20. Rights of women and gender equality
The events of November 2013 – February 2014 make one think about different concepts or rather reconsider them; they bring to life new civil and social movements and new issues and call for critical revision of the existing ones. This statement applies fully to the concept of the women’s rights and gender equality. Social and demographic portrait of the protesters, compiled by the sociologists, shows that among people participating in Maydan 57.2% were male and 42.8% female. Youth activists constituted 38.0%. The level of education proved rather high – 62.7% of the respondents had higher education. The high rate of women’s participation is accounted for by high rate of awareness and socially active position of women, as well as by the urgent need for changes, refusal to live under discrimination and lack of freedom.
It is often repeated that women’s rights and human rights are one and the same. However, this fact is forgotten in everyday dealings and approaches. In 2013 Ukraine still held 64th position in the gender equality rating. Among others, the indicators compared equal opportunities for men’s and women’s participation in the economic development, access to education, health care, decision-making processes and management of public affairs.
As of today, 3 women hold ministerial office and 2 more are deputy ministers within the Cabinet of Ministers’ structure. This is the largest representation of women in the government over the whole period of Ukrainian independence. 4 women head the Supreme Rada committees. Women are better represented in the state power bodies at the local level. They constitute 12 % in the oblast’ councils, 23 % in the raion councils, 28 % in the municipal councils and about 50 % in the village and settlement councils. According to UNIAN data, women constitute over 78% in the public service, formed from the pool of the public servants of the lower levels. At the higher levels of public office the share of women is much lesser.
In March 2013 Ukraine received recommendations for the UN Council for human rights based on the results of the second round reports under UPR procedures, including those addressing the rights of women and gender equality. 2013 was the year of Ukraine’s leadership in the OSCE. It terminated with brutal violations of human rights by the authorities.
Institutional mechanism, legislative initiatives and normative and regulatory provisions. In 2013, after almost three years of temporizing, the State program for promotion of equal rights and opportunities for men and women till 2016 was adopted. The Program envisages all-embracing approach to the promotion of equal rights and opportunities for men and women in Ukraine. The Cabinet of Ministers decided to allocate only 5.897 million UAH for the implementation of the program. 1.3 million UAH should be allocated from the state budget and 1.8 million UAH – from the local budgets. The largest portion of funding is needed for the information and awareness-raising campaign among the employers, to facilitate the implementation of the European standards of equality in the labor sector (641 thousand UAH), organizing information campaigns covering equal sharing of the household chores and raising of children between men and women (874 thousand UAH). Also, the upgrading of the specialists in charge of promoting equal rights and opportunities for men and women (951 thousand UAH) is planned as well as the devising of mechanism for protection against gender-based discrimination and for measures of overcoming this discrimination (1,5 million UAH).
The lack of the State social target program for the promotion of gender equality and the implementation of the administrative reform in 2010 played destructive role in the enforcement of the Law of Ukraine “On promotion of equal rights and opportunities for men and women”. The institute of advisors on human rights and gender equality issues under executive bodies ceased to exist; relevant activities at the national and local levels were not coordinated; the cases of discrimination were not brought to light etc. The last meeting of inter-departmental coordination council took place in June 2010. The institutional mechanism became even weaker, as opposed to the former years, once the reform reached the raions. The changes to the by-laws of the Ministry of social policy, defining its functions in this area were introduced on 27.03.2013.
Another significant problem is created by lack of academic, methodological and analytical support. The State institute for family and youth, State center of social services for family and youth ceased their operation. In fact the methodological support is currently provided by non-governmental and international organizations or various academic entities that do not specialize in the area under discussion. It is definitely not enough.
The inter-fractional association “Equal opportunities” under the Supreme Rada in 2013 split into two associations due to party affiliations of its members – one under the same name and another called “Equal rights”. The “Equal opportunities” association condemned at the political level any anti-gender statements made either by authorities or by representatives of political forces. Women-deputies from other fractions were driven predominantly by political expediency and their party interests, instead of women’s solidarity. Both groups prepared a number of draft laws to counteract women’s discrimination and stipulate gender equality. On October 16, 2013 the parliamentary hearings “Promotion of equal rights and opportunities for men and women. Problems and efficient way of their solving” were held.
In 2013 several legislative initiatives were put forward – some of them supporting women’s rights and implementation of gender equality and others, on the contrary, restricting these rights.
On January 1, 2013 the Law of Ukraine “On public employment” came in force. It contains certain provisions based on gender principles, guaranteeing work places and employment. This is the direct ban on stating candidates’ sex and age in potential employment ads, the expanding of the list of categories entitled to preferential treatment in hiring, reimbursement of the employers who pay uniform social tax for hiring less-competitive workers over one year; specifically this category covers single mothers and others. The Ministry of social policy also came up with a set of initiatives stipulating guarantees for working women and mothers; in particular, providing young mothers with opportunity of free training, upgrading or re-training in the course of 3-years’ maternity leave.
The Law “On introducing changes into some regulatory acts of Ukraine addressing the equality of rights for single mothers and single fathers” (of May 15, 2013) . The Law introduced changes into the Housing code of the Ukrainian SSR, putting single parents in need of housing improvements, into the category eligible for first-priority housing. The changes also had to be introduced into the law of Ukraine “On public employment”, under which the single parents with children younger than 14 or disabled children, cannot compete at the job market. So they were placed under the category of citizens of working age in need of social protection and additional public guarantees in job search. In order to ensure equal treatment of men and women with respect to court protection, the raion, district and municipal courts are obliged to consider the disputes related to refusal of hiring single parents with children younger than 14.
In 2013 the state budget increased the amount of subsidies to be paid to the families with children or low-income families by 21% (i.e. from 33 billion last year as compared to 40 billion this year). The amount of one-time subsidy after birth of a child was increased by 7%. The amount of child-care subsidies to low-income families was increased by 7 %.
In summer 2013 the Law of Ukraine “On introducing changes to the Law of Ukraine “On state social assistance to the children with disabilities and congenital defects“ came in force.
The Supreme Rada of Ukraine passed a draft law on introducing changes to the certain legal acts regulating the elections legislation (¹ 3396), in particular, requesting the defining of minimum ratio in men-women representation in the lists of candidates running for people’s deputies from a party in the nationwide election district. The document prepared for the second reading envisages amendment of article 8 of the Law of Ukraine” On political parties in Ukraine’ with paragraph 10 reading that “the quotas defining minimum ratio of women and men in the lists of candidates running for people’s deputies from a party in the nationwide election district should not be lesser than 30% of total number of candidates on the election list”. These changes launch an important legislative process aimed at enhancing women’s participation in the election process and in the decision-making, in line with the international standards on human rights and international recommendations. Meanwhile the experts from the Women’s consortium of Ukraine sustain that adopted changes are not enough to ensure the increased women’s participation in the elective bodies of the national and local levels, as no implementation mechanisms had been offered and the introduced changes had not been harmonized with other legislative acts regulating election process. No guidelines for balanced presence of candidates of both sexes on the lists or sanctions for non-compliance had been introduced.
The people’s deputies supported the draft law on adding the time spent on 3-years’ maternity leave as part of the total work history. 333 people’s deputies voted for the changes to article 7 of the Law of Ukraine “On compulsory social security for the temporary loss of ability to work and burial-related expenses”. At the same time this law reduced a young women’s competitiveness at the job market to zero, as the employer is obliged to pay social security in the amount of 17% of pregnancy-related payment from the social security fund. As a result, the young women applying for a job are coerced into signing a contract with the obligation not to become pregnant, or offered payment in a closed envelope to avoid the new “pregnancy tax”.
The deputy M.Rudkovsky proposed return to the former retirement age for women, i.e. 55 years, and introduction of changes into the pension-calculating procedures. These suggestions are reflected in the draft law #3380 of October 8, 2013. Women become eligible for pension upon reaching the age of 55 and having work record no less than 15 years. Besides, a proposal to decrease by 10 years the required number of years at work needed for minimum pension for men and women who had lost ability to work.
The draft law proposing the introduction of an honorary title for “fathers raising many children” and other specific definitions into the Law of Ukraine “On state awards of Ukraine” was submitted by the people’s deputies S.Kaltsev and O.Dudka ( #2277à of June 10 ). Since 2004 till now the honorary title of “mother-heroine” has been granted to 115 thousand women.
Another submitted draft law proposed an earlier retirement for women with children. In particular, women with one or more children, raising them till they reached the age of 16, will be eligible for early retirement – 2 years earlier for every child, under condition that they have work record not less than 20 years.
Another draft for the Labor code, devised by the people’s deputies O.Stoyan and Ya.Sukhy, according to expert evaluation can present risks for certain categories of population, women included. E.g. the head of the Free trade-unions confederation M.Volynets points out that under the current labor code single mothers with children younger than 15 can be fired only if an enterprise is liquidated. Under the new code they can be fired just like anyone else.
In 2013 legal and public discussions around the abortion ban continued. This ban, if adopted, can lead to spread of corruption in the medical field, while the number of abortions will only increase. Therefore, the Supreme Rada Committee on legal support for law enforcement rejected the draft law # 2646-1 banning abortions, proposed by the people’s deputies O.Sych, R.Martsynkiv and R. Zenyk. The experts believe that legal abortions ban will lead to the rapid increase in criminally performed abortions, violent deaths of the newborns and growing number of orphans, thus deteriorating demographic crisis even further. The demographic situation can be improved not only by additional obstacles to the interruption of pregnancy (the issue that belongs to moral and ethical, but not legal sphere), but rather by introducing social and economic transformations aimed at life quality improvement in Ukraine. Meanwhile, a draft law enhancing responsibility for performance of illegal abortions has been registered.
Initiative aimed at restricting abortions was condemned by the non-governmental organizations. The women’s Consortium of Ukraine, in particular, points out that this initiative put forward by “Svoboda” association people’s deputies, restricts women’s rights to free and responsible decisions concerning the number of children and time periods between their births, the right to information, education and access to measures which allow them to exercise this right stipulated by the UN Convention on the liquidation of all forms of discrimination against women (p.1, art.16, ratified by Ukraine in 1981) and European convention on protection of human rights and fundamental freedoms.
The Supreme Rada invalidated the requirement concerning age restrictions for women seeking artificial fertilization. The parliament members rejected respective law which established maximum age for women seeking artificial fertilization - 51 years.
The draft law # 2028à, registered on May 16, 2013 proposed banning of advertisements with sexist connotation by introducing changes into the law “On advertising”. The law “On promotion of equal rights for men and women” should be amended with definition of sexism as gender-based discrimination, manifested in dissemination of ideas highlighting the inferiority of one sex and superiority of another, underestimating or creating biased perceptions of one of sexes, stereotyping of notions concerning given sex group. The authors believe that passing of this law will allow expanding the concept of gender discrimination and excluding any manifestations of sexism in advertising.
Information and counseling women’s center and women’s consortium of Ukraine over the year 2013 continued expert evaluations of the draft laws and regulatory acts submitted for the consideration and adoption by the Supreme Rada of Ukraine. The experts uncovered numerous violations of gender equality principle in these documents.
Realization of the principle of equal rights and opportunities for men and women in employment area. Regardless of legally declared equality in remuneration, in real life women usually work at lower-paid positions. Specifically, under the data provided by the State Committee for Statistics, the average monthly wages of women constituted 2660 UAH in 2012, while men’s salaries exceeded 3400 UAH. The experts state that over the entire history of independent Ukraine women’s wages never exceeded 79% of men’s wages. The average pension for women amounts to 1306.62 UAH or only 71.5% of men’s pensions which constitute 1826.57 UAH. In some areas men are paid twice as much as women or even more. For example, an average salary of women in postal services and communications constitutes about 2300 UAH, while men in the same area get 3900 UAH monthly. Female teachers earn less than male teachers. Only 12% of women earn more than 4500 UAH, as opposed to 23.9% of working men. Altogether 43% of Ukrainian teachers earn less than 3000 UAH (while average salary in May 2013 constituted 3338 UAH.) Only 16% of teachers earn more than 4500 UAH.
Employment rate among women is 10%lower than among men. In the first quarter of 2013 the number of working men increased by 150 thousand, while the number of working women decreased by 106 thousand. Between January and July 2013 556 thousand jobless women were registered in the employment centers. The Ministry of social policy sustains that women constitute 55 % of all unemployed.
Young women and women over 45 represent the most disadvantaged groups at the job market in Ukraine. Over 40% of respondents stated that their rights or the rights of their relatives were violated in the hiring process. The research conducted in 2013 by the “League of social workers” NGO confirmed that labor rights are violated rather often. Almost one third of women encountered rejection at the work place due to the birth of a child, pregnancy or need to care for a young child. 50 % were forced to leave due to these factors. Additional breaks for breastfeeding of the infants are practically not allowed at the work places in Ukraine. 87% of young mothers return to work before the end of the three-years’ maternity leave. 60% of young mothers have to return to work due to financial constraints in the family, while 34% want to maintain their professional skills. Taking these figures into account, the Ministry of social policy and State employment office jointly devised a package of initiatives to help mothers with young children. A year out of 3-years’ leave can be claimed at any time till the child reaches the age of 8. Women can interrupt their maternity leave and use it later, for example, when a child is to get ready for school. The initiatives also include incentives for the employers that offer long-distance jobs to young mothers. Annually 120 thousand young mothers return to work. Up to 50 thousand women cannot do the same as they are discriminated by employers. The research demonstrates that 14% of 340 thousand women taking maternity leave cannot retain their prior position. The employers claim that these women cannot work full time at their prior positions and switch them to the lower paid part-time jobs. Others find it easier to let them go. Those who manage to get back find it difficult to be promoted, to pursue their career, thus increasing the gap between men’s and women’s salaries. The survey showed that more than one fourth of mothers were not fully aware of their rights. More than one fourth were denied flexible schedule at their work place.
The employers discriminating against potential employees in the hiring process (on the basis of age, sex etc.) are likely to be fined. “The Ministry of social policy devised a viable mechanism for holding faulty employers responsible for their failure to keep in line with the requirements towards job ads. After its adoption the Ministry of labor officials will have the necessary levers of influencing the violators”– stated Minister of social policy N.Korolevska. State labor inspection will be vested with authority to check the compliance with the requirements and, in cases of infringements, to penalize the employers responsible for the advertisement. These latter will have to pay fine of 11 470 UAH. The employment site reads: “according to the changes introducing to the law #5067-VI "On public employment" of 05.07.2012, starting January 1, 2013 the job ads shall not state the AGE of candidates or offer jobs for MEN or WOMEN only. The advertisements proposing work abroad should quote relevant license. The ads with stated age and sex of potential candidates and ads without reference to license will be removed. 
While preparing this report the authors have found on employment site a lot of ads stating the sex of potential candidate. It means that the laws have not been enforced so far.
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Women are discriminated in the military too. The number of positions available for women in the army is limited and no vacancies are available. That is why the girls wanting to serve in the army are refused in the recruitment centers. “If you are lucky enough to have been born a man you have to be proving your real masculinity to the members of members of other half of mankind, who, luckily, have been born women, for the rest of your life. And what is the better way to do so, if not serve in the army under tough conditions” – deliberates I.Zakrevsky.
Gender stereotypes. Gender stereotypes concerning role and place of women are common in Ukrainian society. In 2013 Parliament speaker V.Rybak became (in)famous for his discriminatory utterances: – “ Hit your own wife on the head!”. Same applies to the patriarch of the Russian Orthodox Church Kyryl, who is certain that feminism is quite a dangerous phenomenon. He stated his position speaking to the delegation of all-Ukrainian public organization “Orthodox women’s union”. “Feminism draws a woman away from her major role, i.e. being wife and mother”; “the feminist ideology is focused not around family and children raising, but around different functions of women, often opposed to family values”.
New social movements triggered by protests and Maydan led to the increase in women’s activity. “Half of Maydan” movement, formation of a women’s unit(“sotnya”), self-defense training for women, permanent women’s counteraction to the violations of human rights and complications women face in their everyday life became women’s response to the discrimination within the framework of nationalist movement.
Violation of men’s rights in the families. Almost half a million children in Ukraine are growing up in the incomplete families, with only their father present. Recently the fathers taking care of their children were granted the same privileges as single mothers, specifically the right to preferential treatment in obtaining new housing. This right, however, remains a mere declaration, as no one is given new apartment in real life.
Health care. Due to the on-going health care reform neither men nor women can receive high quality services in the medical area and, consequently, are denied the opportunity of exercising the rest of their rights. Our former reports stressed that women in rural areas and Roma women have almost no access to medical services; closing of first aid centers serving the villages deteriorated the situation with medical services for women. No improvements occurred in 2013. Media report instances of death of mother and child due to negligence and medical errors of the physicians. In particular, it happened in Vinnytsya in July 2012, in Odessa in July 2012 and April 2013, in Donetsk oblast’ in June 2013 and in Lviv – in October 2013.
The issues of reproductive health need urgent attention as well. For one, the cases of male infertility are becoming more and more common in Ukraine. 15% of population cannot conceive, due to both male and female infertility. About 1 million couples in Ukraine do not have children. Statistical data show that over 70% of all cases are accounted for by female infertility, while the rest – by male infertility. Discrimination is manifested in the fact that while women have OBGYN out-patient clinics and family planning centers, men have no place to get advice. Over 4.5 thousand women yearly need special treatment under the state program. In Kiev at least 300 couples annually need supportive reproductive technologies, but “lamentably, the funding is not sufficient”.
Gender differences in the causes of male and female morbidity are not taken into account in the health care programs. Men in Ukraine die from the external causes three times more often than women. About 70% of poisonings in Ukraine are those caused by alcohol, and deaths number from this cause is on the increase. Accidents, injuries and poisoning cause death of 40 thousand persons every year; about 70% of the deceased were in working age. According to the Ministry of health the gender differences in morbidity statistics are very significant – morbidity rate for males of 16-59 is almost three times higher than the same indicator for women, while the rate of death caused by external causes is almost 5 times higher among men. 
Gender education. The content analysis of the gender-related courses in comparison with subject localization is a good indicator of the gender approach integration. The analysis shows that in gender-related courses social and cultural disciplines prevail– 25 %, pedagogical disciplines – 22.4 %, political sciences – 14.3 %. 10.2 % of total number of such courses are localized within the field of psychology, 8.7 % – of philosophy, 2.6 % – linguistics. Journalism, economy, law and cultural studies are not represented sufficiently. Theoretical and methodological materials on gender-related topics have been published in 102 higher educational establishments, mostly in Donetsk and Kharkiv oblast’s – 12 and 8 handbooks respectively. 12 education and research centers operated under the auspices of higher educational establishments in 9 regions and oblast’s of Ukraine, i.e. A RC, Vinnytsya, Zhytomir, Transcarpathian, Zaporizhzhya. Luhansk, Sumy, Kharkiv oblast’ and Kiev. So currently the academic knowledge of gender issues, aimed at exploring men and women as their subject, their role and characteristics of relations, is strictly systematized. The institutionalization of gender issues within the academic system contributes to their establishment as an area of scholarly research. The higher education institutions regularly conduct a competition of undergraduates’ and postgraduates’ essays on gender issues; the handbooks “Basics of gender theory” and “Gender and us” have been published; gender studies groups have been set up and are operating. The individual programs have been developed and implemented.
Public service of Ukraine as an executive power body with special status organizes and coordinates professional training for public servants and local self-governments officials. In 2014 the upgrading courses on equal rights for men and women will be introduced: the training will embrace over 1.5 thousand officials each year. Curricula and courses’ calendar plans have been developed. Professional permanent and short-term seminars will include modules and topics covering promotion of gender equality. Public service developed training modules for the introduction of gender policy standards in public service and in the local self-governance bodies, which has been approved by the learned council of the National Academy for State Governance under the President of Ukraine.
In 2013 “Ukrainian women’s foundation” and “La Strada-Ukraina” Center compiled and published a handbook on gender policy for Ukrainian public servants – “TOP 10 of gender policy”. Members of Gender strategic platform, Committee of the Supreme Rada for human rights, ethnic minorities and inter-ethnic relations participated in this edition. 2000 copies of the handbook were printed.
Protection against discrimination. Over the years 2010–2011 “La Strada-Ukraina” Center has been monitoring strategic case in which Prime Minister of Ukraine faced the charges of gender discrimination. The court system of Ukraine, however, did not classify sexist statements of the Prime Minister as discriminatory. Sexist utterances of high Ukrainian officials are rather common, even regular. The decision was made to submit a complaint against systemic discriminatory statements with respect to women, made by high officials. In summer 2013 3 organizations - “La Strada-Ukraina” Center, Women’s information and counseling center and Western Ukraine Center “Women’s perspectives” – filed the complaint with the UN Committee on ending discrimination against women. The petitioners pointed out the systemic violations of articles 1, 2 (pp. b, c, d, e), 5 (a), 7 (b), 11 (b, c, d) and asked the Committee for due investigation in compliance with article 8 of the Facultative protocol to the UN convention on liquidation of all forms of discrimination against women.
Monitoring. “La Strada-Ukraina” Center keeps collecting and filing complaints on gender-based discrimination. The organization started this activity in 2012. Dozens of complaints on discrimination in advertising were sent to the center’s address firstname.lastname@example.org The majority was sent in the form of complaints to the Expert board for consideration of facts o gender-based discrimination. Traditionally twice a year “La Strada-Ukraina” Center and Women’s information and counseling center awards specific artifacts with “gender balance” prize: initiatives, actions, processes, TV programs and video-clips, studies promoting gender equality and social transformations aimed at full realization of equal opportunities’ principles. An “anti-award” “Poison of the season” is granted to those who promote, disseminate and support the obsolete gender stereotypes and sexist humiliating approaches.
The Expert Board for the consideration of facts of gender-based discrimination continued its operation under the Ministry of social policy. “La Strada-Ukraina” Center together with the Ministry of social policy, Kharkiv National University of Internal Affairs and Gender strategic platform prepared, edited and disseminated a publication “Organization and expertise of the Expert board for consideration of facts of gender-based discrimination”.
It is aimed at familiarizing the public with the mechanism of counteracting gender-based discrimination with the goal of its active use.
Conclusions. Lack of women’s representation in the decision-making process contradicts the principles of democratic development and manifests gender inequality in Ukraine. Job ads are full of sexist requirements. New restrictions are established for women’s employment; openly discriminatory normative documents are passed. Double burden carried by women who work both in social sector and in their own households has not been alleviated. The house-keeping chores are neither appreciated nor remunerated. Forced maternity leave is caused by lack of appropriate infrastructure of pre-school institutions and leads to women’s disqualification, decrease of their competitiveness in the job market, lack of awareness or knowledge with respect to their labor and social rights. Judicial and other mechanisms for the protection of women against discrimination are not viable. These issues should be kept in mind in the development of new state programs.
1.The mechanisms of balanced representation of men and women should be applied not only in the Supreme Rada, but also in the councils of all levels. The Supreme Rada should encourage further discussion on gender equality and support the draft laws 3411, 3411-1, 3411-2, their finalizing, public hearings on them, voting for the proposed norms.
2. Gender education from the pre-school age and gender education for the adults should be implemented.
3. New advisors on human rights and gender issues should be trained. Efficient system of permanent learning and upgrading of public servants at all levels should be introduced. The gender equality training should become compulsory for the judges.
5. Gender legal evaluation of the draft laws submitted by the deputies for the Supreme Rada considerations should be done. Persons responsible for it should be appointed from the Chief scientific-expert directorate. Ministry of justice of Ukraine should conduct the compulsory gender legal evaluation of the draft laws submitted to the Supreme Rada by the Cabinet of Ministers.
6. Subsidies and preferential treatment should be offered to the employers who create favorable conditions for professional integration.
7. Incentives and support should be given to the kindergartens of the new-type, allowing parents to work and care for their children.
8. Programs and plans should reflect the proposals of international organizations and UN conventions.
 Prepared by “LaStrada –Ukraine” Center – K.Levchenko
 The face of Euromaydan (social portrait of protesters) infolight.org.ua
 Óêàç Ïðåçèäåíòà Óêðà¿íè 27 áåðåçíÿ 2013 ðîêó ¹ 164/2013: zakon4.rada.gov.ua
 wcu-network.org.ua, berdichivnews.com.ua
 www.google.com.ua ; www.google.com.ua ; www.google.com.ua ; www.google.com.ua òà ³í.
 Details of initiative and its outcomes can be found at gender digests: www.la-strada.org.ua, as well as on “La Strada-Ukraina” page on facebook: https://www.facebook.com/media/set/?set=a.364818283595262.83952.269875056422919&type=3
 More information here - empedu.org.ua
 Details of initiative and its outcomes can be found at gender digests: www.la-strada.org.ua, as well as on “La Strada-Ukraina” page on facebook: https://www.facebook.com/media/set/?set=a.364818283595262.83952.269875056422919&type=3