Article | European Standards of Social Protection of Displaced People from Ukraine: Nothing New Under the Sun |
---|---|
Authors |
SVITLANA SYNCHUK
Doctor of Law Sciences, Professor, Professor of the Department of Social Law Ivan Franko National University of Lviv (Lviv, Ukraine) ORCID ID: https://orcid.org/0000-0003-2711-5919 Researcher ID: http://www.researcherid.com/rid/AAU-9926-2021 synchuksvit@gmail.com
OLENA RYM
Doctor of Law Sciences, Associate Professor, Associate Professor of the Department of Social Law Ivan Franko National University of Lviv (Lviv, Ukraine) ORCID ID: https://orcid.org/0000-0002-3364-2830 Researcher ID: http://www.researcherid.com/rid/AAI-5995-2020 olena.rym@lnu.edu.ua
|
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 6 / 2022 |
Pages | 40 - 54 |
Annotation | The mechanisms of social protection of displaced persons from Ukraine in connection with hostilities, which are implemented by the Member States of the European Union and the Council of Europe to fulfill their European integration obligations, are highlighted. Some aspects of the activation of the temporary protection regime for Ukrainians in the EU, as well as the problems associated with this, and those that are expected, were studied. The scope of persons who can apply for this status has been clarified. This emphasizes the need to reconsider the unequal approach of Member States in determining the scope of persons entitled to temporary protection due to their European or non-European origin, and to eliminate the practice of double standards when granting asylum to such asylum seekers. The social rights of displaced persons are analyzed and it is emphasized that each Member State has its national systems for their implementation, so the level of minimum standards of social protection will be different. At the same time, the priority of protecting the rights of displaced children to education is stressed, since almost half of the DP fromUkraine are school-age children. The article examines the mechanism of coordination of Member States’ efforts to protect displaced people from Ukraine based on the “Solidarity Platform” created by the European Commission. It was emphasized that the Council of Europe in its documents supports the new integrated imperative mechanisms proposed by the European Union in the field of forced displacement and asylum based on full compliance with their obligations in the field of human rights. The Council of Europe supports the extension of these standards to its member states. At the same time, it encourages the institutions of the European Union to adhere to the standards of the Council of Europe in the field of protection of forcibly displaced persons. The article examines the general standards of the Council of Europe regarding forcibly displaced people, and also draws attention to those that the Council of Europe considers to be priorities for further activities. The content of individual standards, which due to the russia’s war against Ukraine acquired the status of extremely relevant for displaced people from Ukraine, and some aspects of their implementation are analyzed. |
Keywords | European Union; Council of Europe; social rights; displaced people; vulnerable categories of the population; temporary protection; social protection; standards of rights |
References | Bibliography Journal articles 1. Mikkola M, ‘Social Human Rights of migrants under the European Social Charter’ [2008] 10 (1) European Journal of Social Security 25–59 (in English).
Newspaper articles 2. Bayoumi M, ‘They are “civilized” and “look like us”’: the racist coverage of Ukraine’ (2022) The Guardian <https://www.theguardian.com/commentisfree/2022/mar/02/ civilised-european-look-like-us-racist-coverage-ukraine> (аccessed: 09.07.2022) (in English). 3. People of colour fleeing Ukraine attacked by Polish nationalists, 2 March 2022, The Guardian <https://www.theguardian.com/global-development/2022/mar/02/ people-of-colour-fleeing-ukraine-attacked-by-polish-nationalists> (аccessed: 09.07.2022) (in English). 4. Tondo L, ‘Embraced or pushed back: on the Polish border, sadly, not all refugees are welcome’ (2022) The Guardian <https://www.theguardian.com/global-development/ commentisfree/2022/mar/04/embraced-or-pushed-back-on-the-polish-border-sadlynotall-refugees-are-welcome>(аccessed: 09.07.2022) (in English).
Websites 5. Bulgaria takes first steps to welcome those fleeing Ukraine <https://ec.europa.eu/ migrant-integration/news/bulgaria-takes-first-steps-welcome-those-fleeing-ukraine_ en/> (аccessed: 09.07.2022) (in English). 6. Carrera S, Ciger M I, Vosyliute L, Brumat L, ‘The EU grants temporary protection for people fleeing war in Ukraine. Time to rethink unequal solidarity in EU asylum policy’ (CEPS Policy Insights 09.03.2022) 31–2 <https://www.ceps.eu/ceps-publications/ eu-grants-temporary-protection-for-people-fleeing-war-in-ukraine> (accessed: 09.07.2022). 7. European Council on Refugees and Exiles. Іnformation Sheet – Measures in response to the arrival of displaced people fleeing the war in Ukraine (31.05.2022) <https://ecre.org/wp-content/uploads/2022/03/Information-Sheet-%E2%80%93Access-to-territory-asylum-procedures-and-reception-conditions-for-Ukrainiannationalsin-European-countries.pdf?fbclid=IwAR02EwE4feR-ML2xaRGJdB7mt2CYUjbxzVIfwLTnfWECCgSKltswIWyT-s> (аccessed: 09.07.2022) (in English). 8. Ukraine: Unequal Treatment for Foreigners Attempting to Flee: Pattern of Blocking, Delaying Non-Ukrainians’ (Human Rights Watch 40.03.2022) <https://www.hrw.org/ news/2022/03/04/ukraine-unequal-treatment-foreigners-attempting-flee> (аccessed: 09.07.2022) (in English). 9. Schultz J, Drangsland K, Karlsen M-A, Kienast J, Feith Tan N, Vedsted-Hansen J, ‘Collective protection as a short-term solution: European responses to the protection needs of refugees from the war in Ukraine’ (EU Immigration and Asylum Law and Policy) <https://eumigrationlawblog.eu/collective-protection-as-a-short-term-solutioneuropeanresponses-to-the-protection-needs-of-refugees-from-the-war-in-ukraine/> (аccessed: 09.07.2022) (in English). 10. Solidarity with Ukraine: Commission launches an EU platform for registration of people enjoying temporary protection or adequate protection under national law <https:// ec.europa.eu/neighbourhood-enlargement/news/solidarity-ukraine-commissionlauncheseu-platform-registration-people-enjoying-temporary-protection-2022-05-31_ en> (аccessed: 09.07.2022) (in English). 11. The European Social Charter: an essential instrument for the integration of refugees. <https://www.coe.int/en/web/european-social-charter/home/-/asset_publisher/ Vugk5b0dLMWq/content/the-european-social-charter-an-essential-instrument-for-theintegrationof-refugees> (аccessed: 09.07.2022) (in English). 12. The Norwegian Government is expanding the temporary collective protection scheme for Ukrainians <https://www.regjeringen.no/en/aktuelt/the-norwegian-government-isexpandingthe-temporary-collective-protection-scheme-for-ukrainians/id2910831/?exp and=factbox2911081> (аccessed: 09.07.2022) (in English). 13. The Operational Data Portal. Ukraine refugee situation <https://data.unhcr.org/en/ situations/ukraine> (аccessed: 09.07.2022) (in English).
|
Electronic version | Download |