Call to Withdraw the Draft of the Law on Higher Education and Science: YSMU

The Scientific Council, faculty, medical personnel, researchers, and students of Yerevan State Medical University (YSMU) have issued a statement regarding the draft law on "Higher Education and Science" of the Republic of Armenia. The statement reads:

The draft law on "Higher Education and Science" has been submitted by the Ministry of Education, Science, Culture, and Sports to the Government of the Republic of Armenia, as part of the legislative process that has started following a positive conclusion.

In consultations within the Scientific Council of YSMU, among other bodies and faculty members, both younger and older generations, the legal team of the Medical University has expressed dissatisfaction with the draft law. At the same time, it is puzzling that, in the context of martial law, post-war conditions, and the pandemic, there is a need to adopt this law urgently without final discussions.

While we will not delve into all the problematic points of the draft law — leaving their interpretation to the education organizers — we would like to highlight some of them. The draft contains provisions that limit the academic freedoms and self-governance of universities, which will undoubtedly lead to a decrease in the international ranking and reputation of these institutions.

Moreover, the draft lacks provisions that define state support for students' education (for example, regarding transfers). We are deeply concerned and outraged by the provision that sets age restrictions for academic staff, which may lead to a possible dissolution of the higher education and research community.

We believe that the provisions concerning age restrictions in the law contradict Article 29 of the Constitution of Armenia, which prohibits any manifestation of discrimination, including based on age. In 2011, the Constitutional Court of the Republic of Armenia determined that: "The right to choose work should be guaranteed for everyone, regardless of age limitations. A biological factor such as a person's age, which does not necessarily affect their productivity or professional knowledge and skills, cannot be considered a basis for dismissal." However, the draft law conditions the employment of instructors not on productivity and professional skills but on their age.

The law may establish other characteristics unrelated to age, including professional ones. We, the professors, lecturers, and researchers of the Medical University, insist that setting an age limit on employment through law is a manifestation of discrimination, is unjustified, and is unlawful.

We also view the exclusion of the combination of administrative and managerial positions (such as head of a clinic and chair of a specific department) as another problematic approach to ensure clinical education, which will undoubtedly lead to dual authority in university clinical hospitals, resulting in a decline in the quality of both clinical education and medical assistance and service provided.

In conclusion, we call upon the authors of the draft law on "Higher Education and Science" of the Republic of Armenia to withdraw the draft for further discussions involving academic representatives of universities, education organizers, and legal experts.