A/HRC/44/53/Add.1
or religious intolerance, as well as bias-motivated crimes against lesbian, gay, bisexual,
trans and gender diverse persons and persons with disabilities. Although the law does not
include the last two groups as protected characteristics, the information is mined through
case-by-case analysis, something that is possible because of the low numbers of cases
involved. The Independent Expert regrets that the data collected does not distinguish
between incitement to hatred and hate-motivated violence.
22.
The Ombudsperson’s Office also receives, via petitions, information about rights
violations, including on discrimination and violation of the principle of equality. Since
2014, it has been collecting data on cases related to discrimination and, starting in 2018, it
receives quarterly updates from the State Judicial Administration on the total number of
civil, administrative and criminal proceedings that concern discrimination. 12
IV. Root causes analysis
A.
Stigma
23.
Despite public support for values of democracy and equality13 and a shy but steady
improvement in the public perception of lesbian, gay, bisexual, trans and gender diverse
persons since 2015, widespread negative social attitudes concerning sexual orientation and
gender identity persist. Sociological surveys conducted in 2016 and 2018 showed that 60
per cent of Ukrainians have negative attitudes towards the community.14
24.
During the visit, the Independent Expert observed that strong incentives are in place
not to do anything that disrupts the perception of social harmony, as doing so will expose
individuals to severe discrimination in employment, education and health care. As a result,
most members of the community do not dare to “come out”. The main challenge of the
Ukrainian State is to adopt the measures necessary to identify, analyse and ultimately
dismantle the root causes of this invisibility.
25.
The Independent Expert was informed of initiatives aimed at fostering tolerance,
raising awareness and debunking myths and stereotypes around marginalized groups,
including lesbian, gay, bisexual, trans and gender diverse persons, noting in particular
educational activities initiated by non-State actors and the Free and Equal Campaign run by
the United Nations in June 2019. These are, unfortunately, not sufficient given the scope of
the problem.
B.
Attitudes of the public and elected officials
26.
The period following the revolution of dignity is marked by the emergence of
nationalism, patriotism and a strong sentiment of national identity. Some nationalist
battalions fighting in the east of the country have affiliated themselves with far-right groups
that oppose issues related to sexual orientation and gender, and have gained popularity due
to their role in the military conflict. Radical nationalist and religious conservative groups
have implemented narratives portraying lesbian, gay, bisexual, trans and gender diverse
persons as being anti-patriotic, destroying the moral fabric of the society or the “natural
family”, and threatening the survival or the sovereignty of the nation.
27.
In general, central executive authorities have acted in a manner that reflects respect
for the rights of lesbian, gay, bisexual, trans and gender diverse persons. Since 2016, the
President’s Office and some political appointees have taken a public stand for equality,
including for lesbian, gay, bisexual, trans and gender diverse persons, hence contributing to
12
13
14
6
Ibid.
See www.ua.undp.org/content/ukraine/en/home/library/democratic_governance/humanrightsresearch2018.html.
Tetiana Pechonchyk, ed., “What Ukrainians know and think of human rights: a progress study (2016–
2018)”, research summary (Kyiv International Institute of Sociology, 2018).
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