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The Constitutional Court of Ukraine is ascertaining whether the Constitution prohibits discrimination based on sexual orientation


Executive Director of the Fulcrum Bogdan Globa filed a constitutional appeal for the Constitutional Court of Ukraine in terms of the interpretation of the second part of Article 24 of the Constitution. Specifically, Article 24 prohibits discrimination on a number of signs and has the open list "other signs". At the same time, opponents of LGBT movement insist that the Constitution does not prohibit discrimination based on sexual orientation.

The Constitutional Court of Ukraine is ascertaining whether the Constitution prohibits discrimination based on sexual orientation

On January 8th, the All-Ukrainian Charitable Organization Fulcrum addressed an appeal to the Constitutional Court of Ukraine about the interpretation of Article 24 of the Constitution of Ukraine and asks for an official interpretation of whether an indication of "sexual orientation" is included in the list of "other signs". The full text of the Constitutional appeal is available here.

As you know, the second part of Article 24 of the Constitution of Ukraine defines the list of signs due to which to grant privileges or restrict citizens are prohibited. According to this list, advantages or limitations based on race, color, political , religious or other beliefs, sex, ethnic or social origin, property status, place of residence, linguistic, or other characteristics can not be given.

This appeal aims to obtain an official interpretation from the Constitutional Court and terminate  different interpretations on prohibition of discrimination based on sexual orientation. The lack of the term "sexual orientation" in the legislation together with ineffective safeguards against discrimination, distrust of citizens in law enforcement and judicial authorities makes it difficult to protect homosexual citizens from discrimination.

The answer of the Constitutional Court will have a significant impact on the future way of anti-discrimination legislation consideration. Article 24 of the Constitution of Ukraine guarantees all residents of the state, without exception, " equal rights and freedom," and in case of a positive  answer of the CCU concerning the availability of the definition of "sexual orientation" in the list of "other signs", LGBT community will be able to get a reliable legal mechanism to protect themselves against discrimination.

Let’s note that one of the requirements for the implementation of phase I of the plan of visa liberalization with the EU is the existence of a legal norm which prohibits discrimination based on sexual orientation. Bill 2342 , which was introduced in Parliament by the government was not voted on. Interpretation of the Constitutional Court may be necessary decision for Ukraine's transition to phase II of visa liberalization.

The constitutional appeal of Fulcrum   was  submitted to the Constitutional Court and is on the elaboration of a panel of judges. Its consideration can last from several to six months.

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