Fundamental rights and freedoms are guaranteed by the Constitution of Ukraine, but, despite that, violations are being recorded wildly. These violations not only concern LGBT rights: every and each Ukrainian at least once in their lifetime faced discrimination even if not being aware of it.
Frequently Ukrainians are not willing to defend their rights, explaining their inactions with statements like "it's always been like that" and "I can't change anything". But practice of foreign countries shows that the situation can be changed and even moreover – should be changed. First of all it is important to understand what the term "discrimination" means.
Discrimination is unjustified difference in rights and responsibilities of a person according to their specific features. It can be illustrated by a simple example of common wording in the vacancy announcements: "A woman under 35 years old is needed". In most of the cases a man of 40 years old is also able to cope with the proposed duties. But the only reason for such requirements is the desire of a boss to find for the job a young and preferably beautiful girl. This example shows discrimination based both on sex and age. Should we even start to speak of the difficulties faced by women looking for a job who have young children and those over 45 years old?
To acts of discrimination at the workplace also apply dismissal of an employee in the form of "voluntary redundancy" because of their homosexual orientation or their positive HIV status. Such actions violate human rights, because mentioned specific features can not influence the quality of the work performed.
Another important thing worth internalizing: equal rights – the fundamental principle of human rights. Unfortunately, this principle is also violated in Ukraine. For instance, violations of the laws by the wealthy or powerful people perceived by Ukrainians as something granted – and unfortunately we are speaking not only of the administrative violations but also of criminal ones. Hope for a conviction in such cases is negligibly small. It happens not only because of the imperfection of the national legislations but also because of the corruption in the judicial system.
Along with the privileged members of the society, there are vulnerable social groups, whose representatives are more likely to experience discrimination. Besides LGBT community there are also underage, seniors, disabled, refugees, former prisoners. In total it is a significant part of the population of Ukraine.
Anti-discrimination legislation intended to protect not only and not even the LGBT people – in the first place it is necessary for each Ukrainian. In the infamous bill No.2342, surrounded by so many fights, LGBT people are mentioned only in one paragraph: prohibition of discrimination on grounds of sexual orientation in the workplace. The central focus is given to the protection from incitement of national, racial and religious hatred and prevention from humiliation of honor and dignity. Countering discrimination is nessesary for men and women of different age and ethnic groups, regardless of their sexual orientation.
As for today Ukraine faces the challenge: to develop and implement explicit human rights mechanisms that will allow to minimize the influence of the authorities on life and freedoms of the individual citizens. And not because the Europe wants us to. Europe doesn't need forced or formal European integration, and no Western country is going to develop necessary legislation for us instead of us. And why, exactly, anyone but us should take care of us?
So to say, pushing certain demands to Ukraine, Europe initially is pursuing its own interests. Because Europe is no land of fays and elves, quite rational people are actually living there instead. And the decisions of European Parliament members are not dictated by the all-embracing love for mankind, but rather cold mind and calculations. They are worried that when the visa-free regime between Ukraine and EU is implemented, the surge in migration of Ukrainians to European countries is possible. And they try to minimize the risks. That's why the Europe is so interested in Ukraine to become a better place to live, including at the expense of its legal environment.
There is still a long way for Ukraine in transformation into a legal state, where its every member feels safe and protected. All the changes start with the active actions of the individual citizens. In our case they may start with the activities of the LGBT community representatives.
Автор: UPO “Gay Alliance Ukraine”
