GOAL 10

THE SUSTAINABLE DEVELOPMENT GOALS 9

GOAL 10. REDUCE INEQUALITY WITHIN AND AMONG COUNTRIES

Target 10.2. Prevent manifestations of discrimination in societyTarget 10.3. Ensure access to social services

HOW LGBTQI PEOPLE HAVE BEEN LEFT BEHIND:

Freedom of assembly

There is a positive dynamics: each year more and more people support the annual Kyiv Pride Equality March – from 70 people in 2013 to 5,000 people in 2018. In 2018, the National police ensured public order, and about 60 people who tried to prevent the March of Equality were arrested.

The community has become more visible and the support has increased among the general society, but at the same time it has mobilized anti-LGBTQI and anti-gender movements.

Freedom of expression

• 54% of LGBT activists experienced isolated cases of cyberbullying on the Internet

• 14% of LGBT activists from time to time face cyberbullying

• only 20% of cyberbullying victims applied to different institutions to stop bullying

• 26% of activists point out that they do not see effective means of combating cyberbullying 4

Right to marry, right to adoption

Same-sex couples are denied in equal access to marriage, and registered partnerships are also not recognized by Ukrainian legislation.

According to the definition of a marriage in the Constitution of Ukraine (article 51) and the Family Code of Ukraine (article 24), it «shall be based on a free consent of a women and men».

Persons of the same sex may not be adopters. Persons that are not married to each other may not adopt the same child (article 211 of the Family Code of Ukraine).

On February 15, 2011, the Verkhovna Rada of Ukraine adopted the Law of Ukraine «On ratification of the European Convention on the Adoption of Children (Revised)», which promotes the introduction of modern legal standards in the field of adoption in order to maximally fulfil the child’s highest interests.

4 Freedom of expression online for LGBT, HIV and gender equality activists, NGO Fulcrum UA, 2018. Available at: https://issuu.com/fulcrumua/docs/freedom_eng

THE SUSTAINABLE DEVELOPMENT GOALS 10

In accordance with Part 1 of Art. 7, the Convention allows the adoption of a child by: a) two persons of different sex; i) who are married to each other or ii) who are in a registered partnership, if such union exists; b) one person.

However, according to the clarification from the Ministry of Justice of Ukraine, this article gives the right (and does not oblige) States, taking into account their national legislation, to extend the effect of this Convention on same-sex relations 5 .

The legislation of Ukraine contains a prohibition of adoption by transgender people, which is related to the requirement to get a diagnosis for the legal gender recognition 6 .

Right of bodily integrity

The legislation of Ukraine does not provide ban of medically unnecessary surgeries for intersex children.

National Human Rights Strategy of Ukraine by 2020 and its Action Plan

On August 25, 2015 National Human Rights Strategy by 2020 was adopted in Ukraine, which defined the main directions of human rights protection by the state.

On November 23, 2015, the Cabinet of Ministers of Ukraine approved an Action Plan to implement the National Human Rights Strategy by 2020 with the concrete measures, implementers and terms of implementation.

The Action plan contains a rather powerful SOGIESC component and by 2019 is considered to be the most progressive document:

• drafting and submitting to the Cabinet of Ministers of Ukraine a bill on legalization of registered civil partnership in Ukraine for opposite-sex and same-sex couples taking into account property rights and non-property rights, in particular ownership and inheritance of property, maintenance of the partner in case of disability, constitutional right to not to testify against a partner (deadline : II quarter 2017)

• ensuring liability and punishment for hate crimes on grounds such as sexual orientation, gender identity

• development and preparation of a special educational course on intersex, its inclusion in the programs of professional development for specialists (deadline: I quarter 2016)

• removal of the ban on adoption of children by transgender people (deadline: IV quarter 2016)

5 Clarification of the Ministry of Justice of Ukraine regarding changes in legislation in connection with ratification of European Convention on the Adoption of Children (Revised). Available at: http://www.minjust.gov.ua/34711

6 Order of the Ministry of health of Ukraine «On approval of the List of diseases in the presence of which a person can not be an adopter» № 479 from 20.08.2008. Available at: https://zakon.rada.gov.ua/laws/show/z1022-08

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As of March 2019, none of these measures have been implemented.

At the end of 2018, the article on the drafting of a bill on legalization of registered civil partnerships for opposite-sex and same-sex couples in Ukraine was recognized by the executors as the impossible to be implemented due to receipt by the Ministry of Justice of Ukraine of a large number of appeals from regional, city and district city councils, public and religious organizations regarding the article’s inadmissibility 7 .

Currently, the Action Plan to implement National Human Rights Strategy is being amended, but the draft updated has not been publicly available. There is a risk that in the final version of the updated Action Plan a number of articles related to SOGI- ESC can be excluded from the document.

Access to social services

Access to social services for LGBTQI is limited, including due to the lack of qualified specialists.

The training program for psychologists in higher education institutions does not include such topics as LGBTQI and SOGIESC.

The only subject for future psychologists, which covers the topic Sexual orientation is «Psychology of Sexuality» - which is optional, by the choice of educational institution.

Curriculum for teachers specializing in Inclusive education (new specialization approved in framework of Ukrainian education reform in 2018) also does not include SOGIESC component.

7 Report for 2018 on the implementation of the Action plan to implement National Human Rights Strategy by 2020. Available at: http://hro.org.ua/index.php?id=1544363229

THE SUSTAINABLE DEVELOPMENT GOALS 12

RECOMMENDATIONS TO BRIDGE THE GAP AND TO CREATE A SOCIETY TOLERANT AND INCLUSIVE TOWARDS LGBTQI PEOPLE

1. Since reluctance of numerous institutions and individuals to proceed with the institutional, political and social changes is largely related to the lack of proper information and education in the society, it is of the utmost need to develop new curricula for higher and secondary education institutions that will include sexual education for teenagers, foundations of psychology and psychological work with LGBTQI people for relevant disciplines (school teachers, social workers, psychologists, all kinds of educators, etc.).

2. In accordance with the national strategy, necessary measures are to be taken to introduce equal marriage rights or rights for registration of civil unions for the same sex couples. Further steps are to be taken to ensure legal recognition for same sex couples or/and LGBTQI individuals to adopt children.

3. Additional work at the legislation and policy making level is to be done towards the control and monitoring of law enforcement and judicial institutions and organs when it comes to hate crimes. This work has to include improved data collection and evaluation, as well as its further presentation for public discussion with the representatives of the government, responsible ministries, and civil society organizations. International organizations and institutions should be involved to share their best practices as well as to exercise external independent control and monitoring over Ukrainian government fulfilling its international obligations.

4. Additional budget is to be allocated and policies developed to ensure decent level of education and preparation for health care sector specialists (doctors, nurses, etc.) to provide high quality health care services to all the groups under LGBTQI abbreviation. Foreign experts are to be involved. Apart from clinical knowledge, it is necessary to introduce tolerance and diversity trainings for the staff of health care institutions to ensure that the rights of LGBTQI people for good quality health care are not violated.

5. Awareness raising policies and informational campaigns are to be held on the national level to eliminate and prevent homo- and transphobic biases and to fight and prevent all types of hate crimes among the population. Support such campaigns when those are organized by LGBTQI and allies civil society organizations.

6. Make sure that civil society organizations working with LGBTQI issues are duly informed and involved in policy-making process as experts and consultants, create regular meetings for interactions between public officials, human rights experts, and civil society activists. Legislation making process transparency is to be increased and policy-makers accountability doubled.

7. Increase involvement of professional civil society and grassroots organizations into data collection and reporting of the situation with the rights of LGBTQI people in Ukraine to international organization, transnational cooperation and activism, experts and professionals exchange and educational programs.