DOI: https://doi.org/10.32461/2226-3209.2.2014.137994

ACTUAL QUESTIONS OF GENDER DEMOCRACY IN UKRAINE

Uliana Lukach

Abstract


National socio-political transformation and declared policy of building the welfare state legal proceedings necessitate effective state policy of equal rights and opportunities for women and men. Against the background of intensification of the struggle to uphold democratic principles and norms of gender equality is becoming more urgent sound. This gender democracy appears as a condition of civil society.

The relevance of the topic of research motivated by the need for a comprehensive analysis of the principles and effectiveness of gender policy in Ukraine, based on the existing underlying systemic contradictions in the law and legal uncertainties. However, it is necessary to determine the level of social commitment Ukrainian society to implement practical activities in the field of gender transformation.

The purpose of this article is to take account of national specificities in the process of gender equality through understanding it as a wide range of cultural, political and legal reforms.

Ukraine has the responsibility to establish gender equality by signing a number of international instruments, including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol Declaration and Platform for Action of the Beijing conference and the UN Millennium Development Goal by 2015 Among the eight goals of the third set "Promotion of gender equality and empowerment of women", which implies that the percentage balance of representation of both genders in government and management in the ratio of 30:70.

Stayed only one year to achieve their goals, butUkrainehas made in this direction is not enough. Articles 21, 23 and 24 of the Constitution of Ukraine declared gender equality by giving women equal opportunities with men in social, political and cultural activities in obtaining education and training, in work and remuneration.

In order to detail the constitutional provisions were adopted Law of Ukraine on Ensuring Equal Rights and Opportunities for Women and Men, which came into force on 1 January 2006, which has significant drawbacks. One of them – imperfect legal terminology. Among defined in Article 1 of this Law, the terms draws attention to the term "affirmative action", which is interpreted as temporary special measures aimed at addressing the imbalance between women and men to exercise the same rights granted to them by the Constitution and laws of Ukraine. At its core, this definition corresponds to the term "gender quotas". Article 3 of the Law of Ukraine on Ensuring Equal Rights and Opportunities for Women and Men defines the main directions of gender policy inUkraine, but lawmakers are not issued any measures or forms of implementation of affirmative action.

Parliamentary oversight over the implementation of gender policy is limited to one little mention of the Parliamentary Commissioner for Human Rights Institute which is rather weak and confined to annual parliamentary hearings on the same topic. In particular, to establish an effective system of non-judicial appeal evidence of gender discrimination by strengthening the ombudsman.

Gender quota is treated as a technical means to overcome the gender imbalance in all spheres of political life in order to improve the social status of women. It is temporary and is a system of incentives, rewards and restrictions. Today the Cabinet of Ministers of Ukraine is only one woman, in the Parliament of Ukraine has only 9,6% of the total number of women deputies in sharp contrast compared to European countries. For example, inNorwaythe number of women in parliament is 39%,Finland– 40%,Sweden– 45%. According to the World Economic Forum has published articles equality (Gender Gep Index) 2013,Ukrainehas maintained a 64-place. Worst our country shows the level of participation of women in political life, embracing the 119- th place.

Ukrainehas decided to statutory quotas as a means to encourage women to public policy and made changes to the Law of Ukraine on Political Parties. It is therefore necessary to intensify gender education and training, and specifically adapt society to changes in gender politics. Only if gender parity is possible the actual establishment of equal social value for women and men, increasing social responsibility as between the sexes, and to society.


Keywords


gender policy; legal regulation; gender equality; positive discrimination; gender quotas