A group of 25 Ukrainian orphans, evacuated from Sumy in 2022, have still not returned home due to a legal dispute between Ukraine and Italy. Italian courts do not recognise the authority of the Ukrainian guardians and have appointed local ones, which is complicating the repatriation process. The Ukrainian side insists on the children’s rights being upheld and on their return to safe regions of Ukraine.
- 25 Ukrainian orphans were evacuated to Italy in 2022.
- Italian courts are refusing to recognise Ukrainian guardians.
- Italy has appointed local guardians and granted refugee status to the children.
- Ukraine is insisting that the children be returned to safe regions.
- Negotiations between Ukraine and Italy are ongoing.
Legal disputes regarding child custody
In 2022, 25 orphans from the Sumy Children’s Home were evacuated to Naples. The Ukrainian side appointed an official employee of the children’s home to accompany them, who, under Ukrainian law, held the status of legal guardian. However, the Italian authorities refused to recognise this status, granting the children refugee status and by appointing local guardians. This has created a legal impasse in which the Italian courts and guardians have the authority to decide the children’s fate.
The positions of Ukraine and Italy
Ukraine considers the evacuation to have been a temporary safety measure, and believes that the children should return home or to safe locations under the supervision of Ukrainian guardians. Official statements emphasise that keeping the children abroad without Ukraine’s consent violates their rights and international conventions. The Italian side justifies its decision on the grounds of concern for the children’s safety, pointing to the children’s adaptation to local conditions and school. Decisions are made solely with the «best interests of the child» in mind, in accordance with European law.
Controversial statements and comparisons with Russia
The Verkhovna Rada Commissioner for Human Rights Dmytro Lubinets compared Italy’s actions with those of the Russian Federation, which deports Ukrainian children and is attempting to destroy their identity. He described the detention of these children without Ukraine’s consent as a violation of children’s rights. This statement caused a widespread reaction within the European community, highlighting the urgency of the issue.
The complexity of the negotiations and the international context
Ukrainian diplomatic and social services are engaged in complex negotiations with the Italian government and the Ministry of Justice. Ukraine insists on respect for its sovereignty and security guarantees for the children in its country. This case could set a precedent for other European countries, where local child welfare authorities are also attempting to take control of evacuated Ukrainian children. The resolution of this conflict will be significant for international practice regarding the protection of children’s rights in the context of war and migration.
