Tensions are rising in Europe regarding the status of Ukrainian refugees. Countries on the continent are gradually reducing the level of hospitality, and in some states, there is already discussion about limiting protection for men of conscription age. However, such measures raise serious questions from the perspective of international law.
Discrimination Based on Gender and Age
Michael O'Flaherty, Commissioner for Human Rights of the Council of Europe, stated in an interview with RBC-Ukraine that any difference in the treatment of people requires clear justification to avoid being classified as discrimination. Excluding men of a certain age group from protection touches upon two characteristics at once — gender and age.
«This alone raises the question of equality. It means that whoever makes such a statement must provide very convincing justification that this does not constitute inadmissible or illegal discrimination. Such justification is possible», — explained O'Flaherty.
Military Service as an Exception
In the commissioner's opinion, one possible justification could be conscription and military service in a country experiencing serious aggression. However, even in this case, states are obliged to comply with international law, which provides for exemptions from compulsory military service.
O'Flaherty gave a specific example — religious beliefs. According to him, Jehovah's Witnesses may refuse military service for religious reasons, and international law recognizes such grounds as legitimate.
«This does not mean that you are evading your duty — you may be performing civilian service. But your case must be considered», — noted the commissioner.
Individual Approach — The Key to the Solution
O'Flaherty emphasized that a blanket ban, which automatically excludes all men of a certain age without consideration, would be very problematic. The key to resolving the situation, in his opinion, is the individual consideration of each case.
The commissioner also emphasized that he does not deny Ukraine's right to call its citizens to return and defend the country from aggression. This, in his words, is quite legitimate for a state waging a defensive war.
At the same time, he emphasized that if other countries respond to such calls, they must do so in compliance with international standards. This means not an automatic refusal, but the consideration of each application.
Financial Pressure and Hostility
Meanwhile, as previously reported, the commissioner also drew attention to the financial pressure on Ukrainian refugees in some countries and to isolated manifestations of hostility towards them from far-right populists.
Recall that the European Commission has already proposed extending temporary protection for Ukrainians until March 2028, but with an exception for men who are legally prohibited from leaving Ukraine and who will arrive in the EU after the adoption of new rules.