A year ago in its judgment in the case of Ukraine and the Netherlands v. Russia the Grand Chamber of the European Court of Human Rights found that Russia's administrative practice of transferring Ukrainian children from occupied territories into Russia or Russian-controlled areas, accompanied by measures facilitating their adoption in Russia, was in breach of those children's fundamental rights. The Council of Europe continues its efforts to have the judgment implemented and to draw attention to the continued risks faced by the Ukrainian children concerned.
GRETA: forcible transfer of children may be human trafficking
The Council of Europe Group of experts on action against trafficking in human beings (GRETA) has today issued a statement reaffirming that the unlawful deportation and forcible transfer of children of Ukraine in the context of Russia's war of aggression create risks of human trafficking. It asserts that the actions may indeed fall within the definition of trafficking in human beings under the Council of Europe Convention on action against trafficking in human beings.
A new analytical report commissioned by GRETA highlights several recurring patterns which place these children in situations of acute vulnerability and significantly increase the risk of further abuse. These include the transfer of children to closed camps and institutions under the guise of evacuation or recreational activities, their involvement in forced labour and domestic work, placement of medically or socially vulnerable children in conditions of full dependency, confiscation of identity documents, changes in the children's legal status, guardianship and citizenship, and illegal adoptions.
In several cases, children who had been repatriated to Ukraine were identified as victims of human trafficking by the Ukrainian authorities, after all the legal criteria for this, including exploitative purpose, had been met.
The unlawful deportation and forcible transfer of Ukrainian children is not limited to the Russian-occupied territories of Ukraine and the territory of the Russian Federation but has also included their relocation to Belarus. GRETA calls on Belarus, as a party to the Council of Europe Anti-Trafficking Convention, to prevent risks of trafficking of Ukrainian children, identify potential victims, provide them with assistance, and punish those responsible.
Committee of Ministers: unlawful transfer of children must cease
Although the Russian Federation ceased to be a Party to the European Convention on 16 September 2022, it remains bound to implement ECHR judgments, and the Committee of Ministers continues to supervise the process.
At its June meeting on the implementation of judgments of the European Court, the Committee of Ministers of the Council of Europe examined the case Ukraine and the Netherlands v. Russia. In its decision, the committee exhorted Russia to comply with its international law obligations and to immediately cease unlawful transfers of Ukrainian children to Russia.
The Committee of Ministers also exhorted the Russian authorities to revoke all domestic legislation and practices that facilitate the adoption of these children and the imposition of Russian nationality on children born in the occupied territories, and to share a list of the names and locations of children that have been unlawfully transferred from Ukraine to Russia.
The Committee of Ministers further emphasised the importance of international cooperation and again asked Council of Europe member states and international organisations to collectively explore all possible means to ensure implementation of this judgment is carried out.
To provide a mapping of all ongoing international initiatives and developments aimed at securing the identification and return of Ukrainian children, a comprehensive overview has been prepared by the Department for Execution of Judgments.
The Council of Europe's support for Ukraine
Learn more about the Ukraine and the Netherlands v. Russia judgment
Special Envoy of the Secretary General on the situation of children of Ukraine
