Sex discrimination is one of the most pressing issues in modern society. It manifests as the restriction of the rights and freedoms of individuals or groups based on their sex, which can affect both women and men. According to Ukrainian legislation, sex discrimination is prohibited, and victims have the right to protect their rights. This article discusses the legal framework surrounding sex discrimination, the available mechanisms for victims’ protection, and how to respond to incidents of discrimination.
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Definition of sex discrimination
According to the Law of Ukraine “On the Principles of Prevention and Combating Discrimination in Ukraine,” sex discrimination is a situation in which an individual or group of individuals faces restrictions in the realization of their rights, freedoms, or privileges based on their sex, even if these characteristics are actual or assumed. This restriction can be both overt and subtle, affecting various aspects of life, including employment, education, and healthcare.
The law defines that sex discrimination is prohibited and has no right to exist, except in cases where restrictions have an objectively justified purpose and are necessary to achieve that purpose.
What to do if you are a victim of discrimination
When a person encounters sex discrimination, they have the right to seek help and protection. Ukrainian legislation provides several options for victims:
The first step a victim can take is to file a complaint or report directly to their immediate supervisor or, if necessary, to a higher-ranking official. The complaint should include essential information such as: the time and place of the incident, the circumstances under which the discrimination occurred, the presence of witnesses, and the person who committed the discriminatory act.
After the complaint is filed, the organization’s leader is obliged to initiate a disciplinary process, which involves creating a disciplinary commission to review the case. As a result of the investigation, the severity and nature of the violation will be determined, and appropriate measures will be taken, ranging from disciplinary penalties to dismissal.
If internal investigations do not produce results, the victim has the right to appeal to government bodies, local authorities, the Ukrainian Parliament Commissioner for Human Rights, or the courts, in accordance with the applicable law.
If justice cannot be achieved at the national level or if the process is delayed, victims can turn to international bodies. For example, women who have experienced discrimination can submit a report to the UN Committee on the Elimination of Discrimination against Women.
Victims of discrimination are entitled to compensation for material damages as well as moral harm caused by discriminatory actions. Moral harm is compensated regardless of the size of the material damage.
Where to seek help
There are several hotlines and organizations that victims of sex discrimination can contact for assistance:
- National Police of Ukraine: 102
- Hotline for victims of human trafficking, domestic violence, and sex-based violence: 1547
- National hotline for preventing domestic violence and gender discrimination: 0800 500 335 or 116 123 (from mobile)
- Free legal aid hotline: 0 (800) 213 103
Liability for violating legislation on equal rights and opportunities for women and men
Individuals found guilty of violating the legislation on equal rights and opportunities for women and men are subject to various forms of liability:
- Civil liability — for damages caused by the violation of rights,
- Administrative liability — for violating legal norms,
- Criminal liability — in cases of serious violations that may result in criminal consequences.
Sex discrimination is a serious violation of human rights that carries legal consequences. Ukrainian legislation provides comprehensive avenues for protecting individuals who have been victims of such discrimination and ensures effective mechanisms for addressing rights violations. It is important to remember that everyone has the right to equality, dignity, and justice, regardless of sex.
