Traveling children with disabilities abroad: lawyers report excessive bureaucracy and problems for families

For many Ukrainian families raising children with disabilities, traveling abroad for treatment, rehabilitation, or recovery turns into not only an emotional ordeal, but also a complicated bureaucratic procedure.

The National Bar Association of Ukraine drew attention to the norms of the current procedure for crossing the state border, which, according to lawyers, create additional difficulties for such families.

Disputes over consular registration

This concerns the Rules for Crossing the State Border by Citizens of Ukraine, approved by the Resolution of the Cabinet of Ministers No. 57 of January 27, 1995.

In particular, the current rules provide that after a child with disabilities leaves abroad, the accompanying person must register him or her with the consular authorities within seven days.

Lawyers emphasize that such a requirement is enshrined only in a by-law, and not in a law, which raises questions about its compliance with the principles of legal certainty and proportionality.

Families face queues and difficulties

Lawyers and community representatives draw attention to a number of practical problems that arise for families abroad.

Among them:

hour-long queues at consulates;
difficult access to diplomatic institutions;
language barrier;
difficulties with document processing;
risks of problems with re-exiting Ukraine.

As an example, they cite a situation where the father of an adult with a disability left his child for treatment abroad, after which he returned to Ukraine, and the child stayed with relatives. Subsequently, the man was no longer able to cross the border again due to the peculiarities of the current rules.

Lawyers call for simplifying procedures

The participants in the discussion emphasize that subordinate regulatory acts should not create additional barriers for people with disabilities and their families.

According to lawyers, the current rules should comply with the UN Convention on the Rights of Persons with Disabilities, the Charter of Fundamental Rights of the European Union, and the principle of the best interests of the child.

Separately, lawyers called for the procedures for traveling abroad for children with disabilities to be simplified as much as possible, especially when it comes to treatment, rehabilitation, or recovery.

Lawyers emphasize: access to medical care and rehabilitation should not be complicated by unnecessary bureaucratic procedures and documentary restrictions.