Miagkykh G. Іnterpretation of women's rights in Ukraine late XIX - early XX century.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003153

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

22-05-2017

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The paper presents a comprehensive historical and legal analysis of the idea of women's rights in the light of equality and justice principles, which is reflected in the representatives' works of Ukrainian political and legal thought in the second half of XIX - early XX century, also it defines the relation of these works with the achievements of world political and legal thought and the development of legal regulation of the status of women as a factor, which determined the evolution of understanding of women's rights in Ukraine. The author has defined the concept of women's rights as the legal opportunities that have certain specificity, including implementation of equality and justice principles, as well as gender sensitive approach to understanding and realization of these rights. The evolution of women's legal status in the late XIX - early XX century in the Ukrainian lands is analyzed both under the authority of the Russian and Austro-Hungarian Empire as well as during the Ukrainian People's Republic, the West Ukrainian People's Republic and during the Soviet era. On the basis of complex analysis it is proved that the representatives of Ukrainian political and legal thought has not developed a holistic doctrine of human rights, particularly women's rights, but they have a creative approach to this issue, taking into account features of development of the Ukrainian society. Due to objective reasons it turned out that the most influential direction of political and legal thought in Ukraine was socialist direction, and therefore exactly within the direction a question of women's rights in the twentieth century was being solved. Formal confirmation of rights led only to a decrease, and not to a liquidation of the gaps in the actual position of men and women. Thus the author has substantiated the need for positive action policy implementation. The author proves that in the future social-democratic tendency will prevail in Ukraine, but considering the achievements of world liberal thought and practice. The necessity and appropriateness of a shift from the generalized concept of women in the direction of gender concept is reasoned. The author also reasoned recognition of the fact that the whole structure of society and all relationships between men and women should be completely revised. The bourgeois-democratic revolution XVII - XVIII were the crucial step to the development of human rights. They advanced the principles of freedom and formal equality which became the basis of the universality of human rights. The philosophical, political and legal justification of human rights prevailing within the natural law doctrine during the XVII - XIX centuries. Understanding of human rights remained very limited (women were excluded). Issue on women's rights in Ukraine is comprehended in the same areas as in other European countries - socialist, liberal, nationalist, conservative. Although representatives of the Ukrainian political and legal thought have not developed a coherent doctrine of human rights, particularly the rights of women, they came to creatively solve issues of social and legal status of women in Ukraine allowing for the political, economic, social and religious development of Ukrainian society. Due to objective reasons historical, political, economic trends in Ukraine it was the most influential socialist policies and legal thought, and therefore it is within this understanding of the woman question was decided in the twentieth century. These circumstances can predict that Ukraine will continue to dominate social democratic direction, but with the advances of liberal thought and practice.

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