Ms. Aksana Filipishyna: "The carried-out analysis of judgments concerning gender discrimination is extremely important for change of approaches while adopting such decisions by the Ukrainian courts in the future"

27/05/2016 11:15

It was declared by the Representative of the Commissioner for observance of the rights of the child, non-discrimination and gender equality during the presentation of the report following results of the monitoring "Protection against gender discrimination in decisions of the Ukrainian courts" which is carried out by the Kharkiv regional fund "Public Alternative" with assistance of the Ukrainian Parliament Commissioner for Human Rights within implementation of the project "Fair Justice".

In the report which was presented by authors of research the attention was focused that provisions of international documents and the national gender legislation are insufficiently used in the Ukrainian jurisprudence.

Among the main reasons of such situation, according to researchers, there are insufficient ability of representatives of a legal profession, including judges, to identify those cases which in practice lead to gender discrimination and perception by lawyers of international documents concerning ensuring gender equality basically in the form of certain abstract designs which don't provide mechanisms of the solution of real vital disputes. An important factor is also low awareness of the population concerning international standards in the field of protection against gender discrimination.

In the report following results of monitoring his authors suggest to bring, first of all, the national legislation into compliance with the international standards in the field of human rights.

At the same time, it is recommended for courts and judges of Ukraine to use, in particular, sensitive approach while hearing cases, especially that which concern the rights and interests of women, ensuring at the same time realization of full women's access to justice; to introduce an internal assessment of gender sensitivity of judges and the decisions adopted by them; to care for protection of a privacy of the victim of gender discrimination if it is demanded by facts of the case.

While carrying out monitoring 377 lawsuits were analyzed in full.