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

Legal corner: Right to healthcare, education, and social security and assistance

Article 13 (2) and (4) of the TPD - healthcare

(2) Without prejudice to paragraph 4, [Member States shall make provision for persons enjoying temporary protection to receive] the assistance necessary for medical care shall include at least emergency care and essential treatment of illness.

(4) The Member States shall provide necessary medical or other assistance to persons enjoying temporary protection who have special needs, such as unaccompanied minors or persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence.

Article 14 of the TPD - education

(1) The Member States shall grant to persons under 18 years of age enjoying temporary protection access to the education system under the same conditions as nationals of the host Member State. The Member States may stipulate that such access must be confined to the state education system.

(2) The Member States may allow adults enjoying temporary protection access to the general education system.  

Article 13 (2) and (3) - social security and assistance

(2) The Member States shall make provision for persons enjoying temporary protection to receive necessary assistance in terms of social welfare and means of subsistence, if they do not have sufficient resources, as well as for medical care.

(3) Where persons enjoying temporary protection are engaged in employed or self-employed activities, account shall be taken, when fixing the proposed level of aid, of their ability to meet their own needs.

The Charter protects the right to education (Article 14), healthcare (Article 35), and housing assistance (Article 34).

“Full protection and swift access to the 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 interest and wellbeing to all children fleeing from the Ukrainian conflict, must be ensured.”

European Commission, Operational guidelines for implementation of the TPD,

21 March 2022, p. 7.

Despite the European Commission’s emphasis on the need for protection and swift access to specific rights for children, one year after the war started, it reaffirmed the persistent challenges in access to healthcare, education and social welfare. FRA’s previous research, as well as other evidence from the national and European level, demonstrates the difficulties temporary protection beneficiaries face in daily life and accessing their social rights granted under the TPD.

Effective access to healthcare is impeded by lack of information and language barriers and the differences of vaccination schedules also presented challenges for health systems in host countries. According to Caritas, numerous challenges relate to pre-existing systematic problems. This includes underfinanced healthcare services, costly medicines, and a lack of psychologists and paediatricians due to labour shortages.

Despite Member States’ efforts to include displaced children from Ukraine in their education systems, only half a million children were enrolled in 2022/2023. Reinforcement of basic infrastructure, including accommodation and accessible housing, is necessary for access to education.

Language and psychosocial support are critical for sustained enrolment rates. 76% of respondents in an UNHCR survey preferred online Ukrainian curriculum studies to education in the Member State. Language barriers, curriculum differences, and long distances to schools, as reported in FRA bulletin #2, may contribute to this preference.

Member States include beneficiaries of temporary protection in the social welfare support systems and some of them developed specifically targeted measures. In such cases, the level of support is often less generous than those for permanent residents or are limited by time duration. The majority of Member States also provide different types of additional benefits or one-off support measures. According to the Commission, civil society also frequently provided essential support through voluntary support platforms, individual donations and other initiatives.

Promising practice – Connecting families with host families in Spain

A project in Spain connected Ukrainian families with families to host them in their homes, for a minimum of six months. The project, ‘Family looking for family’ was established by the Ministry of Inclusion, Social Security and Migration and the foundation of the bank La Caixa. The project took place in four of the provinces with the highest volume of arrivals: Madrid, Barcelona, Murcia and Malaga.

 

FRA’s survey on experiences of people displaced from Ukraine in the EU illustrates widespread challenges in access to healthcare. Almost half of respondents aged 16+ mention ‘language difficulties’ and almost a third mention ‘not knowing where to go or whom to contact’ as the most frequent problems when seeking healthcare.

One year on from the start of the war, the European Commission concluded that Member States provided access to temporary protection beneficiaries on a par or closely mirroring that of their citizens, with few exceptions. However, the Commission acknowledged that some challenges exist.

Accordingly, an arrangement for cooperation on health between the European Commission and the Ministry of Health of Ukraine, signed in June 2023, aims to address these challenges. Both “increased mental health and psychosocial support” and “improved access to healthcare for refugees and people displaced from Ukraine” feature as two of the six priorities set out in the agreement. Another initiative under the Arrangement is to establish a training programme for people working with children to equip them with skills to provide trauma-informed care. The European Commission and Ukraine intend to provide specialised rehabilitation services to distressed children in both Ukraine and the EU.

In most Member States, displaced persons from Ukraine, including children, are automatically included in the public health insurance scheme once they register for temporary protection. They have the same entitlement to benefits and services from health insurance as other insured persons, nationals and residents in the respective Member State.

Many Member States reported challenges, such as delays in beneficiaries of temporary protection accessing healthcare, language difficulties, and the lack of accessible information, such as Malta, Greece, Romania, Netherlands. Some Member States, including Croatia, Italy and Spain, developed guides or protocols providing accessible information on access to health care for children and their parents or guardians.

Additional challenges reported by, for example Slovakia and Czechia,[16]  Czechia, Online interview of Franet contractor with the NGO LOCIKA, 8 June 2023.
relates to the lack of paediatricians available to children displaced from Ukraine, linked to a more general problem of insufficient numbers of health personnel. In Slovakia, for example, practicing paediatricians saw an increase of up to 20% following the displacement from Ukraine. As a result, paediatricians tended to refuse new patients, especially those who were beneficiaries of temporary protection.[17]  Slovakia, information provided by the representative of the Bratislava Self-Governing Region to the Franet contractor in an interview on 5 June 2023.
In Bulgaria, temporary protection beneficiaries face many of the same challenges in accessing health services as other vulnerable people related to lengthy administrative procedures requiring different types of documents.

Some countries require additional measures to be put in place beyond acquiring a temporary residence status. For example, in Italy, Greece and the Netherlands, it is necessary to have an additional health card, residency permit or a code in order to access health services. Cyprus does not grant access to children fleeing Ukraine to the general healthcare system and they do not have the right to be assigned a personal doctor of their choice. Access is given only to the state hospitals for emergency care and the right to be treated by the hospital doctors available at the time.[18] Cyprus, Telephone consultation of Franet contractor with the Ministry of Health, 16 June 2023.

Promising practice – Clinic for children displaced from Ukraine in Bratislava, Slovakia

Regional authorities in Bratislava, with the support of UNICEF and WHO, opened an outpatient clinic for children fleeing Ukraine in one of the city’s health centres. The clinic assists 20 to 40 children daily and employs three paediatric doctor. Services are provided in Ukrainian language through Ukrainian medical staff working in the clinic, as well as through a Facebook platform.

Vaccination rates for children in Ukraine against measles, polio and tuberculosis are estimated to be below the Word Health Organisation (WHO) recommended levels. With the flow of children from Ukraine to Member States, there is a need to continue the vaccination process to meet internationally recommended levels. The European Commission reiterates the need for vaccination, highlighting that “priority will be given to the vaccination of displaced children, according to the vaccination programmes of the host country”.

According to a report prepared by the European Observatory on Health Systems and Policiescommissioned by the European Commission, routine childhood vaccinations are free and covered by the national system in many countries. However, FRA’s research found that there is a low coverage among displaced children from Ukraine, for example in Bulgaria and Ireland. In the latter, national authorities have launched a nationwide vaccination programme for migrant children and young adults. All Community Healthcare Organisations are now engaged in the delivery of Catch-up Vaccination Services, as a priority public health programme.[19]  Ireland, Correspondence from Health Services Executive (HSE) Ukrainian Refugee Coordination Group, 7 July 2023
In Poland, launched communication campaigns about free vaccinations for adults and children.

A small number of Member States insist on obligatory vaccination as condition for entry to the educational system. Bulgaria and Greece require children to have all necessary vaccinations to enrol in schools.

The TPD highlights the assistance needed by people with special needs, such as unaccompanied children and people who have experienced torture, rape, or other serious forms of psychological, physical or sexual abuse (Article 13(4)). Means for a full rehabilitation, should be also provided in the case torture, according to the Convention against torture and other cruel, inhuman or degrading treatment or punishment.

Recognising the profound psychological impact of the trauma children who fled Ukraine are subject to, the European Commission committed to establish a specialised e-learning program to equip paediatricians and primary care medical staff with the necessary skills to provide trauma care. Specialised rehabilitation services will also be offered to distressed children in both the EU and in Ukraine.

FRA’s survey on experiences of people fleeing Ukraine provides evidence of children’s immense stress and trauma. Of children aged 16 and 17 who were surveyed, three quarters had experienced the threat of shooting, bombing or missile attacks. Some 40% of children aged between 12 to 15 continue to experience depression, anxiety or panic attacks and almost half find it difficult to sleep or concentrate. In some Member States, research has explored the mental health and well-being of children arriving from Ukraine. In Germany, research finds that children predominantly present non-specific symptoms or symptoms on the anxiety and depression spectrum. Most of them had mental or neuro-psychiatric disorders. Similarly, research in Lithuania shows that the majority need psychological, social and other pedagogical support. Research in the Netherlands finds high levels of anxiety, stress and other disorders. It also claims that there are not enough Ukrainian and Russian-speaking professionals with a Dutch registration to work, which further complicates the provision of support. A Save the Children Denmark report finds that more children express that they feel more lonely in Denmark than they usually do at home. It finds that many children have difficulties becoming part of groups and communities in school and engaging in social life activities.

Regarding access to mental healthcare, Germany, Greece, Malta, the Netherlands, Slovenia[20]  Slovenia, Information was provided by the Slovene Philanthropy upon request (interview, 9 June 2023).
and Slovakia reported challenges, all of which reflect those related to the provision of other forms of healthcare, namely long waiting lists, a lack of specialists and a language barrier. In Hungary, it is possible to request an interpreter at short notice to facilitate communication between patients and doctors.[21] Hungary, Minister of Human Capacities’ Order of 9/2022. (III.11.).
A European Observatory on Health Systems and Policies report, commissioned by the European Commission, identifies the language barrier as one of the most challenging obstacles to provide mental health services.

To contend with such challenges, non-governmental organisations (NGOs) were called upon to provide psychological support for children displaced from Ukraine, such as clinical counselling, relief counselling, psychoeducational groups, and crisis intervention.

For example, some non-governmental support programmes in Member States include: Austria (ÖGPP and ÖGKJP), Bulgaria (UNICEF, UNHCR, Blue Dot centres, Bulgarian Red Cross, Karin Dom, and Child and Space Association), Czechia (Amiga via DUMKA and Society for All), Italy (UNICEF and Doctors Without Borders, Save the Children), Poland (Faces of Depression, Mazovian Centre for Neuropsychiatry, Forum against depression), Slovenia (AMBIENT) and Slovakia (Mental Health League).

In Lithuania, displaced children receive free emotional support from psychologists and psychiatrists, and consultations are available online in Russian or Ukrainian.

Non-governmental and volunteer-organised mental health support plays a key role in filling in gaps across the EU Member States. But this is not sustainable in the long-term, as reported by the NGO Locika in Czechia. While short-term mental health counselling is available both through NGOs and the public health system, temporary protection holders from Ukraine have issues accessing long-term psychological support such as long-term therapy sessions that are not covered by public health insurance.[22]  Online interview with a representative of an NGO providing assistance to refugees (8 June 2023); author’s own professional experience at the NGO Centre LOCIKA, information valid on 30 June 2023.

The European Network of Ombudspersons for Children called on Member States that, in addition to strengthening existing hotlines and access to mental health support, there is a need to develop new forms of psychological support specifically designed for dealing with trauma of war.

Promising practice – Facilitating access to mental health services

Member States have provided information to help parents care for their traumatised children and to find information about accessing mental health services. These have been provided in the form of dedicated websites and guidelines in Ukrainian and other languages. For more details on programmes in the respective country, see the links for each Member State as follows: Austria, Belgium, Bulgaria, Czechia, Germany, Greece, Spain, Finland, Croatia, Hungary, Ireland, Italy, Lithuania, Poland and Slovenia.[23]  Slovenia, Information was provided by the Office of the Government of the Republic of Slovenia for the Support and Integration of Migrants upon request (email, 9 June 2023, response dated 8 June 2023). 

According to the European Commission, as of 30 April 2023, close to 780,000 Ukrainian nationals were registered in national education systems of EU Member States and the four non-EU countries associated to the Schengen activities of the EU (Iceland, Liechtenstein, Norway and Switzerland). 

According to the FRA’s survey on displaced people’s experiences in the EU, carried out in 2022, less than half of respondents who were in education shortly before leaving Ukraine have continued their education as offered in their host country. Almost two thirds of children attend online education with a school or university in Ukraine or teach themselves using materials or with support from Ukraine. The language barrier is identified as the biggest challenge in accessing education.

In a dedicated staff working document on education, the European Commission emphasised the following needs: address language barriers and psychological trauma; provide parents with information about educational support; ensure access to extracurricular activities, psychological care and language classes; and recruit Ukrainian-speaking teachers to support children’s integration into the education system. In June 2023, the European Commission and the Ministry of Education and Science of Ukraine signed an agreement for cooperation aimed at strengthening cooperation and dialogue on education.

The Commission welcomed further efforts by Ukraine to encourage schooling in the EU Member States. The order of the Ministry of Education and Science of Ukraine of 15 May 2023 gives refugee pupils and students the option to not attend Ukrainian online education as a prerequisite for continuing their education in Ukraine at a grade appropriate for their age after their return. This might positively influence the enrolment rates in the 2023/2024 academic year.

National or local research published in Member States shows that significant administrative and bureaucratic obstacles exist alongside confusion about how to navigate a new education system. In Czechia about 81% of parents surveyed do not feel sufficiently informed about the educational system.

Although overall enrolment rates in schools are high, a significant percentage of children seem to prefer attending Ukrainian school system online. Research in Hungary demonstrates the difficulties of children from the Roma community who faced segregation and discrimination and high drop-out rates.

Lastly, some Member States reported challenges related to children’s accommodation and accessing schools due to the distance between the two, as was noted, for example, in France[24] France, the information provided by the Head of the Resilience Education and Promotion of International Humanitarian Law Unit of Red Cross France via email on 9 June 2023.
, Greece and Ireland.

Information on accommodation for unaccompanied children and children evacuated from institutions in Ukraine is provided in Chapter 5.4 and Chapter 6.1 respectively. Beyond these categories of children the FRA’s bulletin #2 on the fundamental rights impact in the EU of the Russian invasion in Ukraine outlined the main forms of accommodation in which children displaced from Ukraine and their families are located.

All Member States grant Ukrainian children access to education in compliance with Article 14 of the TPD, however, in various ways and with varying results. In the 2022/2023 academic year, there were mainly three types of schooling: so-called ‘preparatory’ classes; integration into regular classes and education; and online schooling. The Ukrainian Ministry of Education and Science created resources to allow children to continue with online education. EU Member States set up targeted policies and allocated dedicated funding to support national initiatives for the inclusion of children displaced from Ukraine in national education systems (see Chapter 1).

To overcome the language barrier, many Member States provide preparatory courses to improve the language skills of Ukrainian children and enable them to join in-person education. These language courses can be compulsory, voluntary, or part of the school curriculum.

Examples of language support classes for children include in Austria, Belgium, Cyprus[25]  Letter from the Ministry of Education, Sport and Youth to the Franet contractor, 14 June 2023.
, Germany, Romania, Slovenia and Slovakia. German federal states enrolled children and young refugees from Ukraine in classes aimed at intensive learning of the German language. More than one year on, Ukrainian children remain in those special classes, due to lack of capacity in local schools.[26]  Germany, Contribution via phone by SOS Kinderdörfer e.V., 29 June 2023. 
In Belgium, there are preparatory classes for foreign newcomers. However, preparatory classes are saturated, meaning that some beneficiaries are put on waiting lists and in practice do not have access to the education system.

Member States continue to report relatively low rates of registration and enrolment of children in school, as presented in FRA’s bulletin #2. From the information from 14 Member States it is apparent that adequate data on the enrolment and attendance of children displaced from Ukraine in education is still lacking. Only few countries require compulsory education, but even in these cases information on attendance is either incomplete or missing.

The lack of compulsory education for children displaced from Ukraine in some Member States has contributed to low enrolment rates. For example, there are only 2,656 out of 7,045 children displaced from Ukraine (7-18 years) enrolled in Latvian schools. A letter from civil society to the parliament emphasised the need for control mechanisms and stricter policies to ensure integration of Ukrainian children in Latvian schools. A similar trend of low enrolment is seen in Slovakia, where compulsory education does not apply to children displaced from Ukraine. In Bulgaria, less than 10% were enrolled into the formal education system in the 2022/2023 academic year. According to the Bulgarian Ombudsman, at the start of that year, less than half of the children wishing to attend nurseries and 77 % of those wishing to be enrolled in schools were admitted.

In other Member States official and research data indicate higher enrolment rates. In Denmark, the National Integration Barometer, developed by the Ministry of Immigration and Integration, provides data on school enrolment. It includes children that have a residence permit granted under the Special Act. 71% of children under 5 years old are enrolled in day care. Of children aged between 6 years and 16 years old, 87% are enrolled in primary schools, as of 12 April 2023. In Sweden four out of five attend or have applied for a place in school.

An online survey in Czechia covering over 860 households and 1,200 Ukrainian children indicates that about 92% of Ukrainian children attend primary school. 43% attend secondary school and two-thirds of children aged between 3 and 5 attend kindergarten. 10% of the total combine both Czech and Ukrainian education and 53% study only by distance learning in Ukrainian schools.

Another anecdotal cause of concern report by a non-governmental organisation is that some parents are hesitant to enrol their children into formal education systems assuming that educational standards would be lacking, as was the case for Romania.[27]  Interview with representatives of the NGO Save the Children Romania on 16 June 2023.

In Poland, children displaced from Ukraine are not subject to compulsory education if they attend an Ukrainian kindergarten or school through the distance online educational system. If so, and according to the Decree of the Minister of Education, the child's parent or guardian shall submit a declaration of continuation of education and not attend the schooling in Poland. Civil society has been critical of the fact that more than half of the children who arrived from Ukraine were reportedly not enrolled in Polish schools, with the consequent negative impact on integration.

Based on the information from 14 Member States (see Franet country reports), it is evident that data on school enrolment and actual attendance of displaced children from Ukraine in education is either missing or not regularly updated. Only a few countries require compulsory education, but even in that case information on attendance is either incomplete or missing.


Educational setting

There are three main types of schooling for children displaced from Ukraine: the national system, Ukrainian education programmes and remote attendance at Ukrainian schools.

In the majority of Member States, children displaced from Ukraine are integrated in the national formal education system, complying with the European Commission’s working document for the 2022/2023 academic year. Some Member States provide Ukrainian educational programmes or education in schools with Ukrainian teachers and assistants.

Although one full academic year has passed since the start of the war, there are still many students following distance education in Ukrainian schools. This is most often the case in Member States that do not have compulsory in-person education for children displaced from Ukraine. Relying too much on online schooling, prevents children from integrating in local communities, learning the language, developing social skills and improving their mental health. The importance of in-person integration in local schools is crucial for proper education, as underlined by the European Commission’s assessment in 2023.

Attending local schools is prioritised for example in Germany, where children residing in the country for more than three months must be enrolled in a German school. However, in some federal states the school capacities are overloaded, which impacts attendance. In Luxembourg, children are assigned to one of six international public schools and taught in English, or in national local schools taught in German or French.

A few Member States provide education in Ukrainian. In Denmark, for example, children displaced from Ukraine can be taught in English and Ukrainian in primary schools and in youth education institutions as a result of a political agreement. In Latvia and Lithuania children can attend education programmes in Ukrainian. In Bulgaria, a CSO initiative supporting people displaced by war offers Ukrainian education following the curriculum and with teachers from Ukraine.

Several Member States made use of displaced teachers and people who work in education to provide education in Ukrainian, in line with the recommendation of the European Commission. This facilitated the transition into mainstream classes and allowed children to maintain a bond with Ukrainian culture and language. For example, in Austria, 218 Ukrainian teachers have been employed in local schools.

Hiring Ukrainian assistants has become the norm in several regions and municipalities, for example, in Czechia, Estonia, Ireland, Lithuania, Poland and Spain. Some Member States allocated specific funds to support schools to do this.

Some Member States do not oblige children to attend local schools and allow for remote schooling as in Spain or Slovenia. Belgium allows for home-schooling, including remote schooling, where children can follow online schooling provided by their Ukrainian schools. Frequently, home-schooling in Ukrainian is followed by exams within the Member State formal educational system. In Germany, Ukrainian online material is provided to pupils by the German schools although it is not integrated in the regular German curriculum.

Uniquely, Lithuania provides all three options of schooling.

The European Commission considers the recognition for periods of study in schools in a host country upon return to Ukraine a critical aspect for children’s education. The Ukrainian Ministry of Education and Science Order of 15 May 2023 that lifted the requirement to attend Ukrainian online education as a prerequisite for continuing their education in Ukraine could certainly facilitate a better integration of children and higher enrolment in local schools.

Member States’ authorities or civil society organisations offer a variety of initiatives to assist with the integration of displaced Ukrainian children into the formal educational system.

In Spain, the Ministry of Education facilitated the integration of displaced Ukrainian children, such as the development of educational materials in Ukrainian. In Croatia, the Ministry of Science and Education issued guidelines and recommendations for teachers regarding the inclusion of vulnerable groups of refugee students.

Some Member States established entirely new procedures to facilitate the education process for displaced children from Ukraine. For example, in Luxembourg, the government created a system to support children in selected schools by providing 52 intercultural mediators. In the Netherlands, children benefit from an existing scheme which supports schools and municipalities to integrate migrant and refugee children in the education system.

Civil society also took on initiatives to support school integration. For example, in Czechia, the CSO META provides support to displaced children through offering tutoring, social services for families and Czech language courses. In Bulgaria, the initiative Situation Centre Open Doors supports Ukrainian children enrolled in the national education system by offering help with administrative procedures, mediation, conflict resolution and psychological support.

Children and families displaced from Ukraine face challenges in accessing social welfare. As highlighted in Bulletin #2, there are challenges in the amount of support available and limits on specific groups’ access to allowances.

While most Member States provide social welfare support to children displaced from Ukraine through the general social assistance system, some demand additional requirements to access.

For example, children displaced from Ukraine in Germany are entitled to protection measures and youth welfare benefits from the day of their arrival, regardless of whether they arrive alone or with family. In the Netherlands, municipalities provide a subsistence allowance to displaced people from Ukraine who are living in jobless households. Italy provides an extra allowance for dependent children under the age of 18, regardless of household income. However, this allowance cannot be claimed by beneficiaries of temporary protection living in alternative accommodation facilities provided by the state.

Similarly, in Sweden, Ukrainian children granted protection under the TPD have access a level of social welfare protection that is largely on par with that of Swedish children and other asylum-seeking children.

In Slovenia, while beneficiaries of temporary protection are not granted the full spectrum of social welfare rights, they are entitled to some allowances under the Parental Protection and Family Benefits Act.

In contrast, Bulgaria has more restricted access to social welfare, limited to social assistance. For example, an annual financial assistance payment. Similarly in Slovakia, Ukrainians with temporary protection are entitled to state social benefits only after registration to temporary or permanent residence. Parents who are employed can request some childcare allowances.

Regarding unaccompanied children and their access to social welfare, all Member States provided support, following the same procedure for other unaccompanied children who are nationals of other third-countries. Austria provided housing in organised and supervised accommodation that provided food and other benefits, including financial allowances for school supplies and pocket money. In Italy, unaccompanied children were entitled to social assistance. Municipalities receive a financial contribution for accommodating these children in local reception centres.