US State Department’s Signal: Support for Ukraine Directly Linked to Progress in Human Rights
30.04.2024
The synchronicity of the US State Department's human rights report on Ukraine and the Senate's approval of additional funding for our country on the same day is not just a coincidence.
As Sviatoslav Sheremet, an expert of the National LGBTI Consortium, aptly notes,
“I don’t believe in coincidences in high political spheres. The synchronicity of the American legislative decision to aid Ukraine and the publication of the American report on Ukraine is a signal that, in the context of receiving large-scale assistance from the US, Ukraine should heed the conclusions contained in the report.”
And these conclusions are pretty telling. The report, published by the US State Department’s Bureau of Democracy, Human Rights, and Labor, clearly points to many issues, with the first being the unsatisfactory access of LGBTQI+ people to medical services, particularly in the area of reproductive health.
The report states that the cause of problems in this area is anti-LGBTQI+ attitudes or lack of experience interacting with people from LGBTIQ+ communities.
“It follows that reforming legislation on assisted reproductive technologies and changing attitudes towards LGBTIQ+ in this field is more timely than ever,” emphasizes Sviatoslav Sheremet.
Suppose Ukraine wants to continue to rely on US support. In that case, it must ensure equal access to fundamental rights and services for all citizens. This year, the government should submit a new bill on ART [assisted reproductive technologies] to parliament. The Ministry of Health has been tasked with drafting this bill. The task of our communities is to ensure that assisted reproductive technologies in Ukraine are accessible to LGBTIQ+, but also to military personnel and their family members. The challenges in the field of demographic and family policy are what unite society, especially in an era of significant human losses due to prolonged military actions on our land.
The same story applies to the investigation of hate crimes and combating discrimination.
“Once again, this signifies the need for an urgent vote by the Rada to adopt Bill #5488 in the first reading,” the expert emphasizes.
Parliament must finally do its job and adopt this critical document. At the same time, ensure proper accountability for those who threaten or harm LGBTQI+ communities or organizations created by LGBTIQ+. It should be recalled that the government’s Bill 5488 proposes to add intolerance on the grounds of sexual orientation and gender identity to the number of grounds that aggravate responsibility for crimes in the criminal code. So far, such grounds include religious, national, and racial intolerance.
The State Department report also underscores that “marriage equality has not gained legal recognition.” And although now, under martial law, this issue is “not timely” (since the Constitution cannot be changed under these conditions, and the “marriage formula” is contained precisely in the Basic Law), Sviatoslav Sheremet is convinced:
“Are the prospects for marriage equality realistic for Ukraine? Yes, they are. If the US has achieved marriage equality, why can’t Ukraine? However, this is possible only after achieving certain national goals in resisting the armed aggression of the Russian Federation because only after this will we as a country be able to undertake the improvement of the foundations of the constitutional order. At present, our path is the adoption of legislation on the recognition of civil partnerships between persons of the same documental sex, and there are tens if not hundreds of thousands of such partnerships in Ukraine. The law on registered civil partnership does not require changes to the Constitution.”
However, even in the problematic situation with human rights for LGBTIQ+, there are also positive aspects. The State Department notes symbolic steps of solidarity by some ministries, which from year to year show solidarity with LGBTIQ+ during Global Pride Month (annually in June), as well as the improvement of public perception of LGBTQI+ according to sociologists.
“Citing positive figures is a signal for individual state institutions, as it destroys their prejudices on the path to legislative innovations,” Sviatoslav Sheremet concludes.
In addition to signals from our strategic partners, such as the US, it is also essential to study the experience of countries that have already gone through the path of reforms in the field of LGBTQI+ rights. The Czech Republic is one of the freshest examples. They have just passed a law that gives same-sex couples the right to joint property, inheritance, and adoption of a partner’s children. Although this is not full marriage equality, it is a significant step forward.
The Czech Republic shows that expanding LGBTQI+ rights is possible step by step. There is already Bill №9103 in Ukraine on civil partnerships – the first step. Next, as in the Czech Republic, we plan to move towards marriage equality.
However, the most important lesson we can learn from the example of the Czech Republic is the importance of political will for change. The law was passed by parliament, and the president of the Czech Republic openly supported same-sex marriages. Therefore, it is now critically important in Ukraine to work with deputies and government officials to support Bill №9103 on civil partnerships. This means regular meetings, information campaigns, public appeals, expert support, and advocacy in Rada committees.
At the same time, we must communicate with society, explaining the benefits of this law. The Czech Republic has proven that LGBTQI+ rights can be expanded if there is a demand from the people and the will of politicians. And Ukraine is also capable of this. Our strategic partners are giving us hints, and neighboring countries are showing an example. So, we will do everything to ensure that equality, non-discrimination, and dignity become a reality for all citizens of Ukraine.
And let’s return to the US. So, Ukraine wants to continue to feel the shoulder of support from its strategic partner. In that case, our institutions must listen to the messages from the State Department. These messages are unambiguous: reforms in the areas of protection and guarantee of human rights, particularly human rights for LGBTQI+, must continue. Because the Ukraine we are fighting for is a country of equality and non-discrimination, as inscribed in the Euro-Atlantic coordinate system.
News
