A/HRC/44/53/Add.1
children up together with a partner. Lesbian couples were raising children together twice as
often as gay couples, and the Independent Expert heard numerous testimonies of lesbian
women who expressed great concern at the vulnerability of their family. Many of them had
entered into a heterosexual marriage before, due to social and family pressure, and were
now raising their children with their same-sex partner. As a result of the lack of legal
protections, same-sex couples face numerous problems, such as the impossibility of
acquiring or registering joint ownership of property, resolving property disputes, making
vital decisions on behalf of their partner, disposing of joint property and inheriting after the
death of a partner.
85.
Individuals in same-sex couples are currently unable to adopt the child of their
partner, and transgender people are prohibited by law from adopting. The latter prohibition
is clearly discriminatory against transgender persons, and the Independent Expert regrets
that the lifting of this ban, which was foreseen in the human rights action plan, has still not
been implemented. In addition, he notes that the impossibility of adopting a partner’s child
also makes the child extremely vulnerable, for example in case of the death of the child’s
biological parent. In a position paper, UNICEF noted that legal recognition of family
relationships is important in fighting discrimination against lesbian, gay, bisexual, trans and
gender diverse parents and children, as parents without legal recognition are prevented from
making decisions concerning fundamental aspects of their child’s life, such as education
and health care. UNICEF also highlights that the lack of recognition causes problems if the
couple separates or if the biological parent dies.49
VII. Conclusions and recommendations
86.
The Independent Expert is encouraged by legal and historical developments
concerning the protection of the human rights of lesbian, gay, bisexual, trans and
gender diverse persons in Ukraine, and he believes that the State is at a juncture
where it can take action to make significant progress in that connection.
87.
Political leadership is crucial in this area. Sexual orientation and gender
identity issues have never been irrelevant for society, and they have always been the
object of heated debate. But the extent to which a society is ready to embrace diversity
should never be determined by the fear of that debate, or the acceptance that the
rights of some should be unduly limited.
88.
The Independent Expert recommends that the Ukrainian authorities take a
decided stand for equality on the basis of sexual orientation and gender identity, and
the adoption of the measures connected to that equality. In that connection, he is of
the view that the human rights action plan is an excellent blueprint and that the
effective adoption of the measures described therein would be a significant step to
bring Ukraine in full conformity with its international obligations in this field.
89.
The Independent Expert recommends in particular that Ukraine take the
actions detailed below.
A.
Legislative, institutional and policy framework
90.
With regard to its legislative, institutional and policy framework, Ukraine
should:
(a)
Ensure that items of the human rights action plan related to sexual
orientation and gender identity that have not yet been implemented are reiterated in
the new action plan and are speedily implemented, in line with its commitments under
the National Human Rights Strategy;
49
18
See www.unicef.org/videoaudio/PDFs/Current_Issues_Paper_Sexual_Identification_Gender
_Identity.pdf.
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