Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ukraine (Ratification: 1961)

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes with interest the adoption of the Law on Preventing and Combating Discrimination in Ukraine of 6 September 2012 (amended in May 2014), which prohibits both direct and indirect discrimination and covers the grounds of race, colour, political, religious or other beliefs, sex, age, disability, ethnic or social origin, citizenship, marital status, property status, place of residence, linguistic and any other characteristics that may be real or perceived (sections 1(2), 1(3) and 6(2)). The Committee notes that the Law applies, inter alia, to the areas of education, public service and employment relations (section 4). The Law also establishes a policy to pursue affirmative action with the goal of eliminating inequality of opportunity (sections 1(5) and 7). The Committee further notes that the new Employment Law, adopted in 2012 and amended in 2014, provides for protection against discrimination on an expanded set of grounds, including race, colour, political, religious or other beliefs, membership of trade unions or other associations, gender, age, ethnic and social origin, property status, place of residence, and linguistic or other characteristics (section 11(1)). Noting that national extraction is not explicitly included in the Law on Preventing and Combating Discrimination, the Committee requests the Government to clarify whether this ground would be covered by the term “any other characteristics”, and to provide information on the practical application of the Law and its impact in terms of achieving equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to provide information on any cases of discrimination filed with the competent authorities pursuant to section 11(1) of the Employment Law.

The Committee is raising other matters in a request addressed directly to the Government.