Issue: № 12, 2025
Doi: https://doi.org/10.37634/efp.2025.12.10
The paper is devoted to a comprehensive theoretical and legal study of the definition and content of social protection for persons who have become disabled as a result of combat operations in conditions of prolonged full-scale war. This research is necessary and critically important given the growing number of military personnel and civilians who need systematic and effective support to restore their social function and dignified life. The paper provides a detailed analysis of the doctrinal concepts of social protection, which is considered not as a static set of benefits, but as a dynamic, multi-level system of social relations. This system, in essence, serves as a measure of the state's social security, demonstrating its ability to respond to challenges caused by armed aggression. Social protection for military veterans with disabilities must be transformed from paternalistic assistance to state-guaranteed rights and opportunities. Particular attention is paid to the influence of international law on the formation of the national system of social guarantees. The role of the Geneva Conventions and Additional Protocols, which lay the fundamental foundations for the protection of war victims by requiring the provision of adequate medical care, rehabilitation, and prevention of discrimination, is analyzed. At the same time, the UN Convention on the Rights of Persons with Disabilities, which defines modern standards of equal rights and opportunities and requires the state to take active measures to create a barrier-free and inclusive society, serves as a key guideline for reform. The need to harmonize national legislation with these international acts in order to achieve the highest level of social integration is justified. The need for an irreversible transition from the outdated medical-social model of disability assessment to a progressive social model has been substantiated. The medical-social model, focusing exclusively on medical diagnosis and loss of working capacity, limits a person's potential. The new social model should focus on a person's functioning in society, removing barriers, and supporting life activities. This transition requires a fundamental reform of the system for assessing a person's functioning, including the elimination of medical and social expert commissions and their replacement with transparent, modern assessment mechanisms using the digitization of relevant procedures and the International Classification of Functioning, Disability and Health. It has been proven that social protection for this category of citizens should be defined not only as the provision of compensatory benefits and cash payments, but as a comprehensive, systematic, and continuous process of socialization and adaptation. This is a comprehensive process that involves not only compensation but also investment in human capital. Based on an in-depth analysis, a definition of social protection for persons with disabilities resulting from war has been formulated. This definition reflects its dual legal nature and clear focus on the integration and development of the legal capacity of the individual, rather than just passive social maintenance.
Keywords : social protection, war-related disability, veterans, social model, social guarantees, Geneva Conventions, United Nations Convention on the Rights of Persons with Disabilities, rehabilitation, adaptation
References:
1. On the status of war veterans and guarantees of their social protection: Law of Ukraine dated October 22, 1993, №. 3551-XII. Date of update: October 23, 2025. URL: https://zakon.rada.gov.ua/laws/show/3551-12#Text (In Ukrainian).
2. Kholodkov A. Current problems of socialization of military personnel with disabilities resulting from war. Kyiv Law Journal. 2023. Vol. 1. pp. 240–244. URL: https://kyivchasprava.kneu.in.ua/index.php/kyivchasprava/article/view/280 (In Ukrainian).
3. Palamarchuk T. Theoretical approaches to understanding social guarantees in the system of social security of the state. Bulletin of Taras Shevchenko National University of Kyiv. 2024. pp. 38-45. URL: https://security.bulletin.knu.ua/uk/article/view/3151/2638 (In Ukrainian).
4. Geneva Conventions on the Protection of War Victims, 1949. Ombudsman of Ukraine. URL: https://www.ombudsman.gov.ua/uk/zhenevski-konvenciyi-pro-zahist-zhertv-vijni-1949-roku (In Ukrainian).
5. Convention on the Rights of Persons with Disabilities: UN Convention of 13 December 2006. URL: https://zakon.rada.gov.ua/laws/show/995_g71#Text (In Ukrainian).