29
September
2023

The Russian aggression against Ukraine – Displaced children finding protection in the EU - Bulletin 3

Russia’s invasion of Ukraine posed new challenges for the EU. Millions were forced to flee the war. As a result of the scale of people’s displacement, the EU activated for the first time the Temporary Protection Directive (TPD). More than 1.3 million children sought international protection in the EU. This bulletin explores the respect, protection and fulfilment of the fundamental rights of displaced children and ways to safeguard their rights. The third in a series, this bulletin builds on the evidence in FRA’s Bulletin #1 and #2 on the experiences of displaced people seeking safety in the EU.

The UN Convention on the Rights of the Child (CRC) contains four general principles for interpreting and implementing the rights in the Convention.[11]  Committee on the Rights of the Child, General Comment 14 (2013) 29 May 2013.
These are: the principle of non-discrimination (Article 2), the best interests of the child (Article 3), the right to life, survival, and development (Article 6), and the right to express views and have them be taken into account with due weight in accordance with age and maturity (Article 12).

Most relevant to the current context is Article 12, which is both referred to as the child’s right to be heard and the child’s right to participation. Provision of information is a precondition for the realisation of the right of the child to participate.

The Charter establishes the right of children to express their views freely in Article 24(1), and Article 24(2) stipulates that, in all actions relating to children, the child’s best interests must be the primary consideration.

The guidelines for implementing the TPD emphasises that “children must be heard and taken into account”.

This section assesses the availability and use of child friendly information. When the war began and people started fleeing, Member States established emergency reception structures that provided information and had child-friendly areas. These were gradually replaced by one-stop service points which served as both reception and registration centres.[12] EUAA (2023), Providing Temporary Protection to Displaced Persons from Ukraine. A Year in Review, March 2023, Ch. 2. 
Information was provided at the European, national and local level. For example, the EU provided information for people fleeing the war, many countries set up emergency helplines and cities welcomed displaced people.

Specific child-friendly information materials or initiatives, however, were found in just a few of the 14 Member States where information was collected (see Methodology). Notably, the research found only one example. The cooperation agreement between Lithuanian and Ukrainian authorities takes measures to ensure a provision of information to every child about child rights and available services. This includes providing it in a language the child understands or providing interpretation, while considering age, maturity and individual needs.

“Member States are encouraged to ensure that all children are provided, in a child-friendly and age- and context appropriate manner, with relevant information on the situation, their rights and on procedures and services available for their protection. All decisions or actions to be taken in relation to children must be based on the principle of the best interests of the child as the primary consideration.”

European Commission, Operational Guidance on the application of the Temporary Protection Directive.

Leaflets and reports were used most frequently as the way to provide child-friendly information to children about their rights, safety, available support and complaints mechanisms.

National human rights bodies or public institutions developed such information in many Member States. In Czechia, for example, the Ombuds body published an information leaflet, in both Czech and Ukrainian, about children’s rights, services and psychological support. Information about child rights in Lithuania was developed by the Child Rights Protection and Adoption Service. In Bulgaria, the State Agency for Child Protection developed leaflets and posters in English and Ukrainian[13] Bulgaria, State Agency for Child Protection, Letter No 04-21-59-1/09.06.2023 to the Center for the Study of Democracy, 9 June 2023. For more information about the campaign, see the press releases of the State Agency for Child Protection for the visits in Varna and Ruse.
, and experts from the agency visited places accommodating children from Ukraine and met with the children and their parents. The campaign is part of an international project implemented by Child Helpline International in partnership with UNICEF European and Central Asian Regional Office.

Similar joint initiatives between state authorities, CSOs and international organisations were also found in Spain and Romania. In Spain the Ministry of Social Rights and Agenda 2030, UNHCR Spain and Plataforma Infancia (a network of 75 child-rights organisations), published a child-friendly report on rights to temporary protection, family reunification and where to find psychological support. In Romania, UNHCR published information for children and young people arriving from Ukraine and IOM Romania disseminated child-friendly safety information.

Across the EU, there were a range of activities including campaigns to raise awareness, strengthening anti-trafficking hotlines with additional Ukrainian speakers and training professionals, such as asylum officers, the police and CSOs. For more information on activities, see Chapter 6.2 on children with disabilities and FRA’s Fundamental Rights Report 2023 Focus chapter on the fundamental rights implications for the EU of the war in Ukraine.

In Germany, the German Society for Psychology and in the Netherlands, Pharos (a knowledge centre on health disparities) produced child-friendly videos about trauma and depression.

Child participation involves assuring children capable of forming their views, the right to express those views freely in all matters affecting them, and it is one of the four core principles of the CRC (Article 12(1)). Article 24 of the Charter outlines the right to express views freely, and should considered on matters which concern them depending on their age and maturity. It binds the Member States when implementing EU law, which is the case when implementing the TPD.

Despite these layered obligations for Member States to respect the right to participation, and an increased focus on child participation both in the EU and national level, structured efforts to ensure participation of children displaced from Ukraine were found only in few Member States.

The few examples found were in relation to guardianship for unaccompanied children. In Italy, the National Authority for Childhood and Adolescence issued a recommendation on listening to and considering the opinions of unaccompanied children displaced from Ukraine. The Authority met unaccompanied migrant children living in reception facilities to hear about their experiences. According to information provided by the Croatian Ministry of Labour, Pension System, Family and Social Policy, when appointing a guardian, the regional offices of the Croatian Institute for Social Work are required to listen to the child, in accordance with their age and maturity.[14]  Croatia, Ministry of Labour, Pension System, Family and Social Policy, email received on 4 July 2023.

Previous FRA research on guardianship systems for unaccompanied children in the EU identifies efforts to ensure child participation around guardianship in Finland and the Netherlands. FRA’s desk research for this study did not identify examples in the public domain of ensuring the right to be heard in relation to accompanied children.

Participation of Ukrainian children in national children or youth counsels was found only in few countries. In Romania on 1 June 2023, the Senate of Romania organised the third annual Senate of Children involving children from Ukraine. In Lithuania, a Youth Exchange Council of Lithuania and Ukraine has existed since 2015 facilitating youth exchanges, events, meetings and funding various specific projects. In Slovakia, within the framework of updating the national action plan for the implementation of the European Child Guarantee, child participation is planned for and the working groups to gather children’s input will also include children from Ukraine.[15]  Slovakia, Information provided by a representative of the Ministry of Labour Social Affairs and Family of the Slovak Republic on 16 June 2023 via e-mail.