ABSTRACT

The Ukrainian legal framework for the protection against discrimination has been considerably expanded over recent years. In the course of this process, the mandate of the Ukrainian Parliament Commissioner for Human Rights has also been extended. This body, which is accredited as an A-Status National Human Rights Institution, also fulfils the role of an equality body as required, for example, by European Union equality legislation. This article focuses on the role of the Ukrainian Parliament Commissioner for Human Rights with regard to the advancement of equality and anti-discrimination in Ukraine. In order to get a better understanding of the body, the article will start by giving a general introduction to the institution and briefly describe its mandate, competences and composition. The next section will briefly outline the national equality legislation in Ukraine as it provides the legal framework for the work of the Ukrainian Parliament Commissioner for Human Rights in this area. Subsequently, the role of the Commissioner as an equality body will be outlined and analysed. The article concludes with a short evaluation of the work of the Commissioner in the field of equality and anti-discrimination.

INTRODUCTION

Discrimination and different forms of inequality are a serious and systematic problem in Ukraine. Discrimination on grounds of gender, sexual orientation and gender identity, colour of skin and ethnic origin, disability, Human Immunodeficiency Virus (HIV) Status, nationality and citizenship, language, religious or other belief and discrimination against internally displaced persons (IDPs) are frequently reported to be of major concern. In order to address these issues, the Ukrainian legal and institutional framework for the protection against discrimination and the promotion of equality has been considerably improved and expanded in recent years. The adoption of the Law of Ukraine ‘ On Principles of Prevention and Combating Discrimination in Ukraine ’ (hereinafter the Anti-Discrimination Act) in 2012 marked a big step towards aligning the Ukrainian legal framework with European and international equality and antidiscrimination standards. The process has been considerably influenced and propelled by international stakeholders – especially by the European Union (EU) – but also by non-governmental organisations (NGOs) that repeatedly voiced their concerns about prevalent forms of discrimination and pointed out protection gaps in the legal framework.