Hrybovska A. Constitutional foundations of gender equality in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002815

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

28-05-2019

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The thesis is devoted to a comprehensive study of the constitutional foundations of gender equality. The work deals with the theoretical and legal foundations of the understanding of equality as a principle of the constitutional and legal status of an individual. It is substantiated that the principle of gender equality is one of the components of the constitutional principle of equality. The construction of gender equality is revealed through the category of human rights as a universal standard of equality. The proposal to reinforce gender terminology and standards of gender equality in the Constitution and in the current legislation of Ukraine was made, in particular the definition of “gender equality” – equality of rights and duties of spouses, which presupposes the existence of equal conditions in the realization of all human rights life; and also to edit the constitutional norm, which provides a list of areas of implementation of the principle of equality of women and men (Article 24 of the Constitution of Ukraine). A historical analysis of the evolution of the idea of equality between women and men and its constitutional mapping is carried out. The development of the idea of equality of men and women on the territory of Ukraine and its reflection in the law is demonstrated. Constitutional-legal mechanism of ensuring the principle of equality of women and men as a set of legal guarantees of a regulatory and institutional nature, which exercise legal impact on public relations regarding the lawful realization, protection and protection of equality in Ukraine, is investigated. The constitutional-legal mechanism for ensuring the principle of equality of women and men, which is an internally regulated set of legal guarantees of a regulatory and institutional nature defined by the Constitution and laws of Ukraine, that exercise legal influence on public relations regarding the legitimacy of implementation, protection and protection of equality, is studied in Ukraine. It is determined that the principle of gender equality underlies the construction of a modern law-governed state and civil society. It has been proven that the legislation of all civilized countries, as well as international legal acts in the field of human rights, fix as one of the mandatory democratic requirements the equal rights of men and women in all spheres of life and the prohibition of discrimination. It is argued that gender discrimination is inextricably linked with the concept of “human rights”, since the basis of their violation and non-compliance; the proposal to understand discrimination is justified not only as a different attitude towards people in the same situations, but also as an equal attitude towards people whose situations differ, which corresponds to European standards of gender equality. It is demonstrated that gender discrimination today takes on various forms, among which a multi-level problem is a separate problem. Special attention in the work is devoted to international standards of gender equality and their significance for the Ukrainian state in connection with the country's chosen course towards European integration. It is proved that, despite the positive steps, the main problems in the field of gender equality remain unchanged. Developed recommendations for gender reform of national legislation in accordance with international standards, which should begin with constitutional reforms, and recommendations for developing a mechanism for ensuring gender equality in the country.

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