As the European Union and Ukraine meet to discuss their future relations, The Equal Rights Trust (ERT) is calling on the Ukrainian authorities to reform and amend the country’s equality legislation to bring it in line with international and European standards. ERT has also urged the European Union to maintain pressure for equality law reform, despite the suspension of negotiations for an Association Agreement. ERT has been actively involved in advocating reforms to equality legislation in Ukraine.

In recent years, the EU and Ukraine had been working towards ratification of an Association Agreement which would deepen political and economic integration, including through the creation of a free trade area and establishment of visa-free access for Ukrainians to the EU. It was hoped that the Agreement would be signed at the Eastern Partnership Summit in Vilnius on 28-29 November, but Ukraine announced last week that it was suspending preparatory work on the Agreement. The decision, which the Ukrainian Prime Minister said was “the only one possible in the current economic situation” but which is also widely seen as a result of pressure from Russia, has prompted mass protests and caused imprisoned opposition leader, Yulia Tymoshenko, to go on hunger strike.

The suspension of negotiations on the Association Agreement puts at risk the development of equality law in Ukraine. The adoption of comprehensive anti-discrimination legislation was one of the conditions put in place by the EU. Ukraine began the process of equality law reform in October 2012, with the adoption of the Law “On Principles of Prevention and Combating Discrimination in Ukraine”. Analysis by ERT and other international experts, however, concluded that this Law falls short of international and European standards in a number of respects, including that it:

• Does not explicitly cover a number of important protected characteristics such as sexual orientation, gender identity, pregnancy and maternity, and health status;
• Uses flawed definitions of “direct discrimination” and “indirect discrimination”;
• Does not recognise failure to make reasonable accommodation as a form of discrimination;
• Lacks any obligation to institute positive action measures; and
• Fails to provide for effective access to justice, remedies and sanctions.

Most importantly, as a result of the lack of consultation in the rush to adopt the Law, it creates many conflicts and inconsistencies with the pre-existing legal and policy framework related to equality. Throughout 2013, ERT has advocated for Ukraine to reform its equality legislation to bring it into line with international and European standards. In a report to the UN Human Rights Committee, a series of 6 workshops and seminars with policy-makers, lawyers and activists and a legal analysis disseminated to Ukrainian parliamentarians and government officials, ERT has called for amendments to the Law “On Principles of Prevention and Combating Discrimination in Ukraine” to address inconsistencies with international and domestic law.

ERT is concerned that Ukraine will lose the momentum of legal reform on equality, as the pressure to amend its legislation in order to comply with the terms of the Association Agreement diminishes. ERT urges Ukraine to continue its efforts to address the problems identified in our legal analysis. ERT further calls on the EU to ensure that equality law reform remains a key priority in any future negotiations with the country.

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