A/HRC/44/53/Add.1
80.
According to human rights organizations, discrimination in employment remains
one of the biggest problems, especially for trans persons. An organization recorded 24 cases
of violations against lesbian, gay, bisexual, trans and gender diverse persons in the field of
work in 2018 and 17 cases for the first six months of 2019.44 Another source documented 10
cases of discrimination against and mobbing and stigmatization of lesbian and bisexual
women at their workplace in the Kherson region from 1 December 2018 to 1 March 2019. 45
The Independent Expert also heard several testimonies of lesbian, gay, bisexual, trans and
gender diverse persons who had been dismissed or denied employment because of their
sexual orientation and gender identity.
81.
During the visit, the Independent Expert was pleased to hear about civil society
initiatives to engage with the business sector with a view to fostering inclusiveness in the
workplace, including for lesbian, gay, bisexual, trans and gender diverse employees, but
also to creating spaces and services free of stigma and discrimination. In addition, since
2013, a coalition of civil society organizations created the Ukrainian Corporate Equality
Index. The Index is a national survey of corporate policies, rules and practices of private
companies to prohibit discrimination at the workplace and support the principle of equality
and respect for diversity of employees based on sex, disability, sexual orientation and
gender identity.46 The Independent Expert salutes such initiatives, which can play a key role
in fostering inclusion of lesbian, gay, bisexual, trans and gender diverse persons in the
workplace and beyond.
D.
Family life
82.
Many lesbian, gay, bisexual, trans and gender diverse persons remain invisible for
fear of being rejected by their family. Each and every lesbian, gay, bisexual, trans or gender
diverse person the Independent Expert met in Ukraine underscored how important it is to be
able to live a happy and fulfilling life, to be accepted and loved by one’s family, and to be
able to create a family of one’s own. During the visit, he heard testimonies of teens and
young adults who had been rejected by their family and thrown out of their homes, but he
has also heard testimonies of parents who showed support, love and acceptance 47 through
initiatives that are as moving as they are inspiring. Such initiatives are important to create
an environment that is inclusive and to signal to lesbian, gay, bisexual, trans and gender
diverse persons that they have the right to live openly and freely.
83.
The Constitution (art. 51) and the Family Code (art. 21) define marriage as a union
between a woman and a man. The institution of marriage is therefore not open to same-sex
couples in Ukraine, and registered partnerships are not recognized either. As a member of
the Council of Europe, Ukraine is, however, obliged to comply with standards set by the
Convention for the Protection of Human Rights and Fundamental Freedoms and must
therefore provide legal recognition (such as civil unions or registered partnerships) for
same-sex couples. In order to fulfil this requirement, the State had planned to legalize
registered civil partnerships for both opposite-sex and same-sex couples through the human
rights action plan. This item has, however, been exploited for sociopolitical ends and ended
up polarizing and dividing the society. Following numerous complaints from local
authorities, civil society members and religious organizations, the Ministry of Justice
concluded that the implementation of this action was currently impossible.
84.
According to a 2009 research study,48 two thirds of the lesbian, gay, bisexual, trans
and gender diverse persons interviewed had same-sex partners; about half of these couples
were living together and had a joint household, and about one tenth were bringing their
44
45
46
47
48
Ibid.
Fulcrum UA, “Report on the implementation of the Sustainable Development Goals by Ukraine,
2019”.
See https://issuu.com/fulcrumua/docs/index-2017-a5-eng.
See in particular the work of the Tergo initiative in this regard: http://tergo.org.ua/en/.
Nash Mir Center, “Policy brief on the introduction of a registered (civil) partnership for same-sex
couples in Ukraine”, 12 March 2017.
17
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