Monitoring of the reforms progress based on the analysis of the implementation
of the recommendations of sectoral analytical brief for URC 2021
Section 1. Monitoring of the implementation of recommendations on reform priorities for 2020 - May 2021
Agenda "Women, Peace, Security"
1. To add new target groups to the process of development of the National Action Plan 1325 for the period of 2021 and the implementation, monitoring of the agenda "Women, Peace, Security". Such new target groups should include widows, veterans, IDPs, wives of veterans, women victims of torture, women prisoners and women members of the families of prisoners, etc.
The plan includes measures to support women affected by the military conflict. The drafting of transitional justice bills addresses compensation to victims of conflict-related sexual violence.
The threats concern obtaining the status of the family of the deceased for wives whose husbands died in the war (various wars). The problem is that a woman and a child from the age of 16 must confirm the status of the family of the deceased (participant in hostilities) every year, which requires getting certificates that now do not even have a form and there is no place to get reliable information: certificate that a woman has not yet given birth to children (during this period), that the woman has not remarried. While the children of the deceased that have reached the age of 16 must provide a certificate that they are not married and have not given birth to children.
2. To introduce systematic training on the agenda "Women, Peace, Security" for representatives in industry and local institutions, training centers for professionals and managers at various levels of government.
The tasks of building the institutional capacity of the security and defence sector of Ukraine in relation to gender policy specialists; improving the crisis management process in multinational military and peacekeeping operations to maintain peace and security through a gender component were included to The Government's Priority Action Plan for 2021 (decree of the Cabinet of Ministers of Ukraine of March 24, 2021 № 276-r).
3. To adopt amendments to the legislation on the prevention, protection and counteraction of sexual violence related to the conflict.
The Draft Law № 2689 on amendments to some legislative acts of Ukraine regarding the implementation of norms of international criminal and humanitarian law was adopted in the second reading on May 20, 2021. The draft law amends the Criminal Code of Ukraine, including Article 438. It refers to war crimes against the persons that, in particular, are the victims of sexual violence related to international armed conflict or non-international armed conflict against a person under the protection of international humanitarian law (§ 8), rape, sexual exploitation, coercion into prostitution, forced pregnancy, forced sterilization or any other form of sexual violence; as well as Art. Article 4421 that refers to the crimes against humanity, which, in particular, include (paragraph 4) rape, sexual exploitation, coercion into prostitution, forced pregnancy, forced sterilization or any other form of sexual violence.
The draft law was submitted to the President of Ukraine for signature (at the time of preparation of the monitoring on June 28, the law has not been signed yet).
4. To ensure the inclusion of the gender component in the strategy of regional development for the period 2021-2026.
State strategy for regional development for 2021 - 2027 approved by Resolution of the Cabinet of Ministers of Ukraine of August 5, 2020 № 695 contains Operational Objective 5 of Strategic Objective III "Development of effective multilevel governance" of the State Strategy for Regional Development for 2021 - 2027 "Ensuring equal rights and opportunities for women and men, preventing and combating domestic violence and discrimination".
The Draft Law 5323 of 01 April 2021 On Amendments to the Law of Ukraine "On Principles of State Regional Policy" was accepted in the first reading. The Clause 3 contains the provision "Development of regional development strategies is based on needs assessment of stakeholders in the region, gender impact assessment, as well as taking into account the development needs of certain types territory of the region and territorial communities".
5. Ensure implementation and monitoring of state building codes "Inclusiveness of buildings and structures".
Requirements for the inclusiveness of buildings and structures are included in the draft National Strategy 2030, which is currently being developed, as well as The Government's Priority Action Plan for 2021 included the development of regulatory frameworks for monitoring the inclusiveness of residential and public facilities, taking into account the gender aspect.
6. To include a gender component in the resolution of the Cabinet of Ministers on methods of forming capable territorial communities.
7. To ensure full implementation of the orders of the Ministry of Finance of Ukraine on GBB. To analyze the legislation on local self-government and include the consideration for the gender component in the elaboration of local development programs in villages, settlements, city councils.
The Department of Policy on Intergovernmental Relations and Local Budgets of the Ministry of Finance recommended that administrators include the gender component in the characteristics of the budget program by defining its objectives and relevant indicators.
The gender component is included to the National Economic Strategy for the period up to 2030.
8. To ensure the effectiveness of the gender quota in terms of replacing a candidate for the MP position with a candidate of the same sex in case of cancellation of his/her registration and the order in the lists at elections at all levels.
After the local elections, there were cases when women relinquished their seats and were replaced by men.
9. To reduce the election deposit.
10. To restore the amount of financial incentives for parliamentary parties that promote a more balanced representation of women.
11. To amend the Law of Ukraine “On Political Parties in Ukraine” on defining the areas of use of public funding by adding the promotion of gender equality.
The draft law on Amendments to the Law of Ukraine "About political parties in Ukraine" on the improvement of the legal regulation of the financing of the activities of political parties does not contain such a recommendation. Venice Commission also recommended further delineation of the powers of the supervisory authorities in terms of monitoring party finances and ensuring gender equality in the sphere of political parties.
12. To prevent limiting the existing rights and guarantees for employees, while developing the reform of labor legislation in Ukraine; to take into account the principle of equal rights and opportunities for women and men. To identify women's economic empowerment as one of the priorities for the reform.
Project Law 5371 on amendments to some legislative acts to simplify the regulation of labor relations in the field of small and medium enterprises and reduce the administrative burden on entrepreneurial activity
13. To provide legal instruments that will promote the implementation of the principle of equal pay for work of equal value.
According to the Order of the Cabinet of Ministers of December 16, 2020 № 1578-r "On approval of the action plan for the implementation of the Government of Ukraine's commitments under the Biarritz Partnership for Gender Equality", Ukraine has joined the International Coalition for Equal Pay.
14. To ratify the conventions of the International Labor Organization No.171 (On Night-Time Work), № 183 (On Maternity Protection), No.189 (Convention on Domestic Workers), № 190 (On Combating Violence and Harassment in the Workplace), harmonize national legislation with them, take measures to denounce Convention No.45 (On the Prohibition of the Work of Women in Underground Work).
15. To regulate the legislative provision of labor safety in the face of difficult, harmful and dangerous working conditions, as well as conditions of increased risk to life and health.
16. To integrate the EU Directive "On work-life balance of parents and guardians" into legislation.
The Parliament settled legal provision of regulation concerning remote, home-based work and work with the use of flexible working hours.
17. To dopt a draft law on amendments to some legislative acts to ensure equal opportunities for mother and father to care for a child (No.3695 dated 19 June 2020).
The Law of Ukraine 1401-IX on the modification of some legislative acts of Ukraine concerning maintenance of equal opportunities of mother and father in care of the child was accepted.
18. To take into account the gender component, the principles of non-discrimination, eliminate stereotypes about women and men in the development of:
state standards of preschool, vocational, basic and specialized secondary, higher education, adult education and relevant educational programs;
professional standards in education.
19. To adopt:
strategy for gender equality in education;
provisions on anti-discrimination examination of educational content and educational space;
a comprehensive action plan of the Ministry of Education and Science of Ukraine (hereinafter -MES) to fulfill obligations under international documents and platforms in the field of gender equality.
According to Order of the Cabinet of Ministers of December 16, 2020 № 1578-r "On approval of the action plan for the implementation of the Government of Ukraine's commitments under the international initiative" Biarritz Partnership for Gender Equality ", the Ministry of Education and Science in 2021 plans to develop and approve:
Strategy for the introduction of gender equality in the field of education until 2030 and the Plan for its implementation,
regulatory framework that introduces mandatory anti-discrimination examination of all educational content
methodology and criteria for conducting a gender audit of educational institutions (approved by order of the Ministry of Education and Science).
According to order of the Ministry of Education and Science of 22.01.2021 № 95 an expert commission and an expert group for anti-discrimination expertise were formed.
The criterion "No discrimination" (paragraph 13, approved by the Academic Council DNU "Institute for Modernization of the Content of Education" January 27, 2021 Protocol № 1) was included into the methodological recommendations "On conducting a comprehensive examination of stamping objects (except of electronic ones) and criteria for their evaluation in order to assess the feasibility of providing the appropriate stamp of the Ministry of Education and Science of Ukraine".
The concept of legal education development does not contain a gender component, which is extremely important to include in order to strengthen the gender competence of future lawyers
20. To strengthen the internal mechanism for ensuring gender equality in the MES system.
The First Deputy Minister of Education and Science was a member of the Commission for coordination of interaction of executive bodies to ensure equal rights and opportunities for women and men (Annex to the resolution of the Cabinet of Ministers of Ukraine from March 10, 2021 № 186).
21. To adopt a bill on amendments to the Law of Ukraine "On Education" to ensure the quality of educational literature (No.3900 dated July 17, 2020).
Draft law No.3900 was not adopted, but the draft law 5465 about modification of the law of Ukraine "About education" concerning improvement of scientific and methodical maintenance of education and quality of the educational literature was adopted in the first reading.
22. To ensure equal access for women and girls to medical care of high quality and financial protection in the event of illness or temporary disability, with a special focus on vulnerable women, rural women, and IDP women (those living in the "gray zone"), as well as those who living with HIV/AIDS (PLHIV), tuberculosis (TB), drug addicts, those who are in conflict with the law, minorities.
The National Strategy for Combating HIV / AIDS, Tuberculosis and Viral Hepatitis until 2030 was accepted. It envisions strengthening of the implementation of the needs of vulnerable groups, rural women, IDP women (those living in the "grey zone"), living with HIV/AIDS (PLHIV), drug addicts, tuberculosis (TB), those who are in conflict with the law, minorities.
23. To provide a comprehensive study of the availability of medical services, including services for the protection of women's reproductive health, to regulate the issue of surrogacy.
24. to develop in the cities and communities a network of specialized services for victims of domestic and gender-based violence, medical and social care centers, mobile teams, day centers and shelters, as well as other forms of care in medical institutions
The government approved the State program preventing and combating domestic and gender-based violence until 2025. At the time of the monitoring, 417 specialized services were operating in Ukraine. The provision of a state subvention to local budgets for the establishment of a network of specialized support services for victims of domestic violence and / or gender-based violence was approved by order of the Cabinet of Ministers.
25. To legislate the possibility of providing social services at the expense of local budgets to public organizations and charitable foundations.
Although the Law on Social Services provides for the provision of social services to the non-governmental sector, which includes enterprises, institutions, organizations, communities, associations, charitable, religious organizations, natural persons - entrepreneurs and physical persons who provide social care services in accordance with this Law without carrying out business activities, but bylaws on purchaseing services in public organizations, enhancing the knowledge and skills of local government representatives to assess the need to purchase services to combat domestic violence should be developed in order to regulate the possibility of purchasing social services.
26. To ensure access to social services for vulnerable women, women with children and women from rural areas.
The implementation of the Law on Social Services requires by-laws to regulate the mechanisms of application and the ability of public organizations and charitable foundations to provide these services.
27. To amend the Law of Ukraine "On Advertising" to combat gender-based discrimination.
The draft Law of Ukraine 3427 on Amendments to the Law of Ukraine "On Advertising" on Combating Discrimination on the Grounds of Sex was accepted as a basis.
28. To account for the principle of non-discrimination on the grounds of sex and other characteristics and to establish sanctions for committing the relevant offense in the Law of Ukraine "On Media".
29. To instruct the National Council of Ukraine on Television and Radio Broadcasting to develop standards for ensuring a balanced representation of both sexes in the media as experts and heroes, gender-sensitive speech, coverage of domestic and gender-based violence. To introduce an appropriate mechanism of sanctions.
30. To develop and approve a strategy for gender-sensitive and inclusive speech, the use of femininities.
The Cabinet of Ministers approved The concept of communication in the field of gender equality from September 16, 2020 № 1128-r. Order of the Ministry of Economy dated 18.08.2020 № 1574 "On approval of Amendment № 9 to the national classifier DK 003: 2010" and on the names of female professions was accepted.
31. To strengthen the National Mechanism of Gender Equality by training employees responsible for the implementation and coordination of gender policy in all central executive bodies (hereinafter - CEBs), create advisory bodies to CEBs on gender equality, develop gender competencies of CEBs professionals, local governments. To expand channels for advocating the inclusion of gender component into the reforms.
The Cabinet of Ministers approved:
Typical provision on the unit responsible for equal rights and opportunities for women and men;
Typical provisions on counsellors for equal rights and opportunities for women and men, prevention and counteraction to gender-based violence.
(Resolution of October 9, 2020 № 930 On some issues of equal rights and opportunities for women and men)
32. To approve in the Ministry of Justice of Ukraine the order of the Ministry of Social Policy of Ukraine "On approval of Methodical recommendations for assessing the gender impact of sectoral reforms" dated April 14, 2020 No.257.
33. To strengthen resistance to anti-gender movements.
The concept of communication policy was developed.
34. To strengthen monitoring of the implementation of national policies on gender equality.
The list of indicators and the second national action plan Women. Peace. Security have been expanded and is based on the monitoring plan.
35. o introduce a mechanism to assess the impact of reforms on women and men, including those facing multiple forms of discrimination.
36. To involve women's organizations and gender experts in planning and implementing the reforms at various levels.
Development of an action plan No.1325 “Women. Peace. Security”.
37. To develop a mechanism for including the gender component in the development of the state budget and financial-economic justification of the legislation.
38. To determine the obligation to conduct legal examination in terms of gender of draft laws by all subjects of legislative initiative.
39. To adopt the order of the Cabinet of Ministers "On data collection for monitoring of gender equality".
The Cabinet of Ministers of Ukraine approved the list of indicators developed by the State Statistics Service, in terms of which it is planned to collect data for monitoring gender equality, with the definition of those responsible for data preparation and deadlines for their submission.
40. To ratify Council of Europe Convention on preventing and combating violence against women and domestic violence.
Ministry of Social Policy in April 2021 submitted a revised draft law on the ratification of the Istanbul Convention for further submission to the President of Ukraine to the Ministry of Foreign Affairs of Ukraine.
During the ratification, it is important to preserve the concept of gender as enshrined in the Convention, since replacing the concept of “gender” with “sex” may adversely affect the entire state mechanism for gender equality, international commitments in the field of Euro-Atlantic integration and international human rights instruments. The Inter-factional parliamentary association "For Ratification of the Istanbul Convention" was created in the Parliament.
41. To strengthen monitoring and implementation of the Convention on the Elimination of All Forms of Discrimination against Women, the Beijing Platform for Action, including through accession to the Biarritz Partnership.
Ukraine joined the Biarritz Partnership and developed Action plan, filed the state report on implementation of the Convention on the Elimination of All Forms of Discrimination against Women on time.
Section 2. The current major main challenges in implementing the reform (at the time of monitoring)
Insufficient funding for state and local programs to promote gender equality.
Strengthening the state system of social services without creating a competitive environment of social service providers from among public organizations and charitable foundations, low awareness of the assessment of the needs for social services taking into account the gender component.
The complexity of the procedure for providing social services under the model of "social entrepreneurship" for NGOs working in the field of women's rights and gender equality, combating domestic violence due to the need to have resources to provide services and then apply for compensation. Vulnerable categories are insufficiently involved in the provision of social services.
Low monitoring of the implementation effectiveness of adopted policies and programs on gender equality.
The impact of anti-gender movements on public policy.
The inclusion of the gender component in education is not systematic and pervasive. On the one hand it is planned to adopt a strategy to include the gender component in education, and on the other hand the gender component is not included in the concept of legal education reform.
Section 3. Recommendations on reform priorities for 2021–2022 (next annual period, until URC 2022)
To adopt the Strategy for Gender Equality until 2030, develop appropriate indicators for the success of its implementation.
To ensure implementation and monitoring of legislation and existing programs in the field of gender equality, their localization on the regional level.
To fully implement and to pay attention to ensuring socio-economic and labor rights, gender integration into the educational process in recommendations that have been partially implemented in full, that have not been implemented or when only formal steps have been taken to implement them.
To strengthen the knowledge and skills of representatives of public authorities and local self-government on the principles of gender equality, assessment of the need to purchase services from public organizations to combat domestic violence.