How Ukrainian refugees can protect their rights in the EU: key support mechanisms and institutions
After Russia’s full-scale invasion of Ukraine, millions of Ukrainians were forced to seek asylum in the EU. However, a new environment often brings new challenges, including in the area of legal protection. Refugees may face violations of their rights in employment, social services, or in contact with law enforcement agencies. In this article, we look at the main mechanisms and institutions that help Ukrainians protect their rights abroad.
Consular protection: the first line of support abroad
Consulates and embassies of Ukraine in the EU are the first institutions that Ukrainians can turn to in case of violation of their rights. These diplomatic institutions provide not only document management (passport issuance, notarial services), but also legal support in critical situations.
- Legal assistance in case of detention or arrest
- Consulates provide legal support if a Ukrainian is detained or arrested. Consulate human rights officers can provide legal advice or put you in touch with lawyers to protect your rights under local law.
- Protection of rights under international agreements
- Consulates help Ukrainians to observe and exercise their rights under international agreements and local legislation by connecting them with lawyers or local authorities.
- Support in cases of legal proceedings
- If a case goes to court, the consulate can help with organising legal assistance and establishing communication with local authorities.
The contact details of the nearest consulate can be found on the website of the Ministry of Foreign Affairs of Ukraine or on the websites of embassies in the host countries.
Cooperation with EU law enforcement agencies
The law enforcement agencies of the EU countries are obliged to ensure the safety of everyone on their territory, regardless of citizenship. Ukrainian refugees under temporary protection have the same rights as citizens of these countries and can count on police support in case of any offences.
- Protection from crimes and offences
- Ukrainians who face fraud, discrimination, violence or exploitation have the right to report it to the local police. The police are obliged to accept the report and investigate the incident.
- Support in labour disputes
- The police can also help in the event of labour disputes if a Ukrainian has been unlawfully dismissed or has not received his or her salary.
By contacting law enforcement, Ukrainians can expect to have their rights protected and receive assistance in case of violations.
The European Court of Human Rights: applying in case of violation of rights
The European Court of Human Rights (ECHR) is an important instrument of legal protection when national authorities have failed to provide adequate protection. The ECtHR considers complaints related to violations of the rights enshrined in the European Convention on Human Rights and can issue judgments to protect the rights of Ukrainians in the EU.
- Requirements for filing a complaint
- In order to file a complaint with the ECtHR, the applicant must exhaust all national remedies. The complaint must be filed within 6 months after the final decision of the national authorities.
- Violations under consideration
- The ECtHR considers only those cases that relate to violations of the Convention, including the right to life, fair trial and prohibition of torture.
Support for civil society organisations and trade unions
An important role in protecting the rights of Ukrainian refugees is played by NGOs and trade unions that specialise in providing legal support, combating discrimination and ensuring labour rights.
- Protection of labour rights
- Trade unions help Ukrainians working abroad to resolve conflicts with employers and protect them from unlawful dismissals and underpayments.
- Combating discrimination and legal support
- NGOs such as Caritas, the Red Cross and Amnesty International provide advice and humanitarian assistance, including legal support in cases of discrimination or rights violations.
Thus, Ukrainian refugees in the EU can count on support not only from diplomatic institutions, but also from local law enforcement agencies, the European Court of Human Rights and NGOs. These institutions protect the rights of Ukrainians, helping them to successfully integrate into the new environment and defend their interests in case of violations.
