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Committee on Economic, Social and Cultural Rights
Ukraine (CESCR 02-04-2020)
The Committee considered the seventh period report of Ukraine (E/C.12/UKR/7) at its 8th and 9th meetings (see E/C.12/2020/SR.8 and 9), held on 20 and 21 February 2020, and adopted the present concluding observations at its 30th meeting, held on 6 March 2020.
C. Principal subjects of concern and recommendations
- While recognizing the explicit prohibition of workplace discrimination on the grounds of gender identity and sexual orientation in the Labour Code, the Committee is concerned that the Law on the Principles of Preventing and Combating Discrimination in Ukraine lacks such protected grounds. It is also concerned at reports that the State party’s authorities often do not apply article 161 of the Criminal Code to cases of discrimination on the grounds of sexual orientation and gender identity. The Committee is further concerned that the legislative framework to protect against discrimination is fragmented and does not include the concept of multiple discrimination or provide for effective remedies against different forms of discrimination (art. 2 (2)).
- The Committee recommends that the State party:
(a) Ensure that discrimination based on sexual orientation or gender identity is explicitly prohibited in the Law on the Principles of Preventing and Combating Discrimination in Ukraine;
(b) Provide the necessary training to law enforcement officers, judiciary personnel and other legal professionals on how to handle cases of discrimination on the basis of sexual orientation and gender identity, including under article 161 of the Criminal Code;
(c) Strengthen its efforts to eliminate negative stereotypes and stigmatization of lesbian, gay, bisexual, transgender and intersex persons, including through awareness-raising campaigns for the public, health-care providers, social workers, law enforcement and other public officials;
(d) Adopt a comprehensive and coherent anti-discrimination legal framework by expediting pending legislative reforms on the harmonization of anti-discrimination laws and strengthening remedies for discrimination, taking into account the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.