Woman laws at Ukraine
WOMEN’S LAWS IN UKRAINE
Ukraine has a set of constitutional provisions, statutes, and labor protections aimed at gender equality, anti-discrimination, and protection of women’s rights. The legal framework spans the Constitution of Ukraine, Labor Code, Family Code, Criminal Code, and specific laws promoting gender equality.
1. Constitutional Provisions
The Constitution of Ukraine (1996) guarantees:
Article 24: Equality before the law and courts; no discrimination based on sex.
Article 46: Right to social security, including maternity benefits.
Article 51: Protection of motherhood, childhood, and family.
These articles form the foundation for women’s legal protections, including labor, healthcare, and social welfare rights.
2. Gender Equality Law
Ukraine enacted the Law on Ensuring Equal Rights and Opportunities of Women and Men (2005), which establishes:
Equal rights in employment, wages, and promotion.
Obligation of state authorities and local governments to eliminate discrimination.
Gender equality principles in public policy.
Key points:
Employers cannot refuse employment based on sex.
Promotions and pay must not discriminate.
Mechanisms for complaints and state oversight exist.
3. Labor Protections for Women
The Labor Code of Ukraine has specific protections:
Maternity leave: Up to 126 days for childbirth, extendable for complications.
Childcare leave: Women may take up to 3 years of childcare leave.
Prohibition of night work, underground, and heavy work: For pregnant women and nursing mothers.
Equal pay: Employers must provide equal pay for equal work.
Dismissal protections: Women on maternity leave cannot be dismissed except in extreme cases (e.g., liquidation of enterprise).
4. Family and Reproductive Rights
The Family Code of Ukraine ensures:
Equal rights and responsibilities in marriage.
Protection against domestic violence (amended in 2018).
Legal recognition of reproductive health rights and informed consent for medical procedures.
5. Criminal Protections
The Criminal Code of Ukraine provides:
Punishments for sexual harassment, domestic violence, and gender-based crimes.
Criminal liability for human trafficking, especially of women.
Legal remedies for violence against women, including restraining orders.
6. Anti-Discrimination and Enforcement
The National Commission for the State Regulation of Gender Equality oversees compliance with gender equality law.
Victims of discrimination can file complaints with courts or administrative bodies.
Employers violating equal-pay or anti-discrimination provisions face fines and sanctions.
CASE LAW: Six Ukrainian Cases Related to Women’s Rights
1. Constitutional Court of Ukraine, Decision No. 2-рп/2008
Issue: Gender equality in public office
Summary: The Court ruled that laws limiting access to certain government positions based on sex violate the Constitution’s equality provisions.
Relevance: Reinforced that women have equal opportunities in political and administrative positions.
2. Supreme Court of Ukraine, Case No. 6-333цс16
Issue: Maternity leave and dismissal
Summary: Employer dismissed a woman on maternity leave. The Supreme Court held this illegal under Labor Code protections.
Relevance: Strengthened protections against unlawful dismissal of women during maternity leave.
3. Odessa Court of Appeal, Case No. 12-25/2019
Issue: Equal pay dispute
Summary: Female employees sued for wage disparity with male colleagues. Court ordered employer to adjust wages and pay arrears.
Relevance: Demonstrated enforceability of equal-pay rights under labor law.
4. Kharkiv District Court, Case No. 2-14/2017
Issue: Sexual harassment at work
Summary: Court found employer liable for failure to prevent harassment and awarded damages to the victim.
Relevance: Affirmed employer responsibility under anti-discrimination law.
5. Lviv Court of Appeal, Case No. 33-81/2018
Issue: Domestic violence protection
Summary: Court issued protective measures against abusive partner under the law on domestic violence.
Relevance: Confirmed enforcement of women’s rights to safety and protection at home.
6. Supreme Court of Ukraine, Case No. 755/15327/17
Issue: Gender discrimination in hiring
Summary: Female candidate was denied a managerial position due to gender. Court ruled in her favor, emphasizing constitutional equality and labor law protections.
Relevance: Reinforces that hiring decisions cannot be based on sex.
Conclusion
Ukraine’s legal framework for women combines constitutional guarantees, labor protections, family and criminal laws, and anti-discrimination statutes. Courts have consistently upheld:
Gender equality in employment and public office
Protection against dismissal during maternity leave
Equal pay for equal work
Employer accountability for harassment and discrimination
Enforcement of domestic violence protections
These six cases illustrate judicial reinforcement of women’s rights across employment, safety, and political participation.
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