Depriving all Ukrainian men of protection in EU is discrimination, - Council of Europe Commissioner for Human Rights O’Flaherty
The European Commission’s proposal to deny newly arrived Ukrainian men of conscription age the right to temporary protection in the European Union is discriminatory and may directly contravene states’ international human rights obligations.
The Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, made these remarks in a conversation with RBC-Ukraine and in his official statements, according to Censor.NET.
Criticism of the EU’s proposal
O’Flaherty published his comments on the European Commission’s draft, calling on member states not to introduce the proposed restrictions. He reminded his colleagues in Brussels of the fundamental nature of the EU’s humanitarian missions: the Temporary Protection Directive was originally introduced in response to the threat to the overall security situation in Ukraine, and not for specific categories of the population.
"Excluding an entire group of people solely on the grounds of gender and age requires justification, in accordance with international standards on non-discrimination. I have no objection whatsoever to Ukraine actively calling on its men to return and fight for the country’s freedom. It is entirely legitimate for a state suffering from an aggressive war to call on its people to defend it. I simply urge that, if other countries respond to these calls, they must do so in full compliance with international standards. This does not mean a refusal, nor does it mean closing the door to such appeals – it means considering them within the framework of international law", the European Commissioner emphasised.
A personalised approach and protection for those granted a deferral
Separately, O’Flaherty drew the attention of European governments to the fact that, under international standards, the issue of military service may constitute an independent and substantial ground for a detailed examination of individual applications from citizens seeking full international protection (refugee status).
- The Council of Europe Commissioner specifically emphasises that Ukrainian men who, even under Ukrainian domestic law, have documented legal grounds for deferment from mobilisation, must be unconditionally protected within the territory of the European Union.
