Ukraine plans to amend anti-discrimination legislation: what new terms does the State Committee for National Policy propose?
Ukrainian anti-discrimination legislation needs more precise definitions, as some manifestations of prejudice are still difficult to describe in current regulations. These are situations in which a person may be subjected to pressure due to a connection with another person, due to a combination of several characteristics, or due to public statements that incite hatred and enmity. The State Service of Ukraine for Ethnopolitics and Freedom of Conscience proposes to consolidate such concepts at the level of law so that the mechanism for protecting human rights is closer to the approaches of the European Union and the Council of Europe.
What the State Service of Ukraine for Ethnopolitics proposed
The State Service of Ukraine for Ethnopolitics and Freedom of Conscience published for public discussion a draft amendment to the law “On the Principles of Prevention and Counteraction of Discrimination in Ukraine”.
The document proposes to expand the conceptual apparatus of the basic law and introduce three separate definitions into it: discrimination by association, multiple discrimination, and hate speech. This approach should clarify which situations can be considered discriminatory, even if the prejudice manifests itself in a more complex form than a direct refusal, insult or restriction of rights on one obvious basis.
The draft proposes to define discrimination by association as a situation in which a person or group of persons is discriminated against due to their association with other people who have certain protected characteristics.
In practice, such a norm may apply to cases where a person’s rights are restricted not because of their own characteristic, but because of a family, professional, friendly or other connection with a person or group against whom there is a prejudice. The draft law proposes to explicitly take into account such situations so that protection also extends to those who suffer from discrimination by association with others.
Multiple discrimination: when prejudice concerns several characteristics
Separately, the State Policy proposes to consolidate the concept of multiple discrimination. According to the draft, this is a situation in which a person or group of persons is discriminated against on more than one protected ground.
This approach is important in cases where prejudice arises due to a combination of several factors, such as origin, gender, age, disability, health condition, language, religious beliefs or social status. Introducing this term into the law will allow for a more precise description of complex cases of discrimination, where one ground does not explain the full picture of the violation of rights.
Hate speech: what definition is proposed to be included in the law
The draft law also proposes to regulate the concept of hate speech. The document defines it as all forms of expression that incite, spread, promote or justify violence, hatred, hostility or discrimination against a person or group of persons.
The list of grounds on which such hostility may be manifested includes race, skin color, ethnic or social origin, nationality, citizenship, language, sex, gender identity, sexual orientation, age, health status, disability, place of residence, property status, family or social status, political, religious or other beliefs.
The draft also takes into account situations where the grounds may be real or only assumed. This means that protection may apply to cases in which a person is attacked because of perceptions of their origin, views, health status or other characteristics.
Why are these changes proposed?
State policymakers explain the preparation of the draft law by the need to modernize the national mechanism for protecting fundamental human rights and freedoms. Particular emphasis is placed on harmonizing Ukrainian legislation with current standards of the European Union and the Council of Europe.
The proposed changes do not create a new system from scratch, but rather clarify the basic concepts that can be applied when assessing discriminatory acts or statements. After public consultation, the document could become the basis for further consideration of legislative changes.
