Issue: № 12, 2023
Doi: https://doi.org/10.37634/efp.2023.12.1
The paper examines the international and national system of normative legal acts, the concept of discrimination based on gender, and how exactly the rights of women and men are interpreted from the standpoint of equality. It is highlighted how the specifics of women and men are considered in the texts of these documents. It has been established that. the problem of creating effective international and national legislation aims to provide everyone, regardless of gender, with opportunities to participate in political, labor, social, cultural life, and access to material goods. It was with the desire of Ukraine to join the European Union and the implementation of European legislation into the national one that the range of rights and opportunities for women in Ukraine expanded significantly. The greatest attention is paid to guaranteeing the legal protection of women's rights, regarding quotas and promotion, labor and social rights, ensuring the right to education and comprehensive development, etc. It is necessary to note that the main problem highlighted in these acts is due to the biological status and superiority of men. It was concluded that it is necessary to consider legislative acts at the level of European legislation, which are based on the natural characteristics of a person, and to provide an analysis of national legislation regarding discrimination based on gender. Therefore, providing equal opportunities to every member of society (regardless of gender), guaranteeing the free development of the individual, respecting the honor and dignity of women on an equal basis with men are the requirements of the time, especially for the democratic, legal, social state that Ukraine aspires to become. The term "discrimination" comes from the Latin word discriminatio (distinction) and means limiting or depriving certain categories of citizens of their rights and opportunities on various grounds: race or nationality, gender, social origin, political views, etc. There is an urgent need to fill this gap and comprehensively consider issues related to the status of women in society from a fundamentally new point of view, namely from the point of view of the functioning of a single and integral mechanism for ensuring women's rights.
Keywords : discrimination, rights of women and men, equality, legislative acts of Ukraine, international legal acts
References:
1. Leontieva L.V. women's rights and legal guarantees of their protection in Ukraine (theoretical and legal aspects): diss. ... PhD in legal sciences: 12.00.01. Kharkiv, 2005. 189p. (in Ukrainian).
2. Leontieva L.V. Women's rights and legal guarantees of their protection in Ukraine: monograph. Kharkiv, 2009. 212 p. (in Ukrainian).
3. The Convention on Discrimination in the Field of Work and Occupations dated June 24, 1975. URL: https://zakon.rada.gov.ua/laws/show/993_161#Text (in Ukrainian).
4. Yankovets I.V. Discrimination and the institutional mechanism of overcoming it in Ukraine: thesis... Doctor of Philosophy in Law. Odesa, 2020. URL: http://dspace.onua.edu.ua/bitstream/handle/11300/14440/Dysertatsiya%20Yankovets.pdf?sequence=4&isAllowed=y (in Ukrainian).
5. Universal Declaration of Human Rights dated December 10, 1948. URL: https://zakon.rada.gov.ua/laws/show/995_015#Text (in Ukrainian).
6. Charter of Fundamental Rights of the European Union dated December 7, 2000. URL: https://zakon.rada.gov.ua/laws/show/994_524#Text (in Ukrainian).
7. European Convention on Human Rights dated November 4, 1950. URL: https://zakon.rada.gov.ua/laws/show/995_004#Text (in Ukrainian).
8. On the implementation of decisions and application of the practice of the European Court of Human Rights: Law of Ukraine dated 23.02.2006 No. 3477-IV. Date of update: 12/02/2012. URL: https://zakon.rada.gov.ua/laws/show/3477-15#Text (in Ukrainian).
9. Constitution of Ukraine: Law of Ukraine dated 28.06.1996 No. 254k/96-В. Date of update: 01.01.2020. URL: http://zakon1.rada.gov.ua (in Ukrainian).
10. On the principles of preventing and countering discrimination in Ukraine: Law of Ukraine dated September 6, 2012 No. 5207-VI. Date of update: 05/30/2014 URL: https://zakon.rada.gov.ua/laws/show/5207-17#Text (in Ukrainian).
11. On ensuring equal rights and opportunities for women and men: Law of Ukraine dated September 8, 2005. No. 2866-IV. Date of update: 08/03/2023 URL: https://zakon.rada.gov.ua/laws/show/2866-15#Text (in Ukrainian).