Mobilization of childless women in Ukraine: a lawyer explained whether a petition can become law

In Ukraine, an electronic petition on the introduction of military service for women who do not have children has begun to be actively discussed. Its author proposes to actually equate such women with men in the matter of performing military service. However, the appearance of the petition itself does not mean either the preparation of a corresponding law, nor, even more so, rapid changes to the rules of mobilization.

This was told in a comment to Femida.ua by lawyer Daryna Starovoitova, Attorney, Mediator. Head of Civil Practice of JSC “Verity Group” specifically for Femida.ua.

According to her, it is fundamentally important to distinguish between a public initiative and a legislative procedure.

“A petition is not a law, it is not even a bill,” the lawyer emphasized.

Can women without children be mobilized?

Darya extremely lowly assesses the likelihood that the proposal voiced in the petition will turn into a real legislative initiative.

According to her, the petition itself only reflects the position of its author. Even an active collection of signatures around such a document does not automatically trigger the procedure for amending the legislation.

The lawyer believes that the chances of this initiative being further transformed into a bill are virtually non-existent.

“I give 100% that it will definitely not reach the status of a bill. A petition is just a private initiative,” she noted.

According to the expert, the resonance around such proposals may significantly exceed their real legal significance. Society is beginning to actively argue about potential changes, although a corresponding decision does not even exist at the legislative level yet.

What is actually needed to change the rules for the mobilization of women

Theoretically, the rules of military service can be changed only through a full-fledged legislative procedure.

As Daryna explained, for this to happen, a corresponding bill must appear. Next, the document must be considered by the Verkhovna Rada and relevant committees, and parliamentary readings and votes are required. After adoption, the law must be signed by the president and enter into force in accordance with the established procedure.

That is, an electronic petition alone does not create legal grounds for women without children to be called up for military service.

“This may be a diversionary maneuver”

The lawyer also drew attention to the fact that recently other high-profile initiatives related to mobilization and the right to deferment have appeared in the public space.

In particular, the issue of men who have children and the difference in the grounds for receiving a deferment depending on the number of children is being actively discussed.

In contrast to this discussion, Daria evaluates the proposal for military service for childless women much more critically.

“It seems to me that this is only some kind of diversionary maneuver,” said the lawyer.

According to her, high-profile petitions quickly become a reason for heated discussions on social networks, and public attention shifts to disputes around initiatives that do not yet have the status of draft laws.

A petition is not yet a change in the law

Thus, the mere registration of a petition on military service for women without children does not mean that corresponding changes to mobilization legislation are being prepared in Ukraine.

A separate legislative process is required for the emergence of new rules, with consideration and voting in the Verkhovna Rada. Until this is done, there is no legal basis to talk about the introduction of mobilization of women solely because they do not have children.