Author: Tetiana Palamar

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Response stories

Refusal to provide emergency medical care due to drug addiction

Kateryna turned to the trauma center to receive external medical assistance. Her roommate smashed a woman’s head during another quarrel. However, after hearing that Kateryna was a drug addict, the doctor refused to stop the bleeding and apply stitches, arguing that the woman had no money. The doctor said that as soon as the patient has money, he will be able to provide help. Moreover, the doctor emphasized that “treating drug addicts is a double risk because one can catch some kind of infection,” and he is not going to risk his life for the sake of the patient.

Bleeding, Kateryna was forced to call an ambulance herself, after which she was taken to the other end of the city. As a result, the woman lost a large amount of blood and after receiving the necessary help, it took a long time to recover and regain consciousness.

After some time, the client turned to the paralegal of the partner organization, who immediately came to Kateryna in the hospital and provided psychological help on the spot. Later, together with the REAct documentator, the client wrote a statement to the chief physician regarding the actions of the traumatologist, who did not provide Kateryna with emergency medical care. After considering the application, the doctor was reprimanded and informed of possible criminal liability under Article 139 of the Criminal Code of Ukraine. In addition, the hospital management obliged the doctor to attend training on overcoming stigma and discrimination to prevent similar cases.

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Response stories

Protection of client rights at the AIDS Center

Artem turned to the REAct documentator about the actions of a doctor at the city’s AIDS Prevention and Control Center. The man said that he was systematically asked for money in the form of charitable assistance, and when he refused, the infectious disease doctor began insulting the client, emphasizing his status as an IDP. After another similar situation, Artem could not even get the necessary service and drugs.

The documentator visited an infectious disease doctor with the client’s consent, during which, according to the doctor, the AIDS Center introduced an additional fee for certain services. It officially provided her with estimates for taking tests from clients, which the clients allegedly have to pay for themselves. However, the doctor refused to give this price for photography.

Regarding the verbal insults towards the client, the woman replied that she expressed herself in a similar way because of her emotionality and promised not to allow herself to express herself in this way toward patients again.

Regarding the further payment of the tests, the documentator visited the chief physician of the AIDS Center, who explained that recently voluntary payment was indeed established for clients who can purchase reagents and tests for blood research. After the conversation with the head doctor, Artem received all the necessary blood test results, the ART scheme, and the necessary drugs.

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Lawyer’s advice Useful materials

The issue of mobilization of persons in wartime (part 2)

General mobilization is underway in Ukraine. But not all persons can take part in military operations due to their health. There are cases when the state of health makes a person unsuitable for a significant load, including during military service, but there are persons who are unfit for military service at all, and there are others who are unfit for it in peacetime, but limitedly fit in wartime. What such a person can do should be decided to take into account individual contraindications according to the medical board. This issue is relevant for representatives of key communities, especially those such as PLHIV, PLHIV, PWID, or OST patients who need regular treatment according to their health status.

As the analysis of reports of violations of rights shows, sometimes there are cases when the project’s community clients encounter situations when conducting mobilization activities on call for a summons for taking into account, which causes them to have doubts about the legality. For example, when they were deemed ineligible for military service because of their HIV status, hepatitis, or tuberculosis, but were informed that they were of limited fitness. Therefore, let’s consider the issue of fitness, unfitness, or limited fitness of a person for mobilization depending on the state of health according to the law.

First, it should be noted that a number of diseases (and, accordingly, a person’s state of health) are an obstacle to completing military service in peacetime, but during a state of war, this list is significantly reduced. Thus, the Law of Ukraine “On Military Obligation and Military Service” dated March 25, 1992 No. 2232-XII directly provides for the military registration of conscripted citizens who, due to their state of health, are recognized as unfit for military service in peacetime, and with limited fitness in wartime.

The conscription of conscripts for military service during mobilization is carried out in accordance with the procedure established by the Law of Ukraine “On Mobilization Training and Mobilization” dated October 21, 1993 No. 3543-XII, which requires conscripts to appear on call at the territorial recruitment center and social support for military registration, determination of their possible destination. This raises the question of who is subject to conscription during mobilization and who is not.

The list of persons not subject to conscription is defined in Article 23 of this Law. Thus, citizens of Ukraine who:

  • recognized by the results of a medical examination as unfit for military service due to health conditions, with exclusion from military registration;
  • recognized in the prescribed manner as persons with disabilities or, in accordance with the opinion of the Military Medical Commission (MMC), temporarily unfit for military service due to their health for a period of up to six months (a postponement will be granted with the subsequent passing of the MMC)

The list of diseases that give a conscript the right to a postponement or to receive a certificate of unfitness is contained in the Order of the Ministry of Defense “On the Approval of Regulations on Military Medical Examination in the Armed Forces of Ukraine” dated August 14, 2008 No. 402. The list of such diseases is developed in accordance with the requirements of the International Statistical classification of diseases (ICD-10). This is a rather voluminous document, and in particular, it includes the following types of diseases that may be relevant to the attention of community representatives.

Tuberculosis

Persons with active tuberculosis of the lungs with the release of mycobacteria, or active, progressive tuberculosis of other organs of extrapulmonary localization are unfit for military service with exclusion from military registration.

Persons with active pulmonary tuberculosis without the release of mycobacteria, or extrapulmonary tuberculosis during the main course of treatment, are unfit for military service in peacetime and are limited fit for wartime.

Persons with clinically cured tuberculosis are also unfit for military service in peacetime, and limited fit in wartime. Unfitness for military service or limited fitness is determined individually.

Hepatitis

Unfit for military service with exclusion from military registration is only persons suffering from severe forms of viral hepatitis, which are difficult to treat and significantly disrupt the functions of organs and systems of the body.

Viral hepatitis with persistent moderate impairment of organ functions makes a person unfit for military service in peacetime but limitedly fit in wartime. Unfitness for military service or limited fitness is determined individually by the MMC.

Viral hepatitis without impairment of function or with minor impairment of organ function makes a person fit for wartime. Fitness for military service or limited fitness of a person is determined individually by the MMC.

HIV

Persons with a disease caused by HIV, which is accompanied by infectious, parasitic diseases, malignant tumors, and other specified diseases (B20-B22) are unfit for military service with exclusion from military registration.

Persons with a disease caused by HIV, which is accompanied by another condition (B23, B24) are unfit for military service in peacetime but have limited fitness in wartime. Unfitness for military service or limited fitness is determined individually. Persons with asymptomatic carriers of HIV are also of limited use in wartime.

Mental and behavioral disorders due to the use of psychoactive substances (F10 – F19)

Persons with addiction syndrome with severe, persistent mental disorders are not suitable for military service with exclusion from military registration.

Individuals with dependence syndrome with moderate or minor mental disorders are unfit for military service in peacetime, but limited fit in wartime

To confirm the state of health, a person must present documents to the territorial recruitment and social support center, including medical reports from the relevant healthcare institution, and undergo a medical examination at the MMC. But remember that only the relevant military medical commission (MMC) has the right to make a conclusion about unfitness for military service.

The medical examination is conducted by the MMC and includes the study and assessment of the state of health of such a person. Each conscript must be examined by a surgeon, therapist, neurologist, psychiatrist, ophthalmologist, otorhinolaryngologist, dentist, dermatologist, and, if medically indicated, by doctors of other specialties.

During the examination of conscripts, doctors are obliged to determine their state of health and degree of suitability for military service. At the same time, the nature of the person’s illness or physical disability, the degree of their development, functional impairments, and the requirements that the military service places on the state of health must be taken into account.

After the examination, each doctor records in the conscript’s registration card (at the assembly point – in the medical examination card of the conscript at the assembly point) a conclusion on suitability (temporary unfitness or complete unfitness) for military service, the corresponding article of the schedule of diseases, the date of the examination and signs the conclusion indicating his surname and initials and seals with a personal seal. Based on the results of a medical examination by specialists, the responsible doctor – a member of the commission makes a final decision regarding the conscript’s fitness for military service, which is sealed with his signature and the doctor’s personal seal.

In the event that it is difficult for doctors to determine the conscript’s state of health, he can be sent for an outpatient or inpatient examination in a medical and preventive institution.

According to the results of a medical examination of a person, the MMC may make one of the following decisions:

  • suitable for military service.
  • temporarily unfit for military service, in need of treatment (in wartime, conscripts can be deferred from conscription for a period of up to 2 months due to their health, and for medical reasons, it can be extended for 2 months and for the third time – for the same period). After the end of the postponement, a second medical examination must be conducted to decide the issue of further fitness for military service.
  • is subject to referral for an additional medical examination and a repeat medical examination (with an indication of the date of the examination).
  • unfit for military service in peacetime, limited fit in wartime, and subject to registration as conscripts.
  • unfit for military service with exclusion from military registration, subject to exclusion from military registration.

In controversial matters, when the person who is being mobilized does not agree with the conclusions of the doctors of the commission, he can also be sent for a control examination at a military medical institution. Also, in such a case, she has the right to challenge the conclusion of the local MMC and demand the Central MMC to carry out her examination. Also, in any case, a person has the right to appeal to the court in case of violation of his rights.

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Response stories

Illegal actions of doctors

Oleksandr turned to the REAct documentator with a request to provide advice and help to understand why the medical staff of the hospital where his wife is staying is constantly demanding to pay money and purchase additional protective materials for doctors, such as gowns, gloves, masks, medical tampons, bandages, gauze, etc.

The client explained that doctors systematically force her to buy or give money for the provided medical equipment and explain this by the fact that, due to the woman’s HIV-positive status, she needs more protective medical equipment than other patients of the hospital.

The documentator visited the deputy chief physician and the attending together with Oleksandr. After the visit, the head doctor explained that the medical institution is fully equipped. Therefore there is no need for additional purchases of medical protection and other equipment, so she does not understand why her subordinates take money from patients. In turn, she promised to pay special attention to this appeal, take strict measures, and stop such cases in the hospital.

In addition, the head doctor ordered the attending physician to take control of the patient, conduct a conversation with her and find out who, strictly, for what, and how much was receiving additional funds. The chief doctor also apologized for the actions of his subordinates and offered for Oleksandr to write a statement to the police on the facts of illegal activities by the doctors, but the man refused.

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News

International Sex Worker Rights Day | Operation of the REAct system

International Sex Workers’ Rights Day is celebrated every year on March 3. Everywhere, sex workers face manifestations of stigma and discrimination, prejudiced attitudes, which are complicated by the current normative regulation in Ukraine. The presence of administrative and legal responsibility for engaging in sex work increases the vulnerability of sex workers in terms of protecting their rights.

In 2022, the REAct system recorded 2,900 complaints about the violation of the rights of key communities, of which 162 complaints related to the violation of the rights of sex workers. 96% of applications were received from women and 4% – from men.

Most often, the rights of sex workers are violated by police officers – 36%, direct clients – 16%, employees of state medical institutions – 12%, sexual partners – 6%, and unknown persons – 4%.

86% of registered cases were solved completely or partially. 93% of the provided services were received by clients at the place of their application to the REAct project documentator (for more details on the provided services, see the graph below).

REAct is a system for monitoring and responding to violations of the rights of key communities. If your rights have been violated, report it and get help!

Apply if:

  • police officers demand money from you, force you to draw up/sign illegal protocols, conduct illegal searches;
  • You are subjected to physical and psychological violence by the police (moral humiliation, insult, coercion to cooperate, coercion to sex, rape, etc.);
  • one is trying to take away your child/deprive you of parental rights, referring to your type of activity;
  • You are being blackmailed, intimidated or have your freedom restricted;
  • You are refused medical services, referring to your type of activity.

You can get help from REAct specialists using chatbots and the Project website:

  • Telegram – REACT_APH_bot
  • Viber – Reactaph
  • Website – https://react-aph.org/report-about-human-rights-violations/
Services provided to sex worker clients accompanied by the REAct project.

Find more information about the work of the Project in the “Response stories” section at the link.

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Response stories

Assistance in passing the MMC

Since the beginning of the full-scale war, Anton volunteered for the Territorial Defense Forces of the Armed Forces of Ukraine without passing the Military Medical Commission (MMC). Later, he was sent to the front, where he received two concussions, after which the man developed numerous health problems.

Having arrived in Kyiv on vacation, the client began to demand that he be commissioned for his health, taking into account the contusions and the fact that the man uses PAS and has an HIV-positive status. However, the Territorial Center for Recruitment and Social Support categorically refused to send him to the MMC for further recognition as unfit for military service, thereby violating the relevant norms of the current legislation.

Having found himself in a hopeless situation, Anton decided to turn to the documentator of the REAct project with a request to help solve the issue of passing the MMC, since the state of health of the husband no longer allows him to pass further service. The documentator provided the client with initial legal advice regarding written appeals to the relevant authorities of the Ministry of Defense of Ukraine, explained the procedure for discharge from military service, and forwarded Anton to the bar association to involve a lawyer in the case. When a lawyer was involved, even at the stage of the pre-trial procedure, the client was declared unfit for military service with excluded from military registration.

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News

Results of the implementation of the REAct system in Ukraine (2022)

Despite the difficult conditions and full-scale war on the territory of our country, the REAct project continues to actively work and protect the rights of representatives of key communities.

In 2022, a total of 2,900 applications from 2,799 clients were registered. Of these, 89% of cases were fully resolved.

Most often, men (55%) and women (43%) face violations of rights, manifestations of stigma and discrimination in Dnipropetrovsk (670 cases) and Cherkasy regions (409 cases).

Key communities were most likely to experience denial of assistance or service (43%) and emotional abuse (27%).

The main violator of the rights of representatives of key communities traditionally remains the state (74%). The largest number of requests from clients were received regarding employees of state health care institutions (46%), the police (11%) and providers of state social services (7%).

See the infographic for brief statistics for 2022.

Remember that every person has the right to receive quality services and decent treatment. If you or your loved ones have suffered a rights violation, contact REAct specialists for free help:

Categories
Response stories

Stigma and contempt in the hospital

The REAct documentator was approached by an HIV+ client. The woman came for another examination by an infectious disease doctor, where she encountered a contemptuous and outrageous attitude toward herself. Halyna complained of pain in her liver, to which the doctor replied indignantly: “What do you want? You understand what awaits you!”. In each of his following words, a hint was felt that the woman has no future and she herself is to blame for this.

After each visit to this doctor, Halyna was depressed and needed psychological help.

After hearing this, the documentator provided the client with the necessary consultation and referred the woman to another doctor for further medical services. Currently, Halyna is completely satisfied with the new medical facility and receives timely medical assistance.

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Psychologist's advice Useful materials

Let’s learn how to rest to not get tired even more

Intuitively, we feel that work and rest are different experiences.

Work requires effort, concentration of attention, and expenditure of physical and mental energy. This leads to fatigue and a desire to have some period when the hormonal background, heart rate, and other physiological processes can return to their original level.

If this does not happen, our fatigue increases and the body is exhausted, affecting our health.

It’s not normal when at the end of the day you can’t relax, you can’t focus on current affairs, and you start the next working day tired.

People who remain without rest complain of fatigue, psychological distress, and cardiovascular problems.

So what kind of rest promotes recovery?

Most of the things we do can be divided into those that make more and fewer demands on us.

Things that do not make special demands: like lying on the sofa, watching TV. Such “actions”, of course, will contribute to recovery as soon as possible. However, not everything is so simple, as passive rest goes hand in hand with boredom and apathy.

Studies have shown that low-effort activities have little or no effect on recovery. After that, people do not always feel rested and ready for work.

There is also an assumption that what precisely a person does in his free time from work is not so fundamental. But it is essential that this experience allows you to completely distract yourself from work, relax, promote self-development, and return a sense of control over the distribution of your own time.

If you can answer the following 4 questions in the affirmative, then your vacation can be considered complete.

In free time from work:

  • Do I forget about work?
  • Do I have time to rest?
  • Expanding my horizons?
  • Do I manage the time myself?

The ability to distract yourself is especially important during busy and oversaturated working days.

Activities that help you relax, such as listening to music, walking in nature, and having a good conversation with a positive person are directly related to life satisfaction scores.

Numerous studies have shown that the experience of meditation or prayer at the end of the day promotes recovery, relieves fatigue, and improves sleep quality.

Sleep is also a period of deep relaxation and recovery. On average, it is important for an adult to sleep 7-8 hours a day.

Strenuous work does not increase the duration of sleep but worsens its quality. The more exhausted a person is, the worse he/she sleeps.

Sports and hobbies of all kinds can also help with recovery, and in addition, promote self-development and have many accompanying benefits for our health.

Playing sports promotes the production of endorphins, and increases the secretion of norepinephrine, serotonin, and dopamine, which has an antidepressant effect. Also, intensive exercises allow you to distract yourself from negative thoughts.

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Response stories

Life after imprisonment

During another working visit to the local detention center, the REAct documentator was approached by an inmate. Before the start of the full-scale war, Mykhailo was in a pre-trial detention center in another city. However, with the beginning of hostilities, all prisoners were transferred to different regions of Ukraine, which were considered safer at that time.

Recently, the appeals court issued a decision to change Mykhailo’s preventive measure from arrest to release on personal bond, however, given that his home is currently located in the temporarily occupied territory, the man does not understand where he should go after receiving the court decision.

Mykhailo repeatedly appealed to the administration of the institution with a request to help him in this situation, but received refusals, arguing that the institution does not have the appropriate resources to solve this issue.

After hearing this, the documentator immediately contacted the specialists of the Reintegration Center for Homeless People and found out whether it was possible to accept Mykhailo for an indefinite period to provide him with temporary shelter. Specialists of the Center informed the documentator about the list of necessary medical certificates for settling Mykhailo in the Center. In the evening of the same day, after receiving the necessary documents, Mykhailo was released from custody and escorted to the Center for the Homeless.

Today, Mykhailo lives in the Center, is actively looking for a job, and is waiting for the soon de-occupation of his native village.

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Response stories

Discrimination of a patient due to belonging to a risk group

Halyna got an appointment with a venereologist, who began to openly stigmatize the client as soon as she learned that the girl belongs to the risk group of PWIDs. The doctor condemned Halyna’s lifestyle, insulted her, and called the girl’s behavior shameful and unacceptable.

After such an experience of receiving medical services, the client became withdrawn and changed her mind about further treatment. After some time, the girl turned to the REAct documentator to get psychological support.

The REActor listened to Halyna and provided the necessary consultation. The client was accompanied by a friendly doctor who examined the girl with respect and without discrimination and provided the necessary assistance. Currently, Halyna is fully engaged in her health and receives psychological help.

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Psychologist's advice Useful materials

5 effective grounding techniques that will help defeat a panic attack

For almost a year, the psyche of Ukrainians has been under the influence of a heavy load. A sudden change in the usual living conditions, air raids, staying in shelters, shelling, and being forced to flee from one’s home. All these factors lead to the development of mental disorders, including panic ones.

A panic attack is provoked by an excessive release of adrenaline into the blood, and, accordingly, by strong physical symptoms.

Let’s recall the symptoms of a panic attack:

  • rapid heartbeat;
  • excessive sweating;
  • increased pressure;
  • body tremors;
  • chills;
  • chest or stomach pain;
  • shortness of breath and feeling of suffocation;
  • an attack of severe nausea;
  • dizziness, up to loss of consciousness;
  • feeling like you’re dying;
  • depersonalization;
  • fear of going crazy;
  • feeling of unreality of what is happening.

A panic attack always starts suddenly and can happen anytime and anywhere. As you can see, this is a rather complex experience at the level of the body and emotions. To survive it as easily as possible, a person needs a certain resource. It can be obtained independently by performing the 5 Grounding Techniques.

1. Feel your own body. You can’t stand still during a panic attack. Actively move: run, squat or push-up, stomp your feet, bend over, etc.

2. Focus on observation. For example, consciously and carefully look for objects of similar color in the room. Or listen to the sounds around you, distinguish them by their source of origin, and compare them by volume or tonality.

3. Use your breath. Breathe deeply. Imagine that there is a candle in front of you and blow out its light. Breathe in the scent of an imaginary flower. Pretend you are blowing up a balloon.

4. Play games. An elementary game for children’s development is “guess the profession” (look at the people around and determine who they work for) or “categories” (choose a category – food, animals, musical instruments – and name 10 objects that belong to it).

5. Treat yourself. Brew your favorite tea, or make a cup of coffee or chocolate. Take a shower or bath. Do a self-massage. Do all these actions not mechanically, fully aware of their effect on you.

What will you get? Grounding techniques will help reduce the severity of panic attacks. Focusing on the present moment distracts unnecessary attention from fears, worries, or unpleasant memories.

Please note: Panic attacks that tend to recur should be discussed with a therapist or mental health professional.

This extremely unpleasant psychological state is not a sentence. You can and should get rid of it – both independently and with the help of a specialist.

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Psychologist's advice Useful materials

Help yourself overcome anxious thoughts

Today brings disturbing information to each of us. During the war, its volume increases many times. Anxious thoughts are the sprouts of difficult situations and traumatic events.

We will not let some of this “scum” into our world, and on the contrary, we will feed it with the fertilizers of negative evaluative judgments of others and our own bitter mistakes.

Bad thoughts are an echo of negative experiences – both one’s own and someone else’s. In addition, one of the features of memory is to retain memories of failures longer than of successes.

It’s good when anxious thoughts happen over time, like clouds in the emotional sky: they were there, flashed by, and disappeared. But sometimes they become intrusive: they can spoil sleep, affect the ability to think rationally, work, and generally lead an active life.

Most often, negative experiences intensify after severe stress or against the background of emotional burnout. These conditions are currently characteristic of almost every Ukrainian due to the war.

Let’s try to get rid of them.

First: we get rid of marker words in our thoughts and statements that indicate an exaggeration of the scale of the disaster: “everyone”, “always”, “never”, “none”, or “nothing”. We are experts only in our own lives.

We work through each disturbing thought using the following algorithm:

  1. We describe a situation that causes concern.
  2. We list all the disturbing thoughts that arise regarding this situation. It is better to write each of them on a separate sticker.
  3. Then arrange these thoughts-stickers according to the degree of probability: from more real to less realistic.
  4. We carefully look at thoughts that have a high chance of being realized in life. Consider: can you influence these circumstances?
  5. Then let’s draw up an action plan: what will you do in the event of a worst-case and best-case scenario?
  6. Find and write down thoughts that add strength, resources, and hope for a positive outcome.

When analyzing disturbing thoughts, it is important to realize that they are only thoughts, not reality.

Additional recommendation: if it is difficult for you to objectively assess the problem, try to see it through the eyes of another person (parents, a friend, a public person whom you respect, or even a movie hero).

Use this powerful algorithm today. In just a few days, you will definitely feel an improvement in your relationship with yourself and the world around you.

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Lawyer’s advice Useful materials

The issue of mobilization of persons in wartime

General mobilization was announced in Ukraine by presidential decree. Because of this, any male person between the ages of 18 and 60 can receive a summons. Of course, it is clarified that first of all those with combat experience will be mobilized and called up. However, reports are received from representatives of the client base of the REAct project that summonses are issued to men in any location, despite the lack of military experience and regardless of their health status (drug addiction and being on the RRT program, positive HIV status, etc.). Such a phenomenon arises in a part of customers due to anxiety and excitement due to a lack of knowledge.

Let’s analyze this issue. By law, during mobilization, citizens are required to appear at the assembly points of the territorial recruitment and social support center (former military commissars) within the time limits specified in the documents (summons) they received.

The summons must be delivered to the citizen personally, under signature, while the law does not specifically define the place where the summons must be delivered, because of this, it can be delivered in any place, that is, at a checkpoint, on the street, in public institutions, at workplaces, in houses, etc.

Employees of the territorial recruitment and social support center (TRC and SS) are responsible for writing out and serving a summons to a person, but recently the list of persons authorized to serve has been expanded, which will be explained below.

Let’s analyze the case when, for example, a person is stopped on the street by the military – employees of the territorial recruitment center and directly at the place of the stop issue a summons for further delivery, although this is not legal. In any case, after receiving the summons, it is important not to panic, but carefully, before putting your signature on receiving it, read the contents of the summons to make sure that everything is specified in it as it should be.

At the same time, it should be taken into account that the summons must include: the surname, first name and patronymic of the conscript, the year of birth and the address of the person being summoned; his place of work; the type of summons – important! (clarification of credentials, passing a medical examination, arrival at the territorial recruitment and social support center, conscription for military service); date, time, and address – when and where to appear; the name of the body, wet seal, signature, surname, first name, and patronymic of the head of the territorial recruitment and social support center.

If the summons is filled in incorrectly, the person may not sign it due to existing errors. In this case, the official who tried to serve the summons can draw up an act of refusal to receive the summons with a mandatory indication of such a reason in the presence of witnesses. Witnesses are needed in order to confirm, in any case, what was the legal basis for a person’s refusal to receive a summons. After all, there is a possibility that if a conscript does not appear before the military commissariat after receiving a summons, he may have trouble with the law. Therefore, the act of refusal to receive a summons must either contain legal grounds for refusal, or it is better not to allow it to be drawn up at all. An act of refusal is drawn up in order to impose a fine on a person and further bring the person to justice, for example, in case of subsequent refusals to come to the military commissariat (recruitment center). But it must be understood that such a refusal act can only be drawn up by an official of the assembly center if she has the passport data of the conscript, for example, when he provided her with his passport for review.

The summons must be filled out and signed by the head of the TRC and SS in advance, and not filled out when a person is stopped on the street by some military officer who is probably not an employee of the TRC and SS. It should also be noted that if the person did not sign the receipt of the summons, then his responsibility for failure to appear on the summons is actually absent. It should be noted separately that the military does not have the right to grab a person, shove him into a car and take him to the military commissary (territorial recruitment center) – this is a direct violation of the rights of a person, which can be appealed and should entail liability for them by law.

So, let’s summarize – a summons is considered legally received if:

  • it was handed over by employees of territorial recruitment and social support centers (TRC and SS) or the persons specified below;
  • it is issued in compliance with all requirements (correctly entered data, available signature of the head of the picking center, and seal of this center).

If a person is served with a summons without complying with the established requirements, then he has the right to refuse it, for this a corresponding act is drawn up in the presence of witnesses. When refusing a summons under such conditions, a person will bear responsibility – neither criminal nor administrative.

Separately, it should be noted that from the beginning of 2023, a new order of military accounting began to operate in our country, according to which the following acquired the right to serve summonses, in addition to direct officials of the TRC and SS, also:

  • representatives of the local self-government body;
  • head or authorized person at the enterprise, institution, or organization where the conscript works;
  • authorized persons at the educational institution where the conscript is studying;
  • employees of apartment building managers (condominiums or management companies).

At the same time, it is necessary to ask the person who tries to serve a summons, to name himself and to present for perusal an official ID card or other document confirming his identity and authority.

It is worth remembering that a summons can be served only by a person authorized to take such actions, which, for example, representatives of the TRD or the police do not even now belong to. Also, summonses, for example, left at the door of an apartment, are not considered to have been served properly, and therefore cannot be the basis for bringing a person to justice in case of non-arrival according to it to the collection center.

In general, there are several types of summons according to the order of service:

  1. Summons to clarify credentials: the main purpose (currently the most common) is to update the personal data of a conscript.
  2. Summons for passing a military medical commission (MMC) – to establish a person’s suitability for military service.
  3. The summons on mobilization, is handed to the person last.

Representatives of key communities, especially such as PLHIV, PLTB, PWID, and OST patients, know that sometimes a state of health makes a person unfit for a significant workload, including military service, but there are persons who are unfit for service at all, and there are others who are unfit for it in peacetime, but limitedly fit in wartime. What such a person can do should be decided to take into account individual contraindications according to the medical board.

It also raises the question of what to do if, for example, close relatives need constant care and assistance. Yes, if a potentially mobilized person has elderly parents or close relatives, or children who need constant care due to health conditions, then he can be exempted from military service. However, to confirm such circumstances, it is necessary to present documents, in particular medical reports of a healthcare institution, to the territorial center of recruitment and social support.

Categories
Response stories

Refusal to organize the childbirth due to HIV status

Kateryna turned to the “Institute of Pediatrics, Obstetrics, and Gynecology” to a doctor for consultation and registration for further childbirth in this medical institution. The doctor conducted an examination and as soon as she found out that Kateryna had a positive HIV status, she immediately refused her further services, arguing that “in their institution, people with AIDS do not give birth and they do not accept such patients, as it is dangerous for others.”

After this unpleasant situation, Kateryna turned to the REAct documentator for a consultation regarding denying her medical service. The client was immediately consulted on legal issues and offered to make a statement to the chief physician regarding the wrongful refusal of medical services.

In addition, the woman was given all the necessary recommendations regarding maternity hospitals, where women with HIV are treated responsibly and tolerantly. At the client’s request, she was referred to the corresponding friendly specialist in the health center. Regarding the doctor of the “Institute of Pediatrics, Obstetrics, and Gynecology”, a disciplinary sanction was applied as a reprimand, and the medical director of the Institute was informed about this decision.

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News

REAct system – Protection of the rights of key communities in war conditions: Kherson and Mykolaiv

The military aggression of the Russian Federation in Ukraine led to a serious deterioration of the human rights situation throughout the territory of our country.

ICF “Alliance for Public Health” is implementing a system of monitoring and responding to human rights violations at the level of communities vulnerable to HIV and TB – REAct.

Despite the difficult conditions, REAct specialists continue to work and help those in need. During the full-scale war, we received 202 complaints about violations of the rights of key communities in Kherson and 102 complaints in Mykolaiv.

See how it happened in our video.

Protection of the rights of key communities: Kherson and Mykolaiv

Read also:

Booklet on war crimes and violations of the rights of key communities against the background of Russian military aggression.

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Response stories

Violation of the rights of PWID to medical assistance

Victoria arrived at the reception department of the city clinical hospital in severe condition. During the examination of the patient, the doctor saw that Victoria had punctures on her hands and, realizing that she was a drug addict, began to behave carelessly, expressing his personal negative attitude towards PWID.

The man verbally insulted the client and did not even register the hospitalization, referring to the fact that in Victoria drug withdrawal and the hospital do not deal with this.

The REActor came to the reception department after a call from the client’s father and on the spot found out the reason for the refusal directly through a conversation with the doctor. The documentator conducted an informational interview regarding the violation of the right to medical assistance and focused the attention of the medical staff on the possible consequences in cases of such violations. After that, Victoria was hospitalized and received all the necessary help.

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Psychologist's advice Useful materials

The importance of post-contact prevention

After the invention of the modern latex condom, sex became really reliably protected against many sexually transmitted infections, and in combination with pre-exposure prophylaxis (PrEP) – an ideal means of HIV infection.

However, there are sometimes unpleasant situations when a condom – a “reliable headache pill” – is missing, or out of place (for example, in a pocket), an act of violence occurred, or a person had direct contact with blood/other liquids, which contained blood. Still, they got into an open wound, mucous membrane, or bloodstream. During the war, the number of such cases increased significantly.

What to do if this has already happened? This article is about further actions and assistance to the victim.

First of all, you need to calm down, don’t panic. In no case do not pour anything with disinfectant solutions (alcohol, iodine, hydrogen peroxide), rub, drip, squeeze, apply, or fix the place of injury with bandages, and even more, irritate the damaged area, and mucous membranes. Actions should be clear and calm: we eliminate other people’s fluids that have entered. If it is a wound or a mucous membrane, and you can wash them with plain water, do it. Use soap and water where appropriate.

As soon as possible (no later than 72 hours after contact, but the sooner the better), contact a medical institution, where you will be provided with qualified advice regarding the probable degrees of risk of HIV infection and other STІs. If you are in a foreign city and do not know where to go, you will be guided: 0 800 500 451.

Sexual violence significantly increases the risk of HIV infection than consensual sex, as such intercourse is considered more traumatic and therefore more likely to involve blood. The HIV status of the rapist and the victim of violence is also unknown. If a person who commits sexual violence is living with HIV, the risk of HIV transmission also increases under the following conditions: bites, vaginal and anal penetration, genital trauma, contact with sperm in or around the vagina or anus, the rapist is a user injecting drugs, as well as there, was more than one rapist.

However, always remember: “consent to sex” does not equal protection from infection.

One of the ways to prevent HIV transmission is the timely and correct use of medical post-exposure prophylaxis with antiretroviral drugs. It’s reliable and free. You will also be offered an HIV, hepatitis B, and C test immediately and after a specific time. If within 72 hours after the contact you did not manage to get to a doctor and receive post-contact prophylaxis, you will be offered an HIV test three months later. Do not forget about the “window period” at this time.

Read more about the “window period” or “gray window” in the previous article of the psychologist’s advice column: “To be tested or not to be tested? That’s the question.”