Науковий вісник Ужгородського національного університету. Серія Право (Nov 2024)
International standards on protected features and anti-discrimination legislation of Ukraine
Abstract
The article analyzes international acts adopted by the United Nations, the Council of Europe, and European Unions in the field of combating discrimination and anti-discrimination legislation of Ukraine. The article considers the law of Ukraine «Оn the principles of preventing and countering discrimination in Ukraine», which contains a generalizing concept of «discrimination», defines forms of discrimination and lists protected features. It is proposed to fix in Article 1 of this law the definition of the term «protected features». Scientific works of V. Iskovich and V. Galan in the field of studying new types of discrimination and protected features are studied. It is established that the protected characteristics that are enshrined in international acts include: race, skin color; gender; religious views; ethnic origin; language; marital status; political and other views; environmental and other status; place of birth; age; health status; birth of a child; status; availability of property; any form of social segregation; genetic inheritance; economic activity and profession. The UN Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of Persons with Disabilities and its Optional Protocol are studied in more detail. Definitions of the following concepts are considered: «discrimination on the basis of race», «discrimination on the basis of gender», «discrimination on the basis of age», «discrimination on the basis of disability». Special attention is paid to the implementation of the principle of equal rights of women and men in Ukraine. In order to implement UN Security Council Resolution 1325 «Women, peace, security» in 2020, the Cabinet of Ministers of Ukraine approved the National Action Plan for the period up to 2025. In 2022, the Ministry of social policy prepared a draft state strategy for ensuring equal rights and opportunities for women and men until 2030 and an action plan for 2022ם2024 of Ukraine. It is established that the European Court of Human Rights is of great importance for the interpretation of the concept of «protected attribute». The court practice of the ECHR actually expands the list of protected features, which should be taken into account when improving the national anti-discrimination legislation.
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