Publication date: 04.07.2024
Protecting the rights of Ukrainian students in Poland
Introduction
Every year more and more Ukrainian students choose Poland for their higher education. Geographical proximity, similarity of cultures and relatively affordable tuition fees make Polish higher education institutions attractive for Ukrainian youth. However, staying abroad can be accompanied by a number of legal and social challenges. In this article, we will look at the main aspects of legal protection of Ukrainian students in Poland, including their rights, obligations, protection mechanisms and possibilities to seek help in case of violations.
Legal framework
TheConstitution of Poland: The fundamental law of the state, which guarantees the rights and freedoms of all persons residing in Poland, including foreign students. The Constitution ensures the right to education, equality and protection against discrimination.
The Acton Higher Education and Science: Defines the legal, organisational and financial basis for the functioning of the higher education system in Poland, the rights and obligations of students, and the conditions for admission and study of foreign nationals.
Act onForeigners: Regulates the legal status of foreigners in Poland, including the procedure for entering, staying and leaving the country, as well as the conditions for granting temporary and permanent residence.
Visa Code of the European Union: Regulates the procedure for obtaining visas for short-term and long-term stays in EU member states, including Poland.
International treaties: Poland is a party to a number of international treaties regulating the protection of students' rights, including the European Convention on Human Rights and the UN Convention on the Rights of the Child.
Rights of Ukrainian students in Poland
Right to education: Ukrainian students have the right to access education in Poland on equal terms with Polish citizens. They can study at public and private educational institutions, receive scholarships and other forms of financial support.
Right of residence: Ukrainian students have the right to obtain a temporary residence permit in Poland for the period of study. They can live in student dormitories or rent accommodation on a general basis.
Theright to medical care: Ukrainian students have the right to healthcare on equal terms with Polish citizens. They can apply to public and private medical institutions to receive the necessary medical services.
Right to employment: Ukrainian students have the right to work during their studies, provided they obtain an appropriate work permit. This allows them to earn additional income and gain professional experience.
Right to social protection: Ukrainian students have the right to social protection, including the right to receive social assistance in cases of temporary disability, pregnancy and childbirth, and other social risks.
Right to academic mobility: Ukrainian students have the right to participate in academic mobility programmes, which allows them to study abroad as part of exchange programmes, internships and other academic initiatives.
Responsibilities of Ukrainian students in Poland
Compliance with the law: Ukrainian students are obliged to comply with Polish law, including the rules of entry, stay and departure from the country, internal regulations of educational institutions, rules of residence registration and other regulations.
Compliance withstudy conditions: Ukrainian students are obliged to comply with the conditions of study set by the educational institution, including the implementation of study programmes, passing exams and tests, and participation in research activities.
Timely payment of tuition fees: Ukrainian students are obliged to pay tuition fees in a timely manner in accordance with the terms of the contract or agreement with the educational institution.
Compliance with therules of residence: Ukrainian students are obliged to comply with the rules of residence in student dormitories or rented accommodation, including safety, sanitary and hygienic standards.
Mechanisms for protecting the rights of Ukrainian students in Poland
Out-of-court mechanisms
а. Appealto the administration of the educational institution: Ukrainian students can address the administration of the educational institution with complaints and statements about violations of their rights. The administration is obliged to consider the appeal and take measures to eliminate violations.
б. Appeal to the State Migration Service of Poland (Urzęd ds. Cudzoziemców): Ukrainian students can apply to the State Migration Service of Poland with complaints and statements about violations of their rights related to their stay in Poland, registration of residence, obtaining a residence permit, etc.
в. Applyingto non-governmental organisations: Ukrainian students can apply to non-governmental organisations that provide legal assistance, social support and protection of migrants' rights. Such organisations can represent the interests of students in state bodies, courts and other institutions.
Judicial mechanisms
а. Filing a lawsuitin court: In case of failure to resolve the dispute out of court, Ukrainian students have the right to file a lawsuit to protect their rights. The statement of claim must contain information about the parties, circumstances of the case, the plaintiff's claims, and evidence confirming the violation of rights.
б. Courtproceedings: The court considers cases of violation of the rights of Ukrainian students with the participation of the parties, hears explanations, examines evidence, hears witnesses and experts. The court can decide on damages, compensation for non-pecuniary damage, prohibition of discriminatory actions, etc.
Appeals to international organisations
а. European Court of Human Rights (ECHR): Ukrainian students have the right to apply to the ECHR in cases of violation of their rights guaranteed by the European Convention on Human Rights.
б. United Nations HighCommissioner for Refugees (UNHCR): Ukrainian students with refugee status or persons in need of complementary protection can apply to the UNHCR for assistance and protection.
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