Right to Diplomatic and Consular Protection

Every citizen of the Union shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that Member State.

Article 46 of the Charter of Fundamental Rights of the European Union 
Text as of March 2026

Based on research and human rights practice, the following issues can be identified regarding the exercise of this right in Ukraine:

  1. At the legislative level, Article 25 of the Constitution of Ukraine, specifically the provision “Ukraine guarantees care and protection to its citizens who are beyond its borders,” is not explicitly specified. In particular, the concepts of “care and protection” are not regulated. Therefore, it remains unclear what obligations the state is bound to under this constitutional norm. Therefore, a person does not have any guaranteed right to diplomatic protection or consular help.
  2. Ukraine lacks a specific law that clearly defines consular services, including their scope, eligibility criteria, procedures for citizens, and the circumstances and procedures for restricting this right. The law should specify the list of mandatory services, both free and paid, along with fundamental guidelines for their implementation. Currently, defining the precise scope of rights guaranteed by the state to its citizens, for which the state is responsible, remains complicated.
  3. The absence of legislative regulation of these social relations reflects weak state certainty in ensuring and safeguarding this human right for its citizens and others.
  4. Some issues of consular protection are outlined in a series of treaties between Ukraine and other countries. However, these treaties are not laws and do not establish a uniform standard for protecting rights or for the procedures for exercising or restricting them.
  5. There is uncertainty about the implementation of restrictions on citizens’ rights to consular services, leaving them deprived of state protection. Such actions by the state may conflict with the principles of non-discrimination and equality.
  6. The absence of a clear plan or legislative proposals to implement EU acquis acts on the guarantees and protection of the human right to consular services, for the purpose of regulating these social relations and establishing relevant standards within the EU.

What Ukraine needs to do during its accession to the EU to improve the situation:

  • Establish legislative provisions based on Article 25 of Ukraine’s Constitution regarding the “care and protection” of citizens outside Ukraine.
  • Establish the legal entitlement to consular services and diplomatic protection. List these consular services and their grounds for implementation, along with the actions the state should take to provide diplomatic protection.
  • Legally enshrine a list of minimal and additional state duties concerning the guarantee of this right, as well as grounds and the procedure for restricting it.
  • To ensure proper alignment of national laws with EU acquis and to properly implement Directive EU 2015/637, dated April 20, 2015, the specialized law should specify cases and grounds for citizens of the EU and their families to access consular services at Ukrainian consular and diplomatic offices. These should be based on the same criteria as those for Ukrainian citizens and adhere to the principle of non-discrimination.
  • Reconsider the strategy for ensuring access to consular services and diplomatic protection. Shift from prioritizing individual privilege to establishing a guaranteed standard that protects not only the rights and legal interests of individuals but also the national interests of the state in cases of citizen rights violations.

Minimal imperative requirements for aligning legislation following Ukraine’s accession to the EU:

  • Establish an official system to inform Ukrainian and EU citizens about their right to access consular services at diplomatic and consular offices of other EU Member States, as permitted by law.
  • To improve the efficiency of exercising human rights related to consular services, establish agreements with other EU countries on the division of responsibilities for providing these services to unrepresented citizens. Additionally, sign a treaty on crisis cooperation to more effectively distribute the workload and better ensure human rights.
  • Regularly engage with the Commission and the European External Action Service (Consular OnLine) to share information on these matters.
  • To facilitate swift and efficient cooperation, connect and regularly update information through a secure EEAS website (Consular OnLine).

For a more detailed overview of the EU and Ukraine’s acquis and case law related to this right, along with the justification for our recommendations, please see the research on this page. Specifically, see the document available only in Ukrainian: Citizen Rights to Consular Services: EU-Ukraine. If you have any feedback or comments about this material, please send them to: hrmap@ccl.org.ua.

Published materials may be used provided that a mandatory link to the original source is included. @ 2026 Center for Civil Liberties.

Experts

Picture of Valentyn Serdiuk

Valentyn Serdiuk

Legal analyst of the NGO “Center for Civil Liberties”