Publication date: 11.07.2024
Protection of migrants' rights in Ukraine
Introduction
The protection of migrants' rights is an important aspect of Ukraine's legal system and international law. As a member of the international community, Ukraine is obliged to ensure the rights of migrants in accordance with international standards and national laws. In this article, we will look at the main aspects of migrants' rights protection in Ukraine, legal guarantees, protection procedures and the role of international and national organisations in ensuring these rights.
International and national legal acts
International legal acts
Ukraine is a party to numerous international treaties relating to the protection of migrants' rights. The main ones are as follows:
- Universal Declaration of Human Rights
- International Covenant on Civil and Political Rights
- International Covenant on Economic, Social and Cultural Rights
- Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
National legal acts
The national legislation of Ukraine also contains provisions regulating the rights of migrants and persons in need of protection. The main legal acts are:
- The Constitution of Ukraine
- The Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons"
- The Law of Ukraine "On Employment of the Population"
- The Labour Code of Ukraine
- Resolutions of the Cabinet of Ministers of Ukraine regulating migration and employment of migrants
Rights of migrants in Ukraine
The right to equal treatment
Migrants have the right to equal treatment with citizens of Ukraine without discrimination on the grounds of race, skin colour, religion, gender, nationality, social origin or other characteristics. This right is guaranteed by both international and national legal acts.
The right to work
Migrants have the right to work on equal terms with Ukrainian citizens. This includes the right to equal remuneration, social protection, safe working conditions, holidays and other labour rights.
Right to social protection
Migrants have the right to social protection, including the right to social insurance, medical care, pensions and other types of social benefits provided for by law.
Right to education
Migrant children have the right to education on equal terms with Ukrainian citizens. This includes the right to attend schools and other educational institutions, as well as the right to receive scholarships and other financial support.
Right to medical care
Migrants have the right to medical care on an equal basis with Ukrainian citizens. This includes primary medical care, emergency medical services and other types of medical care provided by law.
Right to legal protection
Migrants have the right to legal protection and access to justice. They can apply to courts, law enforcement agencies and other state bodies to protect their rights and interests.
Migrants' responsibilities
Compliance with Ukrainian legislation
Migrants are obliged to comply with the legislation of Ukraine, respect its constitutional order and contribute to the maintenance of public order.
Fulfilment of the conditions of stay
Migrants must comply with the conditions of their stay in Ukraine, including timely preparation of necessary documents, registration of residence, obtaining work permits, etc.
Protection of migrants' rights
State authorities
The protection of migrants' rights in Ukraine is ensured by various state bodies, including:
- State Migration Service of Ukraine (SMS)
- State Employment Service of Ukraine (SES)
- Ministry of Social Policy of Ukraine
- National Police of Ukraine
International organisations
International organisations also play an important role in protecting the rights of migrants in Ukraine. Among them:
- United Nations High Commissioner for Refugees (UNHCR)
- International Organisation for Migration (IOM)
- International Labour Organization (ILO)
National human rights organisations
National human rights organisations provide legal assistance, represent migrants in courts and government agencies, and raise awareness of migrants' rights among the population.
Procedures for protecting migrants' rights
Preparation of necessary documents
Migrants must timely obtain the necessary documents for legal stay and employment in Ukraine. This includes obtaining residence and work permits, registration of residence, etc.
Filing complaints and appeals
In case of violation of their rights, migrants have the right to file complaints and appeals to state authorities, human rights organisations and international organisations. This can be done in writing or electronically.
Judicial protection
Migrants have the right to go to court to protect their rights and interests. Judicial protection is an important mechanism for restoring violated rights and ensuring justice.
Practical advice for migrants
- Paperwork: Timely prepare all necessary documents confirming your legal stay and employment in Ukraine.
- Consultation with a lawyer: Contact a lawyer or human rights organisation for advice and legal assistance.
- Compliance with the law: Follow the laws of Ukraine, respect its constitutional order and contribute to the maintenance of public order.
- Reportingchanges in circumstances: Notify the relevant state authorities of any changes in circumstances that may affect your legal status, including changes in residence, marital status, etc.
Conclusion
The protection of migrants' rights in Ukraine is an important aspect of the national and international legal system. It is important to know your rights, follow the established procedure and seek legal assistance if necessary. We hope that this article will help you understand the main aspects of migrant protection in Ukraine and successfully protect your rights.
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