Ukraine adopts new human rights strategy for queer people
A step forward for the LGBTQ community.
Signed off by President Volodymyr Zelenskyy, Ukraine has adopted a new National Human Rights Strategy that includes new protections for LGBTQ people.
Signed on 12 October and published on 15 October, the new strategy sets out human rights objectives for Ukraine and includes LGBTQ people in a section about different groups who might face human rights violations, including national minorities, internally displaced people, people with disabilities, children, veterans, and families of people who have died during the Russian invasion.
The objectives centre on protecting LGBTQ people from hate speech, discrimination, and hate crimes, as well as increasing access to social services.
The adoption of the human rights strategy is seen as part of Ukraine's alignment with the European Union.
What’s life like for LGBTQ people in Ukraine?
LGBTQ equality in Ukraine is a bit of a complicated picture - with the Russian invasion adding further complexity. We have heard from LGBTQ community leaders in Ukraine that the war has made things better for queer people - conscripted into the military and playing active roles in the war effort has helped to dismantle some of the systemic homophobia that had previously dogged Ukraine. But it seems that those underlying prejudices remain a very real threat to the safety of LGBTQ people.
The war has also highlighted how the continuing lack of equality directly impacts queer people. With no legal recognition of same-sex relationships, partners have no rights in the event of their death or injury, and aren't granted leave to meet loved ones.
Lack of progress on LGBTQ equality is likely to be a key discussion point for political leaders as Ukraine moves closer to alignment with the European Union.
Let’s take a look at some of the key equality indicators.
Is homosexuality legal in Ukraine?
Same-sex sexual activity was illegal in Ukraine – under the criminal code that was operated by the Soviet Union.
In 1991 the law was changed, which effectively removed the criminalisation of gay sex.
Are there anti-discrimination protections in place for LGBTQ people in Ukraine?
The position regarding discrimination protection in Ukraine is a bit confusing.
In 2015 the country enacted an anti-discrimination law that protects people from discrimination based on sexual orientation or gender identity. However it is clear that this was passed reluctantly as a requirement for Ukraine to move forward in its negotiations with the European Union.
In 2016 the Ukrainian parliament failed to back the Istanbul Convention (a European hate crimes law) because of its references to sexual orientation and gender).
Is there Marriage Equality in Ukraine?
There is no legal recognition of same-sex relationships.
The constitution explicitly defines marriage as being between a man and a woman.
What’s life like for LGBTQ people in Ukraine?
Ukraine is a very religious, and socially conservative country.
Pride celebrations are routinely targeted by violent attacks from homophobic groups.
The recent ILGA report on LGBTQ Equality in Europe ranked Ukraine 41st overall. With a total score of 18.76%, Ukraine scored well on Civil Society Space but lost points on all other criteria.
Gareth Johnson