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#ECFMU Position Paper: Anti-discrimination legislation in Ukraine

Anti-discrimination protection and the right to equality before the law are the fundamental human rights that have to be implemented by governments.

Currently in Ukraine, steps are being taken to develop the existing anti-discrimination legislation to make it more compatible with the standards existent in the EU. The Minister of Justice of Ukraine, Oleksandr Lavrynovych, recently stated that Ukraine s legislation regulates most of the issues in the sphere of-anti-discrimination. However, the framework will soon be supplemented in order to extend the scope of the principle of equal treatment between persons.

Anti-discrimination: proposals

Draft bill №10468 on the principles of preventing and combating discrimination in Ukraine was submitted to the Verkhovna Rada of Ukraine (Ukrainian Parliament) by the Cabinet of Ministers of Ukraine on 14 April 2012. Ten days later, it was presented for public discussion on the website of the Ministry of Justice. The Committee on Human Rights, National Minorities and Inter-Ethnic Relations of the Verkhovna Rada of Ukraine, in the persons of deputies Oleg Zarubinskiy (Bloc of Lytvyn) and Yuriy Gnatkevich (Bloc of Yulia Tymoshenko), approved the draft bill and on 5 June, 239 MPs voted for it at the first reading.

Legislation reform: approaching EU standards

This draft was prescribed by the EU-Ukraine Visa Liberalisation Action Plan and defines the concept of discrimination and its basic forms, introduces the principle of non-discrimination, establishes a ban on discrimination and defines actions that are not considered as discrimination. It also lists the subjects vested with powers to prevent and combat discrimination and establishes an anti-discrimination expertise during the phase of developing legal acts. According to the bill, the Verkhovna Rada of Ukraine, the Ukrainian Parliament Commissioner for Human Rights, the Cabinet of Ministers and other state agencies and the authorities in Crimea, as well as local authorities and public associations, will be recognised as the subjects vested with powers to combat and prevent discrimination.

Discrimination is defined as a decision, action or inaction aimed at restricting privileges concerning an individual or a group of individuals on the grounds of race, colour, political, religious and other beliefs, sex, age, ethnic or social origin, family and property status, place of residence and linguistic or other characteristics, in the case that they impede the recognition and realisation of human rights and freedoms on equal grounds.

Currently, the draft bill is being further elaborated by the Committee on Human Rights, National Minorities and Inter-Ethnic Relations of the Verkhovna Rada of Ukraine.

The proper application of national anti-discrimination laws and their active enforcement are some of the most important issues of government policy that have to be taken into account. Bill №10468 is aimed at the development of a successful framework of anti-discrimination legislation and the exploration of opportunities to improve the effectiveness of the legislation in addressing discrimination, as well as to make Ukrainian anti-discrimination legislation more comprehensive and compatible with international and EU-standards.