Contributed by: Halyna Fedkovych, Ukraine National VAW Monitor

last updated April 11, 2006

The Law of Ukraine "On Ensuring the Equal Rights and Opportunities of Women and Men" was adopted by Parliament on 8 September 2005 and entered into force on 1 January 2006. For the first time in Ukrainian history, the Law contains the legislative definition of “discrimination based on sex" and provides the right to judicial protection from it. “The purpose of this Law is achievement of parity status of women and men through the legal ensuring of equal rights and opportunities of women and men, elimination of discrimination based on sex and implementation of special temporary measures, aimed at the elimination of misbalance between the opportunities of women and men to exercise equal rights granted by the Constitution”(as noted in the Preamble to the Law).

The Law defines such notions as “equal rights of women and men,” “equal opportunities of women and men,” “discrimination based on sex”, “gender equality”, “gender and legal examination” and others; outlines the main directions of state policy concerning ensuring equal rights and opportunities of women and men, and; gives power in the field of ensuring equal rights and opportunities of women and men to some public authorities, institutions and organizations.

Besides the positive influence of the Law on ensuring gender equality in the society, it still needs changes and improvements.

Some of the main changes needed are the following:

• To bring in a definition of terms, such as direct and indirect discrimination and harassment, in accordance with international documents.
• To bring in a definition of sexual harassment in accordance with international documents.
• To bring in a definition of types of special positive measures and a list of the special positive measures that can be used in the labour field and mechanisms of their application.
• To impose obligations on an employer to take measures to prevent discrimination in the workplace, to set forth the proper protocol in reacting to them, and to acquaint a worker with the possibilities of protection in cases of discrimination.
• To strengthen legal responsibility for discrimination in hiring and during work activity, including the introduction of administrative penalties as fines for the discriminatory actions of employers (in particular, for harassment and sexual harassment).

On June 9, 2004, the Ukrainian Parliament held hearings regarding the “Status of Women in Ukraine: Reality and Perspectives.”  As a result of the hearings, Parliament adopted by decree Hearing Recommendations which recommendations require implementation by the Cabinet of Ministers.

Violence against women was one of the main issues discussed at the hearings. The hearing recommendations state that family violence continues to increase in the Ukraine despite the 2002 adoption of the Law of Ukraine “About Prevention Violence in the Family” and the Decree of the Cabinet of Ministers of Ukraine on Procedure for Consideration and Review of Reports of Acts or Threats of Domestic Violence (April 26, 2003, #616). Women and children make up the majority of family violence victims in the Ukraine.  Police departments registered more than 83 thousands of perpetrators, issued 48651 official warnings to perpetrators and 6656 protective orders against perpetrators.

The hearing recommendations included recommendations concerning violence against women directed to different state institutions. The following are some of the recommendations:

To Parliament of Ukraine:

• To take measures to advance the adoption of a law on Equal Rights and Possibilities for Women and Men, taking into consideration requirements and recommendations of UN, Council of Europe and other international organizations;
• To apply to the Constitutional Court of Ukraine for an official explanatory opinion on article 149 of Criminal Code of Ukraine (human trafficking) so as to prevent variant readings in the implementation of the law.

To the Cabinet of Ministers of Ukraine:

• To develop a draft amendment to article 149 of Criminal Code of Ukraine (human trafficking) to conform it to the international definition of this crime;
• To find sources for real financial support of activities according to the Complex Program of Elimination of Trafficking in People for years 2002 – 2005 (adopted by Decree of Cabinet of Ministers of Ukraine June 5, 2002), especially concerning protection and assistance to victims of trafficking, included financing for establishing centers of Rehabilitation for Victims of Trafficking in People.

To Ministry of Family, Children and Youth:

• To ensure the development of system of consultative centers, and the development of network of crisis centers and shelters for victims of domestic violence;
• To initiate the implemention of state financed pilot projects on innovative social services for combating and prevention violence in family.

To Ministry of International Affairs:

• To improve cooperation with other countries concerning prevention of violence against female migrant workers that work abroad (including those who work illegally);
• To improve the work of Embassies of Ukraine abroad regarding the protection of women victims of trafficking or violence.

To Ministry of Internal Affairs (in cooperation with Ministry of International Affairs):

• To improve cooperation between law enforcement from countries of origin and destination countries of trafficking in persons consistent with the Palermo Convention (U.N. Trafficking Protocol) by providing mutual legal assistance, and by conducting common international operations and investigations;
• To cooperate with law enforcement, other governmental and non-governmental institutions of other countries and international organizations in searching and returning to Ukraine victims of trafficking, protection victims of trafficking and providing reintegration assistance to victims.

The Cabinet of Ministers of Ukraine will report on the implementation of the hearing recommendations adopted following the parliamentary hearings on  the “Status of Women in Ukraine: Reality and Perspectives” in May 2005.

On 26 April 2003, the Cabinet of Ministers of Ukraine issued a Decree that establishes a Procedure for Consideration and Review of Reports of Acts or Threats of Domestic Violence (Decree of the Cabinet of Ministers of Ukraine No. 616, 26 April 2003, Uriadovyi Kurier No. 86, dated 14 May 2003). Under this Procedure, victims or individuals under threat of domestic violence may submit reports to any of the following agencies:

• a local branch of the Committee on Youth and Family Affairs of Ukraine;
• a local Department for Youth and Family Affairs;
• a neighborhood police officer; or
• a local department of juvenile criminal police

Reports are accepted in verbal or written form. A written report must state the name and address of the complainant and describe the circumstances that lead the complainant to believe that she is under specific threat of domestic violence. The petition is then registered in the registry of petitions for the prevention of domestic violence. Reports of acts or threats of domestic violence must be accepted for consideration and thoroughly reviewed within three days of the date of submission. If a need arises to further investigate an allegation of domestic violence or circumstances leading an individual to believe that she is under specific threat of domestic violence, the report must be reviewed within seven days of its submission. An agency where a report is under review is required to immediately notify the local department of criminal police about any serious threat to the complainant’s life or limb. At least one joint on-site inspection by a neighborhood police officer, and representatives of a local branch of the Committee for Youth and Family Affairs of Ukraine and a local Department for Youth and Family Affairs, is required during the review of a report of an act or threat of domestic violence. Local departments for youth and family affairs are responsible for the organization of assistance, protection and rehabilitation of victims or individuals under threat of domestic violence. Information contained in reports of acts or threats of domestic violence is confidential. In practice, the most effective way for victims of domestic violence to protect themselves is to submit a written report to the local police station. Only by making such a report can a victim expect effective action on the part of law enforcement in accordance with this Decree, Domestic Violence Prevention Law and procedural laws.

On 22 April 2002, the Ministry of Internal Affairs issued a Decree setting up the procedure for placement of perpetrators of domestic violence on preventive record. On the Procedure for the Placement of Perpetrators of Domestic Violence on Preventive Record, Decree of the Ministry of Internal Affairs No. z0380-02 dated April 22, 2002, Ofitsiynyi Visnyk Ukrajiny, dated May 10, 2002, No. 17, Page 268, Item 918. Perpetrators of domestic violence are placed on preventive record pursuant to: a) a report of an act of domestic violence by a victim of domestic violence; b) a verbal utterance of concern by a victim of domestic violence in confirmation of a report of an act of domestic violence submitted by a third person; or c) information about an act of domestic violence provided by a cognizant agency (Sections 2.1-2.4). Any individual in receipt of a Preventive Warning is subject to mandatory placement on preventive record (Section 2.4). A Preventive Warning is issued against any individual who has perpetrated an act of domestic violence. (Section 3.1). Perpetrators of repeated acts of domestic violence may have a Protective Order issued against them. To become effective, a Protective Order must be sanctioned by a local district attorney or a chief of local police (Section 3.3). Victims who receive a Preventive Warning for three or more instances of provocative behavior are not entitled to a Protective Order (Section 3.2). In practice, there are a growing number of cases in which police officers are using their legal power to provide Preventive Warnings of provocative behavior of victims of domestic violence to threaten and prevent a violence victim from reporting the violence to the police.

A perpetrator of domestic violence is removed from preventive record a) following a year of non-violent behavior; b) upon his imprisonment as a result of criminal conviction; c) upon his death; d) in the event of his absence from the place of his permanent residence for more than a year; or e) upon a written petition of the victim of domestic violence (Sections 4.1.-4.5). The preventive record is transferred to a new place of residence upon relocation of a perpetrator of domestic violence and his family (Section 2.4). The provision that a perpetrator is removed from preventive record in the event of his absence from the place of his permanent residence for longer than a year may be significantly damaging to the protection of victims of domestic violence (Section 4.3). A perpetrator may simply live in a place across the street from the victim for a year, which by virtue of it not being his permanent place of residence, removes him from preventive record. Instead of maintaining a preventive record on a perpetrator of domestic violence until he acquires a new permanent place of residence, or information about his new permanent place of residence becomes known, the Ministry of Internal Affairs chooses merely to remove the perpetrator from preventive record (Section 4.3). Furthermore, the provision is vague, as it fails to provide the police with sufficient guidance on what constitutes a year-long absence from a place of permanent residence, most specifically:

• what criteria are used to determine that a perpetrator is absent from his permanent place of residence for a year or longer;
• how often the police are required to verify whether a perpetrator continues living at his permanent place of residence;
• whether one visit by a perpetrator to his permanent place of residence interrupts and terminates the running of a period of absence;
• in the case where an absent perpetrator returns to his permanent place of residence after a year or longer absence, whether the police are required to inquire about his behavior during the absence that could warrant continued placement on preventive record.

On 27 June 2003, the Cabinet of Ministers approved the Model Rules of Organization and Operation of Centers of Rehabilitation for Victims of Trafficking in People (Decree No. 987 dated June 27, 2003, Ofitsiynyi Visnyk Ukrajiny, July 18, 2003, No. 27, Page 67, Item 1324). A Center for Rehabilitation of Victims of Trafficking in People (Center) is a specialized institution established to provide a range of social and rehabilitation services and medical treatment to victims of trafficking in people (para. 1). Centers are established by regional governments. Upon referral to a Center, a victim of trafficking may receive shelter, food, psychological and legal assistance (para. 4). Centers also offer victims of trafficking an initial medical examination to help determine the extent of required medical and psychological treatment (para. 4). Centers develop programs for the rehabilitation, reintegration, social and psychological adaptation of victims of trafficking and promote public awareness about trafficking in people (para. 4). Victims may remain at a Center for as long as required, but no longer than three months (para. 6). Any information about a victim of trafficking that becomes available to a Center’s staff is confidential (para. 6). Centers are to be funded from local budgets and charitable donations (para. 7).  As of November 2004, local governments have not yet provided to the public information about the establishment and operation of Centers of Rehabilitation for Victims of Trafficking in People envisioned by the 2003 decision of the Cabinet of Ministers.