|SC||Variations of sex characteristics|
|GR1||Legal gender recognition without self-determination|
|GR2||Legal gender recognition with self-determination (over 16)|
|GR3||Legal gender recognition with self-determination (under 16)|
|FPN||LGBTI focal points network|
|CA||Ministerial call to action|
The broadest anti-discrimination law in the Ukraine is the Law of Ukraine on Principles of Prevention and Combating Discrimination in Ukraine (2013, Art. 1).The law defines discrimination in general terms: when individuals are deprived of “recognition, realization or exercise of the rights and freedoms based on race, colour of skin, political, religious and other beliefs, sex, age, disability, ethnic or social origin… or other circumstances”.342While the law does not explicitly include protections for discrimination based on sexual orientation, gender identity and expression, or variations in sex characteristics, these grounds could be included in “other characteristics”.
By virtue of the Law of Ukraine on Education (Art. 3),allcitizens of Ukraine shall have the right to free education in all public educational institutions regardless of their gender, race, nationality, social and economic status, type and nature of their activities, world views, belonging to parties, attitude towards religion, religious conscience, state of health, place of residence and other circumstances. However, discrimination based on sexual orientation, gender identity and expression, or variations in sex characteristics in education is not explicitly covered by the law.
Similarly, the Law of Ukraine on Higher Education (2014, amended 2017, Art. 4) guaranteesthe right to higher education is guaranteed, regardless of age, nationality, place of residence, sex, colour, social or economic status, nationality, language, origin, health status, religion, convictions availability and other circumstances.This is even more inclusive than the Law of Ukraine on Education, as it specifically provides that no one may be restricted in the right to higher education, except in cases established by the Constitution and laws of Ukraine. Based on our review, to date no LGBTQI cases in the Ukraine have been tried under these three anti-discriminatory laws.
There are no national policies or action plans that specifically tackle homophobic, biphobic, transphobic or interphobic bullying or promote LGBTQI inclusion.
Civil society organisations report that it is not compulsory for education curricula to include content on sexual orientation, gender identity and expression, or variations in sex characteristics. Topics such as sex education or human rights education are not taught in secondary schools, as these subjects are not included in the national curriculum subjects list in Ukraine. Furthermore, other topics (i.e. biology, health or social science) do not include affirmative information on sexual orientation, gender identity and expression or variations in sex characteristics.
The National secondary school curriculum for grade 9 for biology covers topic the topic of “Human development and reproduction” (1 lesson, 45 mins) within which students learn about the changes experienced in puberty, primary and secondary sex characteristics, gain knowledge of the process of sexual reproduction and an understanding of pregnancy and birth. Intersex is not mentioned in the inclusion strategy.
The national secondary school curriculum for grades 5-9 for health covers topics “mental and spiritual components of health” and “social component of health”. Objectives of the topic “mental and spiritual components of health” include raising awareness of the uniqueness of the individual, promotion of tolerance, respect for self and others, self-esteem development. Despite diversity and sex characteristics being mentioned, sexual orientation, gender identity and gender expression are not mentioned.
The National secondary school curriculum for grade 11 for social science covers the topic “stereotypes and prejudices”. One of the objectives of the course in general as mentioned in the curriculum is to promote socialisation and active youth inclusion in public life as well as tolerance promotion. However, the importance of tolerance in society in relation to LGBTQI people is not mentioned directly.
There is currently no mandatory teacher training on LGBTQI awareness.
Ukraine previously had legal gender recognition and change procedures which imposed stringent requirements for its applicants. Individuals seeking the surgery were required to endure 30-45 days of observation in a psychiatric institution, and irreversible sterilisation. In 2016, under pressure from the EU, the Ministry of Health revised its policy through a Protocol on Approval and Implementation of Medical-Technological Documents on Standardization of Medical Aid in the Case of Gender Dysphoria.This new system greatly expedites the recognition process for trans people by eliminating forced sterilisation and mandatory in-patient psychiatric observations. However, it still requires divorce and long bureaucratic procedures for those seeking surgery.
Even after a trans person has their gender recognised under Ukrainian law, educational institutions are under no obligation to acknowledge it. As reported by the Inter-Regional Social Movement ‘Russian LGBT Network’, every institution has discretion to determine whether to issue a duplicate diploma or certificate indicating the new gender and name of a person who has changed their gender.
Despite a lack of public funding, Ukrainian LGBTQI civil society organisations have several projects to monitor LGBTQI human rights violations. Bullying and human rights violations data relating to LGBTQI people is collected by non-governmental organisations such as LGBT Human Rights “Nash Mir” (Our World) Centre, All-Ukrainian Organization Gay-Alliance Ukraine, All-Ukrainian Charitable organization Tochka Opory/Fulcrum, No Borders Project – Social Action Center Ukraine, Insight. GAU regional coordinators continue to monitor the situation with hate crimes in different regions of Ukraine. Due to the absence of official statistics, the reports on LGBTQI human rights violations, hate crimes and bullying remain unclear.
Likewise, UNICEF youth initiative U-Report held a global poll on bullying in Ukraine in 2016. According to the results, 5% of respondents claimed to have experienced bullying due to sexual orientation.
Support systems for learners who have experienced discrimination on the grounds of sexual orientation, gender identity and expression or variations in sex characteristics is only provided by non-governmental organisations. In 2016 LGBT Human Rights “Nash Mir” (Our World) Centre and All-Ukrainian Organization Gay-Alliance Ukraine have developed Informational materials and two cartoons on how to act and react on particular cases of discrimination and acts of violence. GAU has also advertised a hotline set up to provide information and support to LGBT people, which was the first such service in Ukraine.
There is no specific information for LGBTQI learners or guidance for the education sector on how to address bullying and harassment against LGBTQI students.
The government provides no support to LGBTQI civil society organisations working in the area of education.
– Ukraine has not signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– Ukraine is not a member of the European Governmental LGBTI Focal Points Network.