Situation of LGBT+ people in Ukraine Andriy Maymulakhin, LGBT Human Rights NASH MIR Center

60 % of Ukrainians have homo- and transphobic attitudes Data: International Institute of Sociology, February 2016 Definitely positive (1,2 %) Difficult to say (4,6 %) Rather positive (3,1 %) Indifferent (30,7 %) Definitely negative (42,1 %) Rather negative (18,3 %)

Revolution of Dignity / Euromaydan (2014)

The National Human Rights Strategy   Development during 2014-2015 Proposal to include mentioning LGBT issues into the Strategy failed Strategy was adopted by the President of Ukraine (Aug. 2015) The Action Plan (until 2020) to implement the Strategy was adopted by the Cabinet of Ministers (Nov. 2015) LGBTI components were included into the Action Plan Now the Action Plan serves us as a basis for further advocating LGBTI rights in Ukraine

The Action Plan (until 2020)   Prohibition of discrimination on the grounds of sexual orientation and gender identity (SOGI) in all spheres Adding the motive of hatred on grounds of SOGI as an aggravating circumstance in the Criminal Code (hate crimes) Working out legislation on registered partnership for same-sex couples Adopting new rules for change (correction) of sex for transgender persons Some other issues Monitoring implementation the Action Plan in 2016-2017: slow and incomplete realization, low political will

Prohibition of discrimination on the grounds of SOGI   Including SOGI into antidiscrimination provisions of the Labor Code (Nov. 2015) – Important step forward Post-Soviet Labor Code –> new Labor Code Recommendation: To keep eye on further legislation developments No mentioning SOGI in the general antidiscrimination law (“On the Principles of Combating Discrimination in Ukraine”) Attempt to make exclusion for religious organizations (the cases are not considered discrimination if the action is based on ... religious motive) Recommendation: Further advocacy needed

Monitoring data: discrimination, hate crimes and incidents   In 2016 Nash Mir recorded more than 270 cases of various violations LGBTI rights Insults or verbal threats Disclosure or threat of disclosure of confidential information Physical violence without the use of weapons Damage to property Discrimination (refusal of employment, services, housing rental, etc.) Robbery Threats with weapons Rape or other sexual violence Injuries by weapons

Hate crimes: legislation and practice   No proper legislation Amendments to Criminal Court are in the process of development Patrol police: Have to record ‘hate motive’ (since 2016), but real practice is unknown Investigation: Do not want to classify cases as hate crime (according to Art. 161 of Criminal Code) Courts: Almost no good practice Head Investigating Department developed manual on investigating hate crimes, also a bit mentioning hate crimes against LGBT

Same-sex partnership   Action Plan: To draft a bill on legalization of registered civil partnership in Ukraine for opposite-sex and same-sex couples taking into consideration property and non-property rights, in particular to own and inherit property, to support one partner by the other in case of incapacity for work, the constitutional right not to testify against the partner Deadline for implementation: 2nd quarter 2017 Responsible: Cabinet of Ministers of Ukraine, other interested government authorities Current situation: no ministry is taking action

Transgender issues   New progressive rules for change (correction) of sex for transgender persons were adopted by Ministry of Health at the end of 2016 Recommendations: To monitor implementation of new regulations by practicing physicians To inform (and monitor knowledge and practice) T-persons about new regulations

We have cautious optimism for the future There are some positive changes in Ukraine since Revolution of Dignity / Euromaydan (2014) – We have cautious optimism for the future  Media campaign of Nash Mir titled “Celebrate Diversity and Equality”, May 2017

LGBT Human Rights NASH MIR Center Website: GAY.org.ua   Website: GAY.org.ua Annual and special reports (some also in English), publications on legal education, raising awareness about LGBTI people, handbooks and other Facebook: NashMirCenter Current important information about the situation of LGBTI community in Ukraine and about our activities E-mail: coordinator@gay.org.ua (Andriy Maymulakhin) Telephone: +380 44 296-34-24