Gritsay I. The principle of gender equality and the mechanism of its provision: the theoretical and legal aspect

In the dissertation the theoretical and legal study of the principle of gender equality and the mechanism of its provision was conducted. Through the use of interdisciplinary and cross-sectoral approaches, the content of the principle of gender equality in its interrelation with other related phenomena was disclosed. The complex analysis of doctrinal achievements of domestic and foreign scientists in this field was carried out. The methodological basis for the study of the principle of gender equality and the mechanism for its provision was determined. The structural and functional system of the methodology of the study of the principle of gender equality includes the following levels: general philosophical approaches, general scientific (interdisciplinary), special and legal methods of law. The theory of the mechanism of ensuring the principle of gender equality was developed; its notions and features were formulated. There was described the content of the normative legal (reflected in the system of the current legislation: the laws of Ukraine, subordinate normative legal acts, international normative legal agreements, the consent to be bound by the Verkhovna Rada of Ukraine) and the institutional (organizational and legal) (these groups of subjects are classified: 1) the legislative body and its institutions; 2) Head of State and his institution; 3) executive bodies; 4) bodies of judicial power and constitutional justice; 5) law enforcement and human rights bodies; 6) local self-government bodies; 7) institutes of civil society; 8) international and regional specialised agencies, representative offices, funds and programmes accredited in Ukraine) constituents of the mechanism for ensuring the principle of gender equality. A number of changes to the current legislation were proposed in order to improve the mechanism of ensuring the principle of gender equality. Current problems, ways of their solution and tendencies of gender policy development in Ukraine were outlined. The definition and correlation of the terms «gender policy», «state gender policy», «municipal gender policy» were revealed. One of the criteria for delimiting these phenomena is to determine their subject composition. Problems of ensuring the principle of gender equality in parliament; the peculiarities of women’s integration into the military sphere of different countries of the world and the problems of women’s involvement and the peculiarities of their stay in the military service in the Armed Forces of Ukraine were revealed. Peculiarities of the application of gender budgeting were analysed; It was determined that the main component of the work on gender-based budgeting is the gender analysis, the kind of which is considered a gender budget analysis. The issue of realization of gender legal examination in the national practice was researched. The stages of realization of gender legal examination were offered. The theoretical and legal aspects of gender-based violence in Ukraine in general and in its eastern part in particular were revealed. The mechanism of counteracting gender-based violence in foreign countries was analysed. The modern problems and tendencies of the development of the provision of the principle of gender equality at the level of local self-government in different spheres were singled out. It was proposed to introduce an institution of mediation between gender-sensitive groups of the population, including national minorities, and local authorities, various social and medical institutions, etc. The role of public organizations in ensuring the principle of gender equality was revealed. A comprehensive analysis of the role of NGOs in ensuring the principle of gender equality made it possible to distinguish their classification according to the following criteria: sphere of activity; status or territory of activity; number of members; purpose of the creation and activity, etc. Public organizations in the context of ensuring the principle of gender equality can exercise direct, advisory, innovative, supervisory influence on state policy. The case of the European Court of Human Rights was analysed, and the problems in the activity of the judicial authorities of Ukraine in the sphere of ensuring the principle of gender equality were revealed. It was emphasised that effective judicial protection of the rights and freedoms of women and men in gender sensitive cases can be carried out by judges who are knowledgeable in issues of gender equality and non-discrimination, which requires the inclusion of appropriate educational disciplines in training programs for judges.