The Equal Rights Trust is an independent internation- Equal Rights Trust al organisation whose purpose is to combat discrimi- nation and promote equality as a fundamental human right and a basic principle of social justice. Nash Mir Center is a Ukrainian non-governmental or- ganisation, which aims to promote equal rights and protects the interests of Ukrainian LGBT people. Ukraine today is caught in the crosscurrents created by powerful forces junior partner of an increasingly antagonised Russia? fighting for its identity. Will it become an ally of the European Union, or a ▪ Country Report Series: ukraine Report Country This report finds that the main line dividing people in Ukraine today is not ethnic, religious, linguistic or regional, but political. Yet while it finds that ethno-linguistic discrimination was not a key cause of the conflict, division and disadvantage are among its consequences. Most prominently, issues of- language, and latterly ethnicity, have become key battlegrounds for those- promoting different visions of Ukraine’s future. LGBT rights have also be In the Crosscurrents come strongly politicised. Discrimination against ethnic, religious and sex ual minorities has increased in Crimea and the separatist-controlled areas,- while the conflicts in these regions have created an internally displaced Addressing Discrimination population which is vulnerable to discrimination. The report also con- cludes that long-standing patterns of discrimination persist in the midst of and Inequality in Ukraine conflict: Roma, women and persons with disabilities, for example, experi ence discrimination resulting largely from culturally entrenched attitudes.- There are grounds for hope, however. In just three years, the legal frame work on equality and non-discrimination has improved radically. Now the state must turn to the difficult task of realising equal rights, while resisting those who seek to foster division. This report has been prepared with the financial assistance of the European Union. The contents of this report are the sole responsibility of the Equal Rights Trust and can in no way be taken to reflect the views of the European Union. Equal Rights Trust in partnership with Nash Mir EQUAL RIGHTS TRUST IN PARTNERSHIP WITH LGBT HUMAN RIGHTS CENTRE NASH MIR In the Crosscurrents Addressing Discrimination and Inequality in Ukraine The Equal Rights Trust Country Report Series: 5 London, August 2015 The Equal Rights Trust is an independent international organisation whose pur- pose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. © August 2015 Equal Rights Trust © Photos: Nash Mir © Cover August 2015 Dafina Gueorguieva Layout: Istvan Fenyvesi PrintedDesign: in Dafinathe UK Gueorguieva by Stroma Ltd ISBN: 978-0-9573458-4-3 All rights reserved. No part of this publication may be translated, reproduced, stored in a retrieval system or transmitted in any form or by other means without the prior written permission of the publisher, or a licence for restricted copying from the Copyright Licensing Agency Ltd., UK, or the Copyright Clearance Centre, USA. Equal Rights Trust 314-320 Gray's Inn Road London WC1X 8DP United Kingdom Tel. +44 (0) 207 610 2786 www.equalrightstrust.org The Equal Rights Trust is a company limited by guarantee incorporated in England, and a registered charity. Company number 5559173. Charity number 1113288. Union. The contents of this report are the sole responsibility of the This report has been prepared with the financial assistance of the European the views of the European Union. Equal Rights Trust and Nash Mir and can in no way be taken to reflect Ради тебе перли в душу сію, Ради тебе мислю і творю. Хай мовчать Америки й Росії, Коли я з тобою говорю Василь Симоненко "Задивляюсь у твої зіниці...", 1964 For you [Ukraine] I put pearls in my soul For you I think and create Let Americas and Russias be silent When I speak to You Vasyl Simonenko “I am looking into your eyes…”, 1964 Vasyl Symonenko is a well-known Ukrainian poet, journalist, and dissident. Ukrainian literature of the early 1960s. He is considered one of the most important figures in In the Crosscurrents TABLE OF CONTENTS ACKNOWLEDGEMENTS ACRONYMS AND ABBREVIATIONS NOTE ON LANGUAGE AND TRANSLATION EXECUTIVE SUMMARY 1. INTRODUCTION ..................................................1 1.1 Purpose and Structure of This Report .............................1 1.2 Conceptual Framework and Research Methodology ................2 1.3 Country Context .................................................16 1.4 History, Government and Politics .................................19 2. PATTERNS OF DISCRIMINATION AND INEQUALITY ..............27 2.1 Discrimination on the Basis of Gender ............................27 2.2 Discrimination on the Basis of Sexual Orientation and Gender Identity ..................................................61 2.3 Discrimination on the Basis of Disability ..........................87 2.4 Discrimination on the Basis of HIV Status ....................... 110 2.5 Discrimination on the Basis of Ethnicity, National Origin and Colour. 121 2.5.1 The Roma ................................................ 125 2.5.2 The Crimean Tatars ....................................... 143 2.5.3 Ethnic Russians ........................................... 152 2.5.4 Jews ...................................................... 159 2.5.5 Xenophobia against Foreign Nationals ..................... 167 2.6 Discrimination on the Basis of Nationality and Citizenship ...... 172 In the Crosscurrents 2.7 Discrimination on the Basis of Language ....................... 177 2.8 Discrimination on the Basis of Religion ......................... 187 2.9 Discrimination against Internally Displaced Persons ............ 200 2.10 Disadvantages Faced by Certain Groups of Children ............ 205 3. THE LEGAL AND POLICY FRAMEWORK RELATED TO EQUALITY ....219 3.1 International and Regional Law ................................ 219 3.1.1 Major United Nations Treaties Related to Equality ......... 220 3.1.2 Other Treaties Related to Equality ......................... 223 3.1.3 Regional Human Rights Treaties (Council of Europe) ...... 226 ........................... 227 3.1.43.1.5 TreatiesCustomary not International Ratified by Ukraine Law ............................. 227 3.1.6 Status of International Obligations in National Law ........ 228 3.2 National Law .................................................. 230 3.2.1 The Constitution .......................................... 231 ...... 256 3.2.23.2.3 SpecificNon-Discrimination Equality and Provisions Anti-discrimination in Other Legal Legislation Fields ...... 287 3.3 National Policies Impacting on Discrimination and Inequality ... 301 3.4 Enforcement and Implementation. 309 3.4.1 Enforcement .............................................. 309 3.4.2 Jurisprudence on Equality and Non-Discrimination ........ 330 4. CONCLUSIONS AND RECOMMENDATIONS .......................355 4.1 Conclusions .................................................... 355 4.2 Recommendations ............................................. 367 BIBLIOGRAPHY ........................................................ 382 In the Crosscurrents ACKNOWLEDGMENTS This report is published by the Equal Rights Trust in partnership with LGBT Human Rights Nash Mir Center (Nash Mir). The conceptual framework, struc- ture and research methodology were developed by the Equal Rights Trust as part of its Country Report Series on addressing discrimination and inequality in different countries around the world. Between 2013 and 2015 the Equal Rights Trust and Nash Mir worked with a number of civil society organisations and experts across Ukraine to research cases of discrimination across the country through interviews, focus groups and desk-based research. The organisations included the International Wom- en’s Rights Centre La Strada-Ukraine; the Institute of Applied Humanitarian Research (Kharkiv); the Public Youth Organisation “Klub Vzayemodopomohy Zhyttia+” (Odesa oblast); the Kharkiv Regional Foundation “Public Alterna- tive”; Lyudy Bukovyny (Chernivtsi oblast); the LGBT Association “You Are Not Alone” (Zhytomyr); the Poltava Oblast Media Club; the Public Organisation on European and comparative constitutional law and minority rights, who completed“Human Rights research Centre on Postup” ethnic Russians (Luhansk and oblast); Jews andin Ukraine. Kirył Kaścian, an expert alsoOn the undertook basis of athe review research, of existing the first literature. draft of Inthe February report was 2015, prepared Dimitrina by Richard Wingfield (Equal Rights Trust) and Andrii Kravchuk (Nash Mir) who visit in Ukraine, meeting experts and stakeholders from civil society, academ- ia,Petrova government (Equal andRights the Trust) judiciary and to Richard consult Wingfield them on the undertook draft report. a validation Follow- Whitemaning this visit, (Equal Richard Rights Wingfield Trust). Finally, prepared the areport second was draft edited incorporating and authorised the forfindings. publication This draft by Dimitrina was reviewed Petrova, and who revised also byoversaw Jim Fitzgerald the overall and research Joanna and drafting process. The Equal Rights Trust is deeply indebted to the many others who kindly gave their time to review and give their thoughts on the report and whose contributions have strengthened it greatly, in particular Zoryana Chernenko, Yevhen Yermolenko, Professor Mykola Kozyubra, Professor Volodymyr Kulyk