Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons”

Since 2014, Ukrainians, including children, from the Luhansk and Donetsk regions and the Autonomous Republic of Crimea, began to relocate, leaving their homes in search of safety and protection. After February 24, 2022, with the onset of active hostilities and the declaration of martial law in Ukraine, this displacement became widespread and massive.

The Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons” addresses the rights of children who hold the status of internally displaced persons (IDP). In addition to the general rights of children as stipulated by the Constitution of Ukraine, international legal agreements, and other Ukrainian laws, including the Law “On the Protection of Childhood,” IDP children have specific rights derived from their status as IDPs.

This law guarantees the rights, freedoms, and legitimate interests of IDPs, including children. Some key provisions include:

• The right to protection from forced internal displacement or forced return to their previous place of residence (Article 3).
• The right to registration as an internally displaced person, which can be initiated by the minors themselves or by a legal representative in the case of young children or those lacking full legal capacity (Article 4).
• The right to obtain documents certifying identity and citizenship or documents confirming special status (Article 6).
• The right to social protection, including the restoration of social benefits and access to social services at their current place of residence (Article 7).
• Access to education in other regions of Ukraine, financed by the state or other sources (Article 7).
• The right to free meals while studying at preschool, general secondary, and vocational education institutions, regardless of their affiliation or form of ownership (Article 7).
• The right to family unity and assistance from authorities in reuniting with family members lost due to displacement, along with access to safe living conditions, healthcare, and essential public services (Article 9).
• The law also ensures that IDP children, like all Ukrainian citizens, are protected from discrimination based on their status as internally displaced persons (Article 14).

This comprehensive legislative framework aims to address the needs of internally displaced persons, providing special protections to children to ensure their well-being and the continuation of their education and social integration despite the challenges of displacement. However, the implementation of these provisions continues to evolve, particularly in light of the ongoing conflict and the resulting extensive displacement caused.