Europe is gradually scaling back its hospitality toward Ukrainians, and some countries are discussing the possibility of restricting protection for men of draft age. However, the question arises as to whether this complies with international law.
Michael O’Flaherty, the Council of Europe’s Commissioner for Human Rights, spoke about this in an interview with RBC-Ukraine.
Why Excluding Men Is a Matter of Discrimination
According to the Commissioner, any distinction between people requires clear proof that it does not constitute discrimination. Excluding men of a certain age group from protection involves two characteristics at once—gender and age.
“This in itself raises questions of equality. And it means that whoever makes such a claim must provide a very convincing justification that this does not constitute impermissible or unlawful discrimination. Such a justification is possible,” O’Flaherty explained.
In his view, such justification could include conscription and military service in a country facing serious aggression. However, even in this case, states must comply with international law, which provides for exemptions from compulsory military service.
What Exceptions Does International Law Recognize?
The Commissioner cited a specific example: religious beliefs. According to him, Jehovah’s Witnesses may refuse military service on the basis of their religious beliefs.
