The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, has called on European countries not to impose blanket restrictions on temporary protection for Ukrainian men of conscription age, noting that such measures could contravene states’ international human rights obligations.
This is set out in the Council of Europe Commissioner’s ‘observations on ensuring protection for Ukrainians displaced across Europe’, published on 25 June.
The document was published against the backdrop of discussions within the European Union regarding the future of the temporary protection regime and the possibility of restricting it for certain categories of Ukrainians, in particular men of conscription age and those from regions that certain states consider safe.
“Undermining solidarity has consequences for people and creates risks that states may breach their international human rights obligations,” Mr O’Flaherty stated.
The Commissioner acknowledges that Ukraine has the right to mobilise its citizens. However, he emphasises that this does not mean other states can automatically deny protection to Ukrainian men.
“The fact that compulsory military service is permitted under international law in one state does not override the international obligations of other states to provide international protection,” the Commissioner’s remarks state.
He also emphasises that temporary protection was introduced because of the general situation in Ukraine, and not for specific categories of people.
“Excluding an entire group of people solely on the grounds of gender and age requires justification, in accordance with international standards of non-discrimination,” the document states, referring to Article 14 of the European Convention on Human Rights and Article 1 of Protocol No. 12.
Separately, the Commissioner draws attention to the fact that issues relating to military service may constitute grounds for considering individual applications for international protection.
According to him, a person is generally not considered a refugee simply because they evade military service or fear taking part in hostilities.
At the same time, in cases where the conditions of service or the penalties for evasion may constitute persecution – for example, due to disproportionate punishment, discrimination, torture or inhuman treatment – such circumstances may constitute grounds for international protection.
The Commissioner also recommends that states take into account the needs of people exercising their right to conscientious objection to military service, and the possibility of performing alternative service.
Observations by the Council of Europe Commissioner do not have direct legal force in EU legislation and are not binding, as the Council of Europe (not to be confused with the Council of the EU, an EU institution) is an international organisation comprising 46 countries, including all EU Member States and Ukraine.
At the same time, the document carries significant political and legal weight: the Council of Europe Commissioner assesses whether states’ decisions comply with their international human rights obligations, and his conclusions are frequently cited in cases before national courts and the European Court of Human Rights.
The temporary protection mechanism, which the EU activated following the outbreak of Russia’s full-scale war against Ukraine in March 2022, is currently in force until 4 March 2027. It grants Ukrainian nationals and certain categories of other individuals the right of residence, as well as access to the labour market, education, healthcare and social services in European Union countries.
During previous discussions, it was proposed that the forthcoming extension of this status should not apply to new male applicants of conscription age who arrive in the EU after the new rules come into force.
With the start of the Russian Federation’s large-scale armed aggression against Ukraine and the imposition of martial law and general mobilisation in the country, restrictions were imposed on men aged between 18 and 60 who are liable for military service or subject to conscription, limiting their right to travel abroad.
In the summer of 2025, Ukraine permitted men who had not yet reached conscription age – those aged between 18 and 22 – to travel abroad.