Author
Ukrainian legislation guarantees the right to education for asylum applicants.[1] Complete secondary education is obligatory in Ukraine (the typical age of graduates is 16 to 18 years old).[2] NGOs do not report specific problems with the admission of asylum applicants’ children to schools.
The problem may arise with language barriers and support in the studying process due to cultural, language, and curriculum differences. Minor asylum applicants are not included in the list of persons with special educational needs as the term “children with special educational needs” is used in a narrower sense of inclusive education and covers children with mental and physical disorders and children with disabilities.[3]
In addition, minor asylum applicants face hurdles to be enrolled in kindergartens because of the requirement of having had a medical examination conclusion.[4] Considering the limited access to health care (see Health care), parents can often not obtain the necessary documents or vaccinations for children.[5]
Regarding passing the final examination necessary for further admission to higher education (external independent evaluation), persons who are receiving (have received) complete general secondary education in a language that does not belong to the Slavic language group are among the persons who need reasonable adjustment to take an external independent evaluation.[6]
However, in practice, these persons have faced refusals to grant such benefits. NGOs reported that in 2019, asylum applicants who studied in Iran, Iraq, and Yemen applied to the Ukrainian Centre for Educational Quality Assessment with a request to apply for special conditions, but they were denied registration. The Ministry of Education, in response to the request, noted that persons with special educational needs must provide documents on obtaining education in a non-Slavic language in general secondary education institutions of Ukraine.[7]
Asylum applicants have the right to be enrolled in Ukrainian vocational[8] and higher[9] education institutions. Asylum applicants are not eligible for State scholarships or special conditions for participation in the competitive selection process for admission to professional pre-university and higher education.[10]
Following the COVID-19 pandemic starting in 2020, due to quarantine rules, the country used to close schools and universities, leading to disrupted learning and loss of vital social interaction for children and young people. Digital technologies helped during this crisis, with Ukraine setting up an effective online schooling system to maintain education. However, vulnerable groups, including asylum-seeking and refugee children, often lacked access to computers or the internet, hindering their participation in remote learning. Online schooling was not always an option for these children, either due to the lack of equipment and stable internet connection or the inability to follow a foreign language curriculum without a teacher or parental support.[11]
The full-scale invasion has further exacerbated the already challenging situation for Ukrainian children. UNICEF reported that the war has severely impacted the education of 5.3 million children. Many schools have been damaged or destroyed, and only about 25% of schools can offer in-person learning. Power outages and infrastructure damage hinder access to both physical and online education. The disruption also affects children’s social development and mental well-being, as schools play a critical role in offering emotional support.[12]
Ukraine has not established state courses in the Ukrainian language for asylum applicants or beneficiaries of international protection, or courses in Ukrainian culture, or administrative systems. This need is covered by UNHCR, NGOs and by refugee communities themselves.[13] In addition, ROKADA has designed an online Ukrainian language course for refugees, and R2P has been conducting Ukrainian-speaking clubs online for Russian-speaking beneficiaries.
[1] Article 13 Law on Refugees.
[2] Article 2 Law on Complete Secondary Education.
[3] Coalition of Non-Governmental Organisations, Interim report “State of observance of the rights of refugees, asylum seekers and stateless persons in Ukraine”, 2020, available here.
[4] Ministry of Education and Science, Enrolment in a Kindergarten, available in Ukrainian here.
[5] R2P observations.
[6] Regulation on Certain Categories of Persons with Special Educational Needs.
[7] Coalition of Non-Governmental Organisations, Interim report “State of observance of the rights of refugees, asylum seekers and stateless persons in Ukraine”, 2020, available here.
[8] Article 5 Law on Vocational Education.
[9] Article 4 Law on Higher Education.
[10] WikiLegalAid, Preferential Categories of Applicants, available in Ukrainian here.
[11] United Nations Ukraine, Assessment of the socio-economic impact of COVID-19 in Ukraine, 02 December 2020, available here, e.g. 39.
[12] UNICEF, War has hampered education for 5.3 Million children in Ukraine, warns UNICEF, 24 January 2023, available here.
[13] UNHCR, Ukraine 2019 Joint Needs Assessment, 2019, available in Ukrainian here.