Does Ukraine’s Draft Law No. 13597 Meet EU Standards? Gender Stream Publishes Comparative Legal Analysis

Strengthening legislation against discrimination and hate crimes is an important part of Ukraine’s European integration reforms. However, fulfilling international commitments requires legislation that complies with European human rights standards and can be effectively implemented in practice.

Gender Stream, a Ukrainian civil society organisation working on human rights, gender equality and LGBTIQ+ rights, has published an analytical report examining the compliance of Draft Law No. 13597 with EU legislation and international standards on combating hate crimes and discrimination.

The research compares the proposed Ukrainian legislation with European Union law, recommendations from international human rights institutions, and legal practices in Spain, Germany, France, Denmark, Norway, Finland and Sweden.

The central finding of Gender Stream’s analysis is that Draft Law No. 13597 introduces important improvements, including explicit recognition of sexual orientation and gender identity as protected characteristics. However, the proposed legislation contains legal gaps and inconsistencies that could undermine the investigation of hate crimes and the effective application of new provisions.

What gaps did Gender Stream identify in Draft Law No. 13597?

The report examines the draft law’s compliance with European human rights standards, legal definitions of discrimination and intolerance, criminal liability for hate speech, institutional responsibilities and victims’ access to justice.

The main findings include:

• Incomplete protection against different forms of discrimination. The draft law does not adequately address multiple and intersectional discrimination, discrimination by association or denial of reasonable accommodation. These protections are particularly relevant for people facing overlapping forms of disadvantage, including persons with disabilities, veterans, internally displaced persons and LGBTIQ+ people.
• Gaps in hate speech legislation. The proposed revision of Article 161 of Ukraine’s Criminal Code focuses on public calls for violence. According to Gender Stream’s experts, this could leave other forms of incitement to hatred insufficiently addressed under criminal law.
• Risks arising from vague legal definitions. Certain provisions use broad or ambiguous terminology. Defining intolerance through “negative attitudes” and introducing the undefined category of “other digital materials” could undermine legal certainty and create risks for freedom of expression.
• Insufficient mechanisms for identifying bias motives. Without clear procedures for recording indicators of prejudice, discriminatory motives may be overlooked during criminal investigations, including cases involving attacks against LGBTIQ+ people and other vulnerable groups.

The analysis also examines the draft law’s consistency with Council Framework Decision 2008/913/JHA, EU anti-discrimination directives, recommendations of the European Commission against Racism and Intolerance (ECRI), OSCE/ODIHR guidance and Venice Commission standards.

What can Ukraine learn from European practices?

A significant part of Gender Stream’s research focuses on comparative legal approaches used across Europe.

The report examines the experiences of Denmark, Norway, Finland and Sweden in defining hate crimes, recognising bias motives, operating independent equality bodies and supporting victims of discrimination.

It also reviews Spain’s approach to aggravating circumstances in criminal sentencing, specialised law enforcement practices and systems for identifying and recording hate crime indicators.

Among the approaches considered relevant to Ukraine are the early identification and flagging of suspected hate crimes, specialised training for police officers and prosecutors, independent mechanisms for handling discrimination complaints, and reporting channels involving civil society organisations.

These examples demonstrate the importance of combining legislative reform with institutional capacity, reliable data collection and accessible remedies for victims.

What reforms does Gender Stream recommend?

Based on its comparative legal analysis, Gender Stream has developed recommendations for the Verkhovna Rada of Ukraine, the Cabinet of Ministers, the National Police and the judiciary.

The report calls for clearer legal definitions of discrimination and intolerance, stronger protections against different forms of discrimination, improvements to Criminal Code provisions addressing bias motives, and more precise rules on administrative liability.

Additional recommendations include establishing an independent equality body, guaranteeing access to state-funded secondary legal aid for victims of hate crimes, introducing procedures for recording bias indicators, and providing specialised training for law enforcement officers.

Gender Stream recommends revising Draft Law No. 13597 in line with international standards and developing a consolidated amended version, referred to in the report as Draft Law No. 13597-d.

The report also highlights the importance of aligning legislative reform with Ukraine’s Rule of Law Roadmap and its commitments under Chapter 23, “Judiciary and Fundamental Rights”, of the EU accession negotiations.

According to the analysis, meaningful progress will ultimately depend on how effectively the legislation protects people against discrimination and hate crimes in practice.

About the research

The analytical report was prepared by Gender Stream as part of the Unity for Community (“Yednannia dlia hromady”) project, implemented by ISAR Ednannia with financial support from the European Union.

The expert team included:

• Anna Popova — author of the analytical report, lawyer and legal analyst;
• Olha Poliakova — expert supervision, development of recommendations and final editing;
• Hanna Lytvynova — expert review and legal verification of the findings.

The research provides a resource for policymakers, government institutions, legal professionals, researchers, human rights organisations and civil society advocates working on anti-discrimination legislation, hate crime prevention and the protection of fundamental rights in Ukraine’s EU integration process.

The full Gender Stream analytical report, including comparisons of European legal frameworks, key findings and detailed recommendations on Draft Law No. 13597, is available in the attached document.

This analytical report was prepared by Gender Stream within the “Yednannia dlia hromady” (Unity for Community) project, implemented by ISAR Ednannia with financial support from the European Union. The content of this document is the sole responsibility of Gender Stream and does not necessarily reflect the views of ISAR Ednannia or the European Union.