Discrimination in Ukraine: Evident and hidden

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31.01.2013

Human rights defenders are unanimous in admitting that discrimination in Ukraine is a problem. It may affect anyone regardless of sex, age, or health condition. Some 40 UN Member States pointed out to this issue and the need to address it during the 2-nd cycle of the Universal Periodic Review of Ukraine in Geneva in October 2012

But are the Ukrainian citizens really discriminated? This was a topic for discussion at the Wolrd Café which involved journalists, experts, and common people who experienced discrimination in their lives.

Race, skin colour, nationality of ethnicity, sex, gender, gender identity, age, health condition (including special needs and disability, HIV status), citizenship (or lack thereof), marital status, social status, occupation, property status, residence, religiousness, confession and denomination belonging, philosophical and political persuasion, membership in organizations, belonging to certain social groups, level of education; sexual orientation, criminal record, language – this is a partial list of features based on which discrimination may occur in Ukraine. During the event, the journalists had an opportunity to hear seven real life situations experienced by people who suffered from discrimination. The told stories spoke of age-based discrimination, gender discrimination, religion-based discrimination, disability and citizenship-based discrimination, and discrimination of LGBT community.

According to the human rights defenders, there is no official statistics of discrimination in Ukraine. Consequently, public officials are barely aware of this problem or tend to diminish its real scope. The data is incomplete and diverse while information about discrimination and discriminated people is collected primarily by the CSOs. Yet the picture they see is far from being complete since people who have encountered discrimination against them usually try to conceal it as the mechanisms against discrimination are simply lacking.

According to Iryna Fedorovych, Co-Chair of the Coalition to Fight Discrimination in Ukraine maintains that the Law “On Prevention and Combating Discrimination “ requires significant improvements.

“Created last-minute to fulfill the country’s external obligations, the law unfortunately does not provide for the effective mechanism to protect oneself from discrimination while lacking procedural provisions to appeal discriminatory actions. Consequently, anyone who experienced discrimination does not have an opportunity to protect one’s rights and claim compensation”, - she said.

As a result, the Coalition to Fight Discrimination in Ukraine is currently developing a commentary for the next portion of amendments to the law by the Ministry of Justice of Ukraine and Ukrainian Parliament Commissioner for Human Rights. An Expert Council with the Department of the Rights of a Child, Nondiscrimination, and Gender Equality is planning to meet next week. The Council meeting will review the proposed amendments to the law and suggestions from the civil society and the Coalition.

Besides, the Coalition to Fight Discrimination in Ukraine developed recommendations to other draft laws which address issues of nondiscrimination and have been registered at the end of 2012 – beginning 2013. The list includes:

Draft Law on Greater Responsibility for Discrimination on Racial, Ethnic and Religious Grounds (#1042 of 12.12.2012);

• Draft Law on Banning the Promotion among Children of Homosexual Relations (#1155 of 24.12.2012);
• Draft Law on Amendments to Certain Legislative Acts of Ukraine on Stating Child’s Nationality in the Birth Certificate (# 1133 of 20.12.2012);
• Draft Law on Amendments to the Code of Ukraine on Administrative Offences (on responsibility for promoting the ideas of Nazism) (# 1146 of 12.21.2012);
• Draft Law on the Ukrainian Language as the State Language and the Use of other Languages in Ukraine (# 1233 of 01.10.2013); and 

Draft Law on the Use of Languages in Ukraine (# 1239 of 10.01.2013).