On 19 April 2022, the European Commission has launched a new page on the e-Justice Portal concerning children from Ukraine (available here in all EU languages).
It is an operational extension, in a dramatic context, of the work undertaken by the Commission to strengthen the protection of migrant children.
Background
According to the European Commission:
Russia’s military aggression against Ukraine raises questions about the situation of refugee children who are displaced in the European Union from Ukraine. The issue becomes even more complex when these children are separated from their families, either because they have remained in Ukraine or because they are refugees in another Member State.
It is now urgent to be able to ensure that these children are protected against the risk of violence, exploitation, illegal adoption, abduction, sale or child trafficking. For this reason, it is essential to use the instruments that protect the rights of these children.
There are instruments in European and international law to ensure the protection of children, with special provisions for the protection of and assistance to children temporarily or permanently deprived of their family environment, including in emergency situations, such as an armed conflict.
EU and International Rules on Civil Judicial Cooperation
The new webpage contains clear and practical information on the rules applicable to judicial cooperation in cross-border cases involving Ukrainian children, including issues of jurisdiction, applicable law, recognition of decisions, and cooperation between authorities, in particular via the European Judicial Network in civil and commercial matters (EJN-civil).
It provides for many useful links to key legal instruments and information on Ukrainian law provided directly by the Ukrainian Ministry of Justice.
This page is intended for judges, lawyers, notaries, central authorities, but also for social workers in charge of child protection and staff in charge of registering minors arriving from Ukraine.
More information here.
Thank you so much for this most helpful information.
Is there any explanation why the 1954 Geneva Convention on refugees is not mentioned?
Many thanks prof. Bucher for this interesting remark.
It seems that the EJN factsheet is only relevant for cross-border cases involving children. In that regard, it covers matters relating to applicable law, jurisdiction and recognition of foreign decisions in the area of child protection and parental responsibility. It is not intended to provide information on the status of refugees, which is indeed governed by other European and international instruments, including the 1951 Geneva Convention.
To give personal feedback on the factsheet: https://e-justice.europa.eu/contactUs.do?plang=en&feedbackEmail=1