Protecting the rights of displaced Ukrainians and shaping pathways towards lasting solutions
The activation of the Temporary Protection Directive in European Union member states for the first time, in response to Russia’s war of aggression against Ukraine and the subsequent forced displacement of civilians, marked a new chapter in European co-operation on international protection. At the same time, the directive itself provided a legal and policy template for the protection of war-displaced Ukrainians in Council of Europe member states outside the European Union.
This thematic paper critically assesses how temporary protection has upheld the human rights of war-displaced Ukrainians across European countries over time, with a focus on core socio-economic rights, the right to seek and enjoy asylum, the right to family life and protection from discrimination in the enjoyment of rights. It also discusses the potential implications for human rights of emerging national proposals for transitioning individuals beyond the temporary protection framework into alternative national immigration statuses based on work, study, family and humanitarian grounds, or towards return to Ukraine.
It also contains conclusions and recommendations, premised on the overarching principle that “no one size fits all”, as the diverse needs, circumstances and aspirations of the population of persons displaced from Ukraine require policies that facilitate the full range of transition options, including long-term residence or repatriation based on informed and independent decisions ensuring that all processes of returning to Ukraine are voluntary and human rights compliant.
EXECUTIVE SUMMARY 1. INTRODUCTION
1.1. Background and aims of the thematic paper
1.2. Approach and structure
2. TEMPORARY PROTECTION OF DISPLACED PERSONS FROM UKRAINE: REFUGEE POLICY CONTEXTS AND INITIAL IMPLEMENTATION ACROSS EUROPE
2.1. Origins and context of an “exceptional” policy response
2.2. Implementation in the early years (2022-23)
3. FOUR YEARS IN: RIGHTS AND DILEMMAS ASSOCIATED WITH PROLONGED TEMPORARY PROTECTION
3.1. Changes to the rights of temporary protection beneficiaries
3.2. Obstacles to asylum rights for beneficiaries of temporary protection
3.3. From temporary protection to work permits: restrictions and opportunities
4. TRANSITIONS FROM TEMPORARY PROTECTION
4.1. Asylum and national protection pathways
4.2. Work, study and family-based pathways
4.3. Voluntary and human rights compliant return to Ukraine
5. CONCLUSIONS AND RECOMMENDATIONS
5.1. All transition pathways needed
5.2. Asylum
5.3. Work permits and work-conditioned immigration statuses
5.4. Vulnerable groups and national interim humanitarian protection
5.5. Access to long-term residence and citizenship
5.6. Voluntary return/repatriation
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