Why is this the case?
Currently, Ukraine has not adopted legislation that clearly defines crimes motivated by hate against LGBTQI+ people. Certain articles of the Criminal Code of Ukraine cover such crimes (e.g. Article 161 of the Criminal Code), but their application remains problematic.
That is why our team at Gender Stream is advocating for Bill No. 5488, which aims to adopt effective mechanisms to combat discrimination and hate crimes.
Anti-discrimination law – what’s wrong with it?
In 2014, Ukraine amended its anti-discrimination law, which states that in case of discrepancies between national legislation and international treaties ratified by Ukraine, international law shall apply.
However, in practice, this law does not always provide effective protection for LGBTQI+ people due to several key issues:
– Lack of clarity in terms and definitions: The provisions of the law do not clearly define what constitutes discrimination on the basis of sexual orientation or gender identity.
– Lack of a clear process for protection: The law does not provide concrete mechanisms for challenging acts of discrimination.
– Low awareness of the law among the LGBTQI+ community: Many people are unaware of their rights, how to protect them, and where to go for help in cases of discrimination.
– Non-recognition of homophobic or transphobic violence: Law enforcement and the judicial system often fail to recognize hate crimes against LGBTQI+ people as a separate category of crimes.
In addition, the law does not impose harsher penalties for crimes committed because of hate based on sexual orientation or gender identity.
What will Assembly Bill 5488 change?
Bill No. 5488 aims to increase accountability for hate crimes and will add sexual orientation and gender identity to the list of protected characteristics.
– It will protect the rights of LGBTQI+ people in all aspects of life, from employment to education.
– Hate crimes will be classified as serious crimes, resulting in stricter penalties.
– It will increase the responsibility of law enforcement and the judiciary to effectively protect against violence and rights violations.
The bill is in line with international standards, in particular the Council of Europe Recommendation CM/Rec(2010)5 on measures to combat discrimination based on sexual orientation and gender identity.
Bill No. 5488 aims to significantly improve the protection of LGBTQI+ people in Ukraine, in particular by clearly defining discrimination, expanding rights, strengthening penalties and improving access to legal protection for LGBTQI+ people.
The project was made possible with the support of the Ministry of Foreign Affairs of the Netherlands.