Back How are social rights of Ukrainians who have found protection in EU ensured - research by Council of Europe

How are social rights of Ukrainians who have found protection in EU ensured - research by Council of Europe

Russia's full-scale invasion of Ukraine forced millions of Ukrainians to seek protection abroad. That is why the Council of Europe project “Continued support to promoting social human rights in Ukraine” supported the analysis of the provision of social rights of displaced persons in the member states of the European Union and the Council of Europe using the example of forcibly displaced persons from Ukraine.

“The activation of the temporary protection regime in the European Union has led to number of questions. The first one concerns the circle of persons who can apply for the corresponding status. The second issue, which is caused by the activation of the temporary protection mechanism, is related to the definition of the minimum amount of social rights of displaced persons, because each member state has its own national systems for their implementation, and these should naturally be applied to persons who have received protection,”  said Siuzanna Mnatsakanian, senior officer of the Council of Europe Project “Continued support to promoting social human rights in Ukraine” .

Experts of the Project analysed the experience of 20 member states* of the European Union and the Council of Europe in providing social protection for forcibly displaced persons during February 24 - July 20, 2022.

As a result, two documents were developed:

  • Checklist of the social rights of displaced persons and social protection measures provided by member states of the European Union and the Council of Europe (in Ukrainian);
  • Checklist of the minimum social protection standards for displaced persons from third countries who cannot return to their country of origin, which are guaranteed by the member states of the European Union and the Council of Europe within the framework of their European integration obligations (in English).

The study may be useful for citizens who have been forced to seek shelter; state authorities of Ukraine, public organisations on issues of social protection mechanisms of forcibly displaced persons; researchers of the issue of guaranteeing the right to social protection to forcibly displaced persons; scientist and pedagogues.

“The Council of Europe and the European Union strive to adhere to international standards of protection, show respect for democratic values ​​and ensure the guarantee of human rights and freedoms. Therefore, following these declared vectors of movement, each organisation has put into effect mechanisms for the protection of persons displaced from Ukraine, which need to be studied for the most effective functioning of them,” noted Svitlana Synchuk, co-author of the study.

The study contains information about:

  • conditions for granting temporary protection and obtaining refugee status,
  • a list of contacts that displaced persons can contact for information and document circulation,
  • review of groups of persons to whom the state can provide protection,
  • a list of documents to be provided,
  • validity periods of protection, grounds for changing or terminating the status;
  • an overview of the key social rights and the measures taken by each state to implement them.

Functioning of asylum and migration systems based on human rights and standards in this area (CoE conventions, recommendations of the Committee of Ministers and monitoring bodies, recommendations/resolutions of PACE and the Congress of Local and Regional Authorities); identification of migration problems as key in the activities of the Council of Europe and its partners; the development of further cooperation with international partners is declared as a priority direction of the current policy of the Council of Europe,” emphasized Olena Rym, co-author of the study.

Social rights covered by the study and examples of their implementation

The right to residence: the mechanism of providing a displaced person with appropriate conditions for free temporary residence, compensation for the cost of utility services in places of compact settlement of displaced persons or families that host such persons, freedom of movement of persons who have received protection.

So, in Belgium, at the registration centre in Brussels, citizens of Ukraine and other persons can submit a request for crisis accommodation in a Belgian municipality or city. It is necessary to pay attention to the fact that this opportunity is provided only on the day of registration. It can be group accommodation, a room in a private house, etc. Pets cannot be in "emergency shelters" and housing in Belgian municipalities. If the displaced persons stay with the host party for more than 1 month, the municipalities recommend compensation, which the guest pays to the host party: in the amount of 150 euros for an adult and 50 euros for a minor.

The right to employment: the mechanism for issuing permission to persons who benefit from protection to work as hired workers or self-employed persons, the mechanism for continuing scientific activities, sports practice, obtaining education for adults, terms of payment, the income taxation regime of economically active displaced persons, etc.

For example, after registering in Bulgaria and receiving a registration card of a foreigner with temporary protection for forcibly displaced persons from Ukraine, the displaced person immediately has the right to work, without the need to obtain other registrations or permits. This right is valid for the period of temporary protection granted to them. Persons relocated from Ukraine acquire the status of residents after registration. The personal income tax rate in Bulgaria is 10%. In France, temporary protection status requires that the salary must be at least €10.57/hour.

The right to social security: the right to social assistance, services, benefits, insurance, medical care, etc.

For example, in the UK, each family member who arrives and is granted temporary shelter is given a one-off payment of £200 to help cover immediate payments while the person settles. This assistance is provided through the local council. The size of the monthly allowance is determined with regard to each person in particular, as their financial capabilities are taken into account.

Regarding medical care, for example, in Italy, a request for a residence permit for temporary protection guarantees medical care in the country, identical to that provided to Italian citizens. In Romania, the Daruieste Aripi Association and the Romanian Society of Pediatric Oncology and Hematology created a platform - Code4Romania - to help all Ukrainian children with cancer. It helps to get easy, quick and targeted access to specialized medical care.

The right to education: access to the general education system for adults who benefit from protection, access to the school education system for persons under the age of 18 who benefit from protection, access to the pre-school and out-of-school education system, conditions for continuing education in higher education institutions, which started in the country that was left and its completion in the host country.

For example, in Estonia, the Freedom School opened in Tallinn on September 1, 2022. Places have been created at the school for students of grades 7-12 aged 13-19. The language of instruction at the school is Estonian, but up to 40% of studying is conducted in the students’ native language according to the Estonian state program. In Sweden, school attendance is compulsory from the year a child turns six until the end of the last year of basic school or until the child turns 18.

Children's rights: the mechanism for ensuring the necessary representation of unaccompanied minors and the mechanism for ensuring the interests of the child.

In particular, in Ireland, unaccompanied children (under the age of 18) who may need international protection and are separated from their parents or guardians are dealt with by Tusla, an agency for children and families. All separated children under the age of 12 will be placed in foster care immediately. Children over the age of 12 will be accommodated in short- and medium-term boarding houses.

The right to property.

All persons who are legally in the EU, regardless of the place of registration, can open a basic bank account. Lack of registration cannot be a reason for refusal to open a basic bank account and will be considered discrimination. Banks and post offices are required to offer at least one type of bank account in euros. A basic bank account allows to use basic financial services, such as making money transfers, payments, getting a credit card, getting cash at ATMs.

The right to reunification of family members.

In Slovakia, if a person has lost contact with his family or relatives, he/she can use the service of the Slovak Red Cross - Family Reunification. For more information, you can visit the website redcross.sk.

The right to participate in cultural life.

For example, in Germany, entry to all state museums is free for Ukrainian immigrants.

In general, the authors of the study came to the conclusion that the activation of the regime of temporary protection for people fleeing the war in Ukraine demonstrates European solidarity in support of Ukraine and proves the desire of Europeans to share the experiences of Ukrainians who were forced to leave their homes due to hostilities and seek shelter. Despite certain shortcomings of this mechanism, which will certainly be studied, discussed and eliminated, its implementation is evidence of the commitment of the European institutions and their member states to the principles of freedom, democracy, the rule of law, respect for human rights and fundamental freedoms. The procedures for coordinating the necessary actions developed by them ensure the necessary balance between the declared political directions and their practical implementation at the national and local levels. After all, the inclusion of issues of social protection of persons displaced from Ukraine in the national measures of the member states of the European Union and the Council of Europe allows achieving effective implementation of their social rights.

*For reference:

The authors of the research are experts from the NGO "Ukrainian Center for Social and Legal Research": Myroslava Buk, Volodymyr Burak, Maria Vashchyshyn, Oksana Hirnyk-Ivanochko, Iryna Lasko, Tetyana Parpan, Olena Rym, Svitlana Synchuk, Oksana Stasiv.

The study covered 20 states where, according to officially declared statistics, more than 30,000 displaced people from Ukraine were staying as part of forced displacement processes from February 24, 2022. Namely: Austria, Belgium, Bulgaria, Great Britain, Estonia, Ireland, the Czech Republic, Spain, Italy, Latvia, Lithuania, the Netherlands, Germany, Poland, Portugal, Romania, Slovakia, France, Spain, Switzerland, Sweden.

The Council of Europe project “Continued support to promoting social human rights in Ukraine” is implemented by the Office of the Council of Europe in Ukraine within the framework of the Council of Europe Action Plan for Ukraine for 2018-2022. The project aims to strengthen the sustainability of democracy in Ukraine through the expansion of social rights in accordance with European standards.

 Follow the news of the Project on Facebook.

 For contact information: Siuzanna Mnatsakanian, Senior Project Officer

Kyiv, Ukraine 27 September 2022
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