefits and social guarantees provided by law.

The UBA Committee emphasizes that this legislative change violates several fundamental provisions of the Constitution of Ukraine—in particular, Articles 21, 22, 46, and 49, which guarantee equality of rights, social protection, and access to medical care. Moreover, the new provisions are discriminatory in nature and inconsistent with Ukraine’s international legal obligations, including the UN Convention on the Rights of the Child, which requires equal access to medical and social support for children, regardless of their place of residence or location.

According to the Committee, dividing victims based on territorial criteria constitutes a clear form of discrimination. Such a narrowing of the scope of human rights and freedoms is unacceptable and directly contradicts the jurisprudence of the Constitutional Court of Ukraine, which has repeatedly underscored that legislative amendments must not result in the restriction of already guaranteed rights.

In its appeal, the UBA urges the Commissioner for Human Rights to facilitate the review of paragraph 3, clause 5 of Resolution No. 1186 of October 15, 2024, and to initiate amendments to Resolution No. 306 of April 25, 2018. The proposed changes aim to:

• Prevent violations of citizens’ rights,
• Ensure adequate protection for all victims, including children from temporarily occupied territories, and
• Restore the principle of justice in access to government assistance.

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