Publication date: 08.07.2024
Refugee rights in Ukraine: international standards and national legislation
Refugee rights are an important topic in the field of human rights protection, especially in the modern world, where political, economic and social conflicts lead to massive displacement of people. Ukraine, as a country that is actively integrating into the international community, is obliged to comply with international standards of refugee protection. In this article, we will look at the main international standards in the field of refugee rights, the national legislation of Ukraine regulating this aspect, and the current issues arising in this area.
International refugee rights standards
The main international standards in the field of refugee rights are enshrined in the following documents:
The1951 UN Convention relating to the Status of Refugees:
- This Convention is the main international instrument that defines the rights and obligations of refugees, as well as the obligations of state parties to protect them. It establishes the definition of a refugee and provides protection guarantees, such as the right to non-refoulement, housing, education, work and social protection.
The1967 Protocol relating to the Status of Refugees:
- The Protocol supplements the 1951 Convention by extending its application to refugees from all regions of the world, not just Europe, as originally envisaged.
TheUN Declaration of Human Rights of 1948:
- Although not a legally binding document, the Declaration enshrines fundamental human rights that must be respected for all persons, including refugees.
TheEuropean Convention on Human Rights of 1950:
- This Convention guarantees the protection of human rights and fundamental freedoms in Europe, including the right to life, liberty and security, the prohibition of torture, and the right to a fair trial.
National legislation of Ukraine in the field of refugee rights
Ukraine, as a state that has ratified the main international instruments in the field of refugee rights, is obliged to implement their provisions in national legislation. The main legal acts of Ukraine regulating refugee rights include:
TheConstitution of Ukraine:
- The Constitution of Ukraine enshrines fundamental human and civil rights and freedoms that apply to all persons on the territory of Ukraine, including refugees.
TheLaw of Ukraine "On Refugees and Persons in Need of Complementary or Temporary Protection":
- This law defines the legal status of refugees and persons in need of complementary or temporary protection, the procedure for granting and withdrawing status, as well as their rights and obligations.
Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons":
- The Law regulates the legal status of foreigners and stateless persons in Ukraine, including asylum and protection of their rights.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Provision of Social Services to Refugees and Persons in Need of Additional or Temporary Protection":
- The Resolution regulates the procedure for the provision of social services to refugees, including housing, medical care, education and other social services.
Refugee rights in Ukraine
Ukrainian legislation provides refugees with the following rights:
Theright to protection from return:
- Refugees have the right to protection from refoulement to a country where their life or freedom is threatened. This right is enshrined in international instruments and national legislation.
Right to residence:
- Refugees have the right to reside in Ukraine legally, to obtain a residence permit and to change their place of residence in accordance with Ukrainian legislation.
Right to work:
- Refugees have the right to work in Ukraine, to obtain a work permit and to access the labour market on equal terms with Ukrainian citizens.
Right to education:
- Refugees have the right to education in Ukraine on equal terms with Ukrainian citizens, including access to pre-school, general secondary, vocational and higher education.
Right to medical care:
- Refugees have the right to receive medical care in Ukraine on equal terms with Ukrainian citizens, including access to state and municipal healthcare facilities.
The right tosocial protection:
- Refugees have the right to receive social assistance and social services in Ukraine on equal terms with Ukrainian citizens, including housing, social benefits and other types of assistance.
The procedure for obtaining refugee status in Ukraine
The procedure for obtaining refugee status in Ukraine includes the following stages:
Submission of anapplication:
- A person seeking asylum in Ukraine must submit an application for refugee status to the State Migration Service of Ukraine (SMS) or to a border guard agency when crossing the state border.
Consideration of the application:
- The SMS considers the application for refugee status, conducts an interview with the applicant, and collects the necessary documents and information to make a decision.
Decision-making:
- Based on the information collected, the SMS makes a decision to grant or refuse refugee status. In case of a positive decision, the applicant receives a residence permit and other necessary documents.
Appealing the decision:
- In case of refusal to grant refugee status, the applicant has the right to appeal the decision of the SMS in court.
Current issues of refugee protection in Ukraine
The protection of refugee rights in Ukraine faces a number of challenges and problems that need to be addressed and resolved. The most pressing issues include:
Provision of housing and social protection:
- Many refugees face problems with housing and social protection. There is a need to ensure a sufficient number of places in temporary shelters, as well as to provide opportunities for social assistance and support.
Access to employment:
- Refugees often face difficulties in finding employment due to language barriers, lack of necessary documents or discrimination by employers. It is necessary to create conditions for their employment, provide language courses and vocational training.
Access to healthcare:
- Refugees may face problems accessing healthcare due to lack of health insurance or language barriers. It is necessary to ensure their access to medical services on equal terms with Ukrainian citizens.
Integration into society:
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