The TPD applies to all EU Member States,[1] For Ireland, see Council Implementing Decision (EU) 2022/382 of 4 March 2022 having the effect of introducing temporary protection; Recital 25: ‘Ireland is bound by Directive 2001/55/EC and is therefore taking part in the adoption of this Decision.’. It was adopted into Irish law by Section 60 of the International Protection Act 2015.
except Denmark that has a similar national protection scheme. The TPD entitles those displaced because of the war to legal residence, and access to work, housing and social assistance, healthcare, and education. The directive contains specific provisions for the protection of children, such as the appointment of a legal guardian for unaccompanied children (Article 16.1).

Following the Council Implementing Decision (EU) 2022/382 on temporary protection to those displaced from Ukraine, Member States responded by creating temporary protection through various legal acts and policies.

• Some EU Member States adopted or amended national legislation addressing specific issues related to children displaced from Ukraine. Some address specific processes, such as registration for temporary protection; others focus on children’s access to social rights, including access to social welfare or access to education. Few addressed the prevention of human trafficking in human beings.
• About a third of the EU Member States either developed policies on children’s access to education and healthcare or implemented measures related to children in targeted action plans addressing displaced persons from Ukraine. In some Member States, such measures were integrated in existing policies and strategies.   
• All EU Member States increased their budget allocations to support persons arriving from Ukraine. However, fewer than half of Member States put in place dedicated budgets specifically related to the reception and inclusion of displaced persons from Ukraine, including children. 
• There is a mixed picture of how children displaced from Ukraine are covered by national actions plans for the implementation of the European Child Guarantee (2021/1004/EU). Three EU Member States have not yet submitted their final national action plans. Of the remaining Member States, one third make no reference to children fleeing Ukraine. Seven Member States acknowledge the challenge posed by the displacement from Ukraine but do not contain concrete measures or indicators, while eight set out specific measures in their national action plans, largely focussing on access to early childhood education and/or care, and access to education.

Under Article 10 of the TPD and as detailed in its Annex II, Member States must register personal data of persons who are granted temporary protection on their territory. In its FAQs on registration, reception and care of unaccompanied children, the European Commission stressed that “children are entitled to protection, full care and access to all basic rights immediately upon arrival” clarifying that registration with the child protection services is a distinct and important step to help ensure the child’s protection, including appropriate guardianship.

Various approaches exist across the EU regarding the national systems in place for the registration of adults and children – specifically unaccompanied children – displaced from Ukraine.

• Across the EU, multiple authorities are involved in registration procedures and systems all of which hold various types of personal data depending on their competences. In some Member States, the system is decentralised which can pose an additional complexity for a unified approach to screening for vulnerability and care and compiling necessary data.
• Procedures and definitions used to register data about different categories of children are not unified across Member States. About a third of Member States register accompanied, separated and unaccompanied children in separate categories; other register separated children under the category of unaccompanied children.
• In line with the European Commission’s recommendation some countries established special registries for unaccompanied and separated children. Two Member States have registers of all children displaced from Ukraine as beneficiaries of temporary protection (TP), including those who came with their parents or legal guardians.

Eurostat data show that more than 1.3 million children had received temporary protection status in 25 Member States as of June 2023. Thirteen Member States had registered 7,695 unaccompanied children as beneficiaries of temporary protection.

• No comprehensive national data are available on the number of children displaced in the EU Member States, beyond the Eurostat data. Regularly updated and published data at national level is only available in about a third of the EU Member States.
• Additional complexity derives from the fact that data sets are updated at different intervals and the level and type of disaggregation differ. Data from Member States are not always disaggregated by age and sex, making it difficult to access the different risks and protection needs for different age groups and, in particular, for girls.

The best interests of the child (Article 3) is a right, principle and a rule of procedure under the UN Convention on the Rights of the Child (CRC). A child’s right to express their views freely is another cornerstone right protected under Article 12 CRC, Article 7 (3) CRPD and Article 24(1) of the Charter of Fundamental Rights of the EU.

Article 15 (4) of the TPD confirms that in cases where families that already existed in the country of origin were separated due to circumstances surrounding the mass displacement, Member States shall take into consideration the best interests of the child.

• Specific child-friendly information initiatives were found only in a few Member States. Generally, they included distributing leaflets and posters informing children about their rights, safety, available support, and complaints mechanisms.  
• Structured efforts to ensure the participation of children in decisions affecting them occurred only in a few Member States. The examples found relate mostly to child participation concerning guardianship.

The TPD requires Member States to grant all beneficiaries of temporary protection access to rights, such as access to medical assistance and healthcare (Article 13 (2), (4)), access to education (Article 14 (1)) and access to social welfare and means of subsistence if they do not have sufficient resources (Article 13 (2), (3)).

Along with ensuring full protection, in the operational guidelines for implementation of the TPD, the European Commission underscores that Member States must ensure swift access to “specific rights of children – education, healthcare, including preventive care and mental health care, and, psychosocial assistance as well as any necessary support services to secure the child’s best interests and wellbeing”.

FRA’s previous research on the fundamental rights challenges related to Russia’s war of aggression against Ukraine, and evidence from national and European level, show that those who benefit from temporary protection also face difficulties in their daily lives. This research also illustrates the variety of different approaches taken by Member States.

2023 saw increased efforts on the part of the European Commission and respective Ukrainian ministries for more effective coordination, including by signing agreements for sustained cooperation on education and coordination on health.

• While most Member States grant beneficiaries of temporary protection access to healthcare, including mental health care, equivalent to nationals and permanent residents, some countries require additional steps, such as the requirement to obtain a health card or residency permit. Challenges in children’s access to healthcare persist, largely related to delays in access, language barriers, and lack of accessible information. Previously existing challenges in national health systems remain, such as lack of sufficient medical staff or insufficient mental health support, which hinder access to services by displaced populations.
• Internationally recommended vaccinations for children are available free of charge in most Member States, however the low vaccination coverage among displaced children led some Member States to initiate awareness raising campaigns targeting parents.
• Research points to the deep psychological consequences for children displaced by this war. The language barrier continues to be the most challenging obstacle in providing mental health services and trauma support.

Article 13 (2) of the TPD scheme grants access to social welfare support if they do not have sufficient resources.

• Most Member States provide social welfare support to children displaced from Ukraine within their general social assistance system. Some Member States, however, require parents or guardians displaced from Ukraine to take additional administrative steps, such as applying for other types of residence permits.
• In some Member States, disability certificates are not automatically recognised and thus children with disabilities do not automatically qualify for allowances and support when they arrive. They may have to undergo an assessment by the authorities or translate their documents have their documentation which can cause delays and involve additional costs.  

The TPD requires Member States to grant everyone aged under 18 years old access to education under the same conditions as their own nationals (Article 14 (1)). Despite Member States’ effort to include displaced children from Ukraine in mainstream national education systems, only about half a million were enrolled in the 2022/2023 academic year .

• Some Member States require enrolment to compulsory education for children fleeing from Ukraine. In many cases, those who are permitted to have home-based schooling in the Ukrainian language must take exams as part of the formal educational system.
• To support efforts encouraging school attendance in  Member States, the Ukrainian Ministry of Education and Science issued an order on 15 May 2023. This order allows Ukrainian pupils and students attending school in the EU to not attend Ukrainian online education, which was previously required for continuing education in Ukraine in future. This recent change could positively affect school registration and attendance for the 2023/2024 academic year.
• Ongoing challenges hinder the inclusion of children displaced from Ukraine into mainstream schooling including a lack of capacity to enrol additional students, lack of teaching staff, insufficient access to language classes and support for those who continue to take Ukrainian schooling online.
• Member States developed targeted policies and measures to alleviate existing barriers. For example, Member States increased budgets, hired Ukrainian-speaking support teachers and provided language preparatory classes.
• Data on enrolment and attendance of children displaced from Ukraine in Member States’ schools is not comprehensive. Data are either not collected or not publicly available. In most cases, data are not centrally collated making it difficult to monitor dropouts during the academic year.

The Charter of Fundamental Rights of the EU grants children the right to protection and care necessary for their well-being (Article 24).

Children temporarily or permanently deprived of their family environment are entitled to special protection and assistance provided by the State (Article 20, CRC). Article 22 of the CRC outlines the protections for those considered as refugees: “a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures, whether unaccompanied or accompanied […] shall receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights under the CRC”. 

With children making up around one third (34.6%) of the nearly 4 million people from Ukraine benefitting from temporary protection in the EU, child protection systems across Europe are under increased pressure. Existing issues in establishment and operation of national child protection systems, as well as coordination with other actors, have once again become apparent, as over a million children sought refuge in the EU while fleeing Ukraine.

• In all Member States general child protection system applied to children displaced from Ukraine. Policies and practices developed for other third-country national children arriving unaccompanied also applied for unaccompanied children arriving on their own. Some Member States have developed special policies in the first weeks and months to ensure consistency and clarity of procedures and to strengthen coordination between different actors.
• With various bodies sharing responsibilities related to accommodation, representation and follow-up of unaccompanied and separated children displaced from Ukraine, some Member States created specialist teams to strengthen and coordinate the response to children arriving from Ukraine.
• Children arriving entirely on their own were placed in reception centres or foster families. However, the majority were separated children, meaning they arrived without parents but came with another adult relative or family friend. In these cases, the children would generally be placed with the accompanying adult in reception centres for families or in private accommodation. Other children came in groups, often on the initiative of a sport club or a non-governmental organisation. and accompanied by adults linked to these initiatives who were also accommodated together as a group.
• The oversight of child protection authorities with respect to separated children depends on the agreed care arrangement. If a guardian was assigned in Ukraine, child protection authorities in Member States will only intervene if there is a risk for the child, with the authorities making use of the possibility of establishing urgent protection measures under the 1996 Hague Convention on Child Protection.

Assigning a legal representative to support a child who does not have parental care is a key element of child protection. It is a well-established requirement in international law (Article 22, CRC) as well as in national and EU law, including in the TPD (Article 16).

Existing challenges in the practical implementation of legal guardianship for unaccompanied children seeking asylum in Europe, evidenced in the FRA’s report on guardianship, were exacerbated by the large influx of children displaced from Ukraine.

• Legal and procedural uncertainty about accepting Ukrainian guardianship documents, particularly in the first weeks and months when people started arriving, created extra challenges. There was a lot of uncertainty about cross-border recognition of judicial or administrative decisions regarding parental responsibility and child protection, as per the 1996 Hague Convention on Child Protection. Different actors helped to clarify the situation, including the European Judicial Network and the Hague Conference on Private International law. The Ukrainian embassies in all Member States played an important role in clarifying the legality of Ukrainian documents.
• There are diverse approaches in how Member States appointed or recognised guardians for children who arrived with an appointed guardian from Ukraine. In most cases, the accompanying adult functioned as the legal representative of the child, but sometimes the responsibility was shared with Member States’ authorities, and certain decisions were taken together with national authorities or with the parents who remain in Ukraine.

Research shows that institutionalisation of children, for example, in care or other institutions, is detrimental to the development of a child. It violates rights enshrined under international law, the CRC and the UN Convention on the Rights of Persons with Disabilities (CRPD). In addition to obligations under international and European law, the lived experience of persons who have resided in institutions demonstrates the need to move away from this practice.

EU Member States have made progress on deinstitutionalisation in recent years. However, since Russian’s invasion of Ukraine, some Member States are finding themselves forced to revert to institutional practices to accommodate groups of children arriving from Ukrainian institutions, who, as originally requested by Ukrainian authorities, should be kept together. As the groups are of large numbers, in practice this often means Member States cannot provide appropriate community-based care in small family-type facilities, according to their obligations under the CRPD.

• Most of these children arrived with carers and/or the director of a Ukrainian institution. Their guardianship over the children is legally established in Ukraine and, in most instances, legally recognised by the relevant authorities in the receiving Member State.
• In some Member States, there was no engagement with child protection authorities. Member States’ authorities monitoring the situation identified several cases of neglect concerning children in institutional care.
• Some Member States seem to have allowed for a different standard for facilities hosting children from Ukrainian institutions, which is lower than other national childcare facilities. As a result of bilateral agreements and other less formal arrangements, children were placed together in large facilities and facilities which were not adequate for the care of children and children with disabilities.
• Data on the number of children displaced from Ukrainian institutions appears fragmented and uncorroborated. Information gathered by FRA suggests that 18 Member States received children from institutions. FRA’s research could not gather a clear overview of how many children may have since returned to Ukraine.

All EU Member States, Ukraine and the EU itself have acceded to the CRPD which is the UN convention on people with disabilities and their rights. The CRPD requires States Parties to take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children (Article 7), the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict (Article 11) and the respect of children with disabilities’ right to family life and care within the community in a family setting (Article 23 (5)). The best interests of the child are a primary consideration.

• Some Member States ensured equal access to national benefits and allowances for children with disabilities fleeing Ukraine and their families. Some developed targeted support programmes or lowered thresholds to access certain benefits.
• Challenges in accepting medical diagnoses or disability certification from Ukraine also emerged, limiting the access to support services to children with disabilities until a national disability certificate was issued.
• A few Member States established specific procedures to ensure the appropriate reception of children with disabilities evacuated from Ukrainian institutions, such as referral mechanisms.

During times of conflict, children are particularly vulnerable and at risk of going missing or falling victims to crimes, including trafficking, sexual abuse, and other forms of exploitation. Unaccompanied and separated children are a particular concern.

• All Member States have transposed the EU Directive on the rights of victims of crime into national law. A small number of Member States implemented specific measures to address risks and provide targeted support for children displaced from Ukraine.
• Most EU Member States launched information campaigns to tackle the risk of crime, in particular the risk of human trafficking of women and children. Such initiatives were primarily carried out by civil society organisations (CSOs) and international organisations or jointly with state authorities.

It is an agreed international principle that inter-country adoptions of children should not happen during situations of war or conflict. The Hague Convention Bureau restated this again for Ukraine. The intention is to avoid taking hasty and consequential decisions in an emergency setting where an adopted child could be later reunited with their family, which is, in principle, the best setting for the child’s development.

• Some Member States implemented specific safeguards or reported targeted engagement with law enforcement agencies to prevent illegal adoptions.