A/HRC/44/53/Add.1
(b)
Ensure the strict separation of powers and withdraw the privileged
status currently granted to some Ukrainian churches consulting with State
institutions;
(c)
Include comprehensive data, disaggregated by key populations,
including lesbian, gay, bisexual, trans and gender diverse persons, when highlighting
efforts made by Ukraine to combat institutional and legal discrimination in the
context of its voluntary national review in 2020 of progress in achieving the
Sustainable Development Goals;
(d)
Undertake a study on lesbian, gay, bisexual, trans and gender diverse
persons in detention and develop related policies and guidelines to ensure their
protection and well-being.
B.
Stigma and hate speech
91.
To address stigma and hate speech Ukraine should:
(a)
Urgently undertake a nationwide educational and sensitization campaign
aimed at countering misinformation, harmful myths and stereotypes about lesbian,
gay, bisexual, trans and gender diverse persons, and eliminating stigma associated
with sexual orientation and gender identity;
(b)
Refrain from disseminating hateful expressions against lesbian, gay,
bisexual, trans and gender diverse persons, and formally denounce hate speech. The
State should also consider the imposition of disciplinary measures on State agents
involved in hate speech. A preventive policy should include the collection and analysis
of data on hate speech, with the purpose of assessing different forms of hate speech,
the perpetrators involved, the reasons and circumstances for its emergence and the
intended audiences;
(c)
Establish an adequate framework for enforcement of measures against
hate speech and discriminatory actions by authorities and clerics of churches – and a
framework for discussion with all faith-based groups to promote their cooperation in
the eradication of violence and discrimination based on sexual orientation and gender
identity.
C.
Hate crimes
92.
With regard to hate crimes, Ukraine should:
(a)
Specifically include sexual orientation and gender identity as grounds in
article 161 (1) and (2) of the Criminal Code, as well as in all the aggravated forms of
offences and the general provisions on aggravating circumstances under article 67 (1)
(3);
(b)
Adopt the legislative measures envisaged in the human rights action plan
to ensure that homophobic and transphobic hate crimes are effectively investigated,
accurately categorized and prosecuted, and that those found guilty are punished with
sentences commensurate with the gravity of the offence and victims are provided with
effective remedy;
(c)
Establish liaison officers between the police and the lesbian, gay,
bisexual, trans and gender diverse community; integrate issues related to sexual
orientation and gender identity into police curricula to ensure the sustainability of
such training; ensure that the newly adopted guide on recognizing, recording and
investigating hate crimes in Ukraine is speedily put into practice by the police and
deliver connected training; and fully implement the police hate crime prevention plan
for 2019.
19
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