EU refugee rules under debate: Can Ukrainian men lose protection?
Photo: A Council of Europe Commissioner explained the rules regarding exemptions for the protection of Ukrainian men in the EU (Getty Images)
Europe is gradually reducing the level of hospitality extended to Ukrainians, and some countries are discussing restrictions on protection for men of draft age. However, the question arises as to whether this complies with international law, says Council of Europe Commissioner for Human Rights, Michael O'Flaherty.
Why excluding men is a matter of discrimination
According to the Commissioner, any distinction between people requires clear proof that it does not constitute discrimination. Excluding men of a certain age group from protection involves two characteristics at once—gender and age.
"That, on the face of it, raises questions of inequality. And that means that whoever is making that claim has to make a very sturdy argument that this is not a kind of inappropriate or illegal discrimination. It is possible that an argument can be made," O’Flaherty explains.
In his view, such justification could include conscription and military service in a country facing serious aggression. However, even in this case, states must comply with international law, which provides for exemptions from compulsory military service.
What exceptions does international law recognize?
The Commissioner cites a specific example: religious beliefs. According to him, Jehovah’s Witnesses may refuse military service on religious grounds, and international law recognizes this as a legitimate basis.
"It doesn't mean you get away scot-free. Maybe you get civilian service or something of that kind. But you've got to have your case heard," O’Flaherty notes.
He adds that a blanket ban, which automatically excludes all men of a certain age without consideration, would be highly problematic. Instead, the key to resolving the situation, in his view, is the individual review of each case.
What Commissioner thinks about Ukraine’s right to mobilize
O’Flaherty emphasizes that he does not dispute Ukraine’s right to call on its citizens to return and defend the country against aggression. This, he says, is entirely legitimate for a state waging a defensive war.
At the same time, he stresses that if other countries respond to such calls, they must do so in accordance with international standards. This means not automatically rejecting applications, but reviewing each one individually.
Meanwhile, as previously reported, the Commissioner also draws attention to the financial pressure on Ukrainian refugees in some countries and to isolated instances of hostility toward them from far-right populists.
The European Commission has already proposed extending temporary protection for Ukrainians until March 2028, but with an exception for men who are prohibited by law from leaving Ukraine and who will arrive in the EU after the new rules are adopted.
