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2.3 Promotion,contradictionsandconsequencesofgender
equalityinUkraine
Practical implementation of the gender equality
principle in each country shall be ensured by the
normsofnationallegislation.Itshouldbementioned
that Ukraine has ratified the main international and
Europeaninstrumentswhichensuregenderequality,
suchas
theUniversalDeclarationofHumanRightsof
1948,theInternationalCovenantonEconomic,Social
and Cultural Rights of 1966, and the International
Covenant on Civil and Political Rights of 1966, The
Convention forthe Protection ofHuman Rights and
Fundamental Freedoms, the Convention on the
Elimination of All Forms of Discrimination
against
Women and others. Ukraine has signed the
Convention on the Prevention and Combating of
Violence against Women and Domestic Violence
(IstanbulConvention).
The legislative process of ensuring equal rights
andopportunitiesforwomenandmeninUkraineis
stillrelevanttoday,even15yearsaftertheadoptionof
the
Law of Ukraine “OnEnsuring Equal Rights and
OpportunitiesforWomenandMen”.TheArticle1of
this Law states that gender equality foresees equal
conditionsfortherealizationofequalrightsofwomen
andmenandabsenceofanygender‐basedrestrictions
or privileges. The legal basis for the process
of
ensuring equal rights and opportunities for women
andmenistheprovisionsthatwomenʹsrightsarean
integralpartofuniversalhumanrights,asenshrined
in the above‐mentioned international standards.
LvovaO.L.mentionsthattoensurearealequality“…
thebodyoflegislationhasclearunambiguous
lawsas
wellasevidence‐basedunambiguousterminologyfor
ensuring the rights of men and women which does
not pose a threat to national security, and the
provisionsofwhicharesufficientforlegalregulation
ofthesespheresofpublicrelations”(Lviv,2018,p.66).
Moreover,theworldexperienceprovesthat
“…ifwe
donotmentionwomenassubjects‐holdersofrights,
it can lead to non‐recognition of equality between
womenandmenandactuallyconsolidatesinequality,
especially at the stage of law enforcement and
realizationofrightsʺ(Levchenko,2019,p.85).
In the legislation of Ukraine, the basic rights
of
women andmen are formulated in Section II of the
Constitution of UkraineʺRights, freedoms and
responsibilities of man and citizenʺ. National
legislation of Ukraine also establishes and provides
for the following: every citizen‐both men and
women‐hasthefullrangeofsocio‐economic,political
and personal rights
and freedoms, as proclaimed in
Article 24 of the Constitution of Ukraine. The
peculiarity of this Article of the Constitution of
Ukraine, which ensures gender equality, is that the
rightofwomenandmentoequalitybeforethelawis
emphasized among the rights and freedoms. This
rightisan
independentfundamentalrightofaperson,
which shall be guaranteed to every person; the
Constitution of Ukraine enshrines the equal right of
menandwomentoprotecthisorherlifeandhealth
(Article 27), to health protection and medical care
(Article 49), to labour and free choice of labour
activity
(Article 43), to rest and social protection
(Article45,Article46).
The legislation of Ukraine clearly defines such
concepts as gender equality, discrimination, direct
discrimination, indirect discrimination, etc. The Law
of Ukraine “On Ensuring Equal Rights and
Opportunities for Women and Men” establishes the
definition of such concepts as gender‐
based
discrimination and gender equality. Gender‐based
discriminationisdefinedasasituationwhenaperson
isrestrictedinrecognition,realizationoruseofrights
and freedoms or privileges in any form on the
grounds of gender, which existed, exist and can be
valid or presumed; gender equality isdefined as
an
equal legal status of women and men and equal
opportunities for its implementation, which allows
individualsofbothgenderstotakeanequalpartinall
spheresofpubliclife”(Article1).
The Law of Ukraine “On the Principles of
Prevention and Combating Discrimination of
Ukraine” defines the concept
of discrimination as
“situation in which an individual/group of
individuals is/are restricted in recognition,
implementationoruseofrightsandfreedomsinany
form on the grounds of race, colour, skin colour,
political, religious and other beliefs, gender, age,
disability,ethnicandsocialorigin,citizenship,marital
and property status, place of
residence, language or
othergroundswhichexisted,existandcanbevalidor
presumed; except for cases when such a restriction
has a legitimate, objectively justified purpose which
canbeachievedinappropriate andnecessaryways”
(p.2,Art.1).
Ukraine is taking all possible measures for the
elimination of discrimination
against women in the
sphereofemployment. The Labour Code of Ukraine
extends the guarantees of the right to non‐
discriminatory employment (Article 22), which
prohibitsunreasonablerefusaltohire,aswellasany
direct or indirect restriction of rights or the
establishment of direct or indirect benefits in
employment.
The
Law of Ukraine “On Employment” defines
specialguaranteesofourStateintherealisationofthe
rightofcitizenstowork,aswellasthelegal,economic
and organizational grounds of employment and its
protectionagainstunemployment.
AccordingtotheprovisionsoftheConstitutionof
Ukraineandcurrentlegislationof
Ukraineonhealth
caretheaccesstomedicalcareforcitizensofUkraine
isprovidedon thebasis of theequality of rights for
menandwomen.TheArticle49oftheConstitutionof
Ukraineproclaimstheprovisionoffreemedicalcare
inpublicandmunicipalhealthcarefacilitiesaswell
as
statefundingofrelevantsocio‐economic,medicaland
sanitary, health improvement and prevention
programmes.
Current legislation of Ukraine in the field of
economics approves and develops the constitutional
right of citizens (men and women) to conduct
business activity, as well as other economic activity
not prohibitedby thelaw.
The Law ofUkraine “On
Entrepreneurship” defines general legal, economic
and social principles of doing business
(entrepreneurship)bycitizensandlegalentitiesonthe
territory of Ukraine, establishes guarantees of