At the Crossroads of Rights: Where is Ukraine Heading in the Global Context of LGBTIQ+?
26.09.2024
The world continues to engage in an active debate on human rights and their universality.
Recent events in various countries vividly demonstrate how diverse approaches to LGBTIQ+ rights can be, particularly in the judicial system and political sphere.
The tragic incident in Georgia – the murder of transgender woman Kesaria Abramidze – occurred against the backdrop of the adoption of a transphobic law, a carbon copy of the Russian ‘law’ on ‘banning LGBT propaganda’.
In contrast, Thailand demonstrates a progressive approach, legalising same-sex marriages as the first country in Southeast Asia.
Slovakia also presents an interesting example. On one hand, the country actively supports Ukraine and its military. The President of Slovakia, Zuzana Čaputová, noted:
‘We have seen a change in rhetoric concerning the government and the president, but in practical steps, Slovakia continues to help Ukraine’.
On the other hand, a recent incident in the Slovak parliament demonstrates that the issue of LGBTIQ+ rights remains contentious. The Vice President of the National Council of Slovakia, Andrej Danko, expelled a deputy from the chamber due to stickers on her laptop, including LGBTQ symbolism. He stated:
‘There’s a rainbow, there’s LGBTI-themed content, there are stickers advertising companies’.
This incident sparked outrage among progressive political forces. Michal Šimečka, the leader of ‘Progressive Slovakia’, responded:
‘This is such an incredible disgrace… He arbitrarily and in violation of regulations persecutes our colleague and constitutional official just because he personally doesn’t like the rainbow flag and has issues with queer people’.
Against this backdrop, Ukraine is taking important steps towards protecting LGBTIQ+ rights through its judicial system. Sviatoslav Sheremet, an expert from the National LGBTI Consortium, draws attention to recent changes in the Code of Judicial Ethics:
‘From now on, “A judge must respect human dignity, which is the source of all human rights and freedoms and their foundation. A JUDGE, WHILE ADMINISTERING JUSTICE, MUST NOT ALLOW DISCRIMINATION ON THE GROUNDS of race, colour, political, religious and other beliefs, sex, GENDER IDENTITY, SEXUAL ORIENTATION, ethnic and social origin, property status, health condition, place of residence, linguistic and other characteristics AND MUST NOT ALLOW OTHERS TO DO SO”.’
This change is a significant step forward in recognising and protecting LGBTIQ+ rights at the judicial system level. It puts Ukrainian judges on par with the most progressive legal systems in the world, where protecting LGBTIQ+ rights is a priority.
Despite progress in one area, Ukraine still faces challenges in others. Transgender people continue to face discrimination, and transphobic statements are heard even at high political levels. This creates additional pressure on the judicial system, which must ensure justice in conditions of societal contradictions.
Global statistics remain alarming: last year, 320 murders of transgender people were recorded. This problem requires not only legislative changes but also increased competence of judges in cases related to LGBTIQ+.
In the context of Ukraine’s European integration aspirations, the protection of LGBTIQ+ rights in the judicial system takes on particular significance. Member of the Council of Judges of Ukraine Yehor Krasnov emphasises:
‘In the context of negotiations with the European Commission, especially regarding Chapter 23 “Justice and Fundamental Rights and Freedoms”, the topic of ethical, responsible, and effective justice brings us one step closer to joining the European Union’.
The global ‘war’ for human rights and values demonstrates a diversity of approaches to LGBTIQ+ rights. From tragic events in Georgia to progressive changes in Thailand, from controversial situations in Slovakia to gradual reforms in Ukraine – each country is on its own path in recognising and protecting LGBTIQ+ rights.
Ukraine, aspiring to European integration, is taking important steps towards inclusivity, particularly through reforming its judicial system. The new provisions in the Code of Judicial Ethics regarding non-discrimination based on gender identity and sexual orientation are a significant achievement. However, as the experience of Slovakia shows, even EU member states can face internal contradictions on LGBTIQ+ rights issues.
The National LGBTI Consortium continues its work, understanding that changes in legislation are just the beginning. Ahead lies the complex task of transforming public consciousness and overcoming prejudices. We strive for Ukraine to become a country where human rights do not depend on SOGI characteristics.
In this context, the role of the judicial system becomes key. It is the courts that can and should become the last bastion of protection for LGBTIQ+ people’s rights, especially in conditions of societal contradictions and political challenges. Therefore, our efforts are aimed at increasing the competence of judges in cases related to SOGI and forming a culture of respect for diversity in the judicial system.
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