Prohibition of Discrimination

Compliance of Ukrainian Anti-Discrimination Legislation with EU Standards Respect for the principles of equality and non-discrimination is one of the fundamental values of the European Union established in the Charter of Fundamental Rights of the EU. It encompasses equality of everyone before the law, prohibits discrimination on any grounds, ensures equality between women and men, protects the rights of the elderly to lead a life of dignity and independence, and promotes full integration of persons with disabilities into social and professional life.

Articles 20, 21, 23, 25, and 26 of the Charter of Fundamental Rights of the European Union (CFR) 
Text as of March 2026

The European Commission’s 2025 report, while noting some progress, highlights the persistence of significant gaps in the alignment of Ukraine’s criminal and anti-discrimination legislation with the EU acquis. Specifically, this concerns non-compliance with Framework Decision 2008/913/JHA, the lack of systematic data collection on hate crimes, and the non-inclusion of sexual orientation and gender identity in the list of protected grounds. It also underscores the need for further alignment of the national non-discrimination system with EU directives and for strengthening institutional capacity to combat racism and protect the rights of LGBTIQ+ individuals and persons with disabilities. Thus, the European Union’s approach goes beyond the mere formal adoption of legislation. It also includes creating an effective institutional infrastructure that can ensure legal remedies against discrimination. This infrastructure must also include real mechanisms for compensating victims and preventing discriminatory practices in both the public and private sectors.

Based on research and human rights advocacy practice, we have identified the following challenges to realizing this right in Ukraine:

  1. No comprehensive and clear definition of the forms of discrimination and intolerance. This includes limited lists of protected characteristics and the absence or fragmentary nature of concepts such as intersectional discrimination, discrimination by association, denial of reasonable accommodations, victimization, hate crimes, and hate speech. The use of diverse and competing terminology complicates law enforcement. The use of diverse and competing terminology complicates law enforcement.
  2. No consistency among regulatory and legal acts, differing approaches to the list of protected grounds, and no comprehensive protection based on sexual orientation and gender identity outside of labor legislation.
  3. Significant legal gaps in protection mechanisms, including the absence of effective administrative liability, limited judicial and extrajudicial remedies, uncertainty regarding the rules for the allocation of the burden of proof, and insufficient protection for individuals filing discrimination complaints. The burden of proof always rests with the plaintiff.
  4. Insufficient legal regulation and practical implementation of the rights of certain vulnerable groups, particularly persons with disabilities due to the absence of a supported decision-making system and elderly due to the lack of comprehensive national programs aimed at ensuring an active and independent life.
  5. Currently, Ukraine has a critical shortage of specialized mechanisms for investigating such offenses. Investigative authorities generally lack training in dealing with motives of intolerance, which leads to the ineffectiveness of justice.
  6. Unregulated situations regarding the registration of civil same-sex partnerships remain a problem, and partnerships entered into abroad are not recognized.

Issues identified by the ECHR’s case law in cases against Ukraine:

  • Ukraine must ensure the independence and impartiality of investigations into hate crimes, particularly when they involve ethnic minorities or members of marginalized groups.
  • The state must establish specialized units or procedures for identifying and investigating motives of hatred, as well as ensure appropriate training for law enforcement agencies. In the practice of the European Court of Human Rights, a motive of hatred, prejudice, or intolerance is considered a factor that increases the social danger of the act and imposes heightened positive obligations on the state regarding effective investigation. Where there are indications that a crime may have been committed on grounds of discrimination, state authorities are obligated to take all reasonable measures to identify and establish such a motive.
  • The need to involve victims and their relatives in the investigation process is crucial for ensuring transparency and enhancing trust in the legal system.
  • Information exchange between law enforcement agencies, human rights defenders, and civil society must be established.
  • Discrimination exists due to the lack of legal regulation of civil partnerships.

What Ukraine Needs to Do During the EU Accession Process to Improve the Situation:

Institutional Changes and Strengthening Mechanisms to Protect and Restore Violated Rights

  • Expand the powers of executive authorities and establish independent equality bodies to ensure effective monitoring and oversight of the implementation of anti-discrimination legislation. An independent equality body should also be empowered to initiate investigations into cases of discrimination and hate crimes, which will help strengthen the human rights protection infrastructure. The Ukrainian Parliament Commissioner for Human Rights cannot perform these functions due to a lack of independence, limited capacity to provide protection nationwide, and conflicting functions and powers—particularly regarding sanctions—which are not characteristic of national human rights institutions in accordance with the Paris Principles and the Commissioner’s constitutional status (the function of parliamentary oversight of human rights compliance)
  • Establish or expand existing mechanisms for the regular collection, monitoring, and analysis of data on manifestations of discrimination, hate crimes, and access to justice for vulnerable groups. Data should be collected at the national and local levels by all relevant stakeholders, which will allow for a better understanding of the scale of the problem and an effective response to it.
  • Ensure equal access to justice for persons with disabilities and vulnerable groups, in particular by improving architectural accessibility, digital participation tools, adequate information provision, and sign language interpretation.
  • The state must implement the ECHR’s rulings in cases against Ukraine:
  • The Fedorchenko and Lozenko v. Ukraine (2021) group of cases (failure to conduct an effective investigation into a crime motivated by national and religious hostility): Grigoryan and Sergeyeva v. Ukraine (2017), Burlya and Others v. Ukraine (2019), Zagubnya and Tabachkova v. Ukraine (2020), Kornilova v. Ukraine (2020), Migorianu and Religious Community Jehovah’s Witnesses of the City of Izmail v. Ukraine (2020), Pastrama v. Ukraine (2021), Uzu v. Ukraine (2024), Carter v. Ukraine (2024, failure to conduct an effective investigation into a crime motivated by homophobia).
  • Maimulakhin and Markiv v. Ukraine (2023) (refusal to provide any form of legal recognition and protection for same-sex couples). Finalize and adopt draft Laws No. 9103 (as amended regarding family law) and No. 12252.
  • Expand anti-discrimination legislation by including sexual orientation and gender identity in the list of protected grounds and ensure equal protection against discrimination on the grounds of race, ethnicity, and gender in all spheres of public life, including access to goods and services.
  • Strengthen accountability for hate crimes by improving criminal legislation to introduce stricter and more effective sanctions for crimes committed on the grounds of intolerance. Draft Law No. 13597 does not address these issues and requires substantial changes, as the proposed wording exacerbates the situation.
  • Establish clear and specialized procedures for investigating hate crimes and introduce systematic mechanisms for collecting, analyzing, and publishing data on their number, nature, and motives. In accordance with EU law, mechanisms must be introduced to support victims of hate crimes.
  • Ensure adequate legal regulation to counter other manifestations of intolerance, in particular hate speech, while respecting standards of freedom of expression.
  • Include in civil, labor, and administrative law a clear obligation on the defendant to prove that there was no violation of the principle of equal treatment (shifting the burden of proof to the defendant).
  • Establish mandatory requirements for reasonable accommodation for persons with disabilities in various spheres of public life.

Educational and Awareness-Raising Activities

  • Civil servants, judges, and law enforcement officers should regularly undergo specialized training on human rights, non-discrimination, and responding to hate crimes. This will help ensure an effective and tolerant approach toward vulnerable groups and the effective implementation of anti-discrimination legislation.
  • The government should regularly plan and conduct national awareness campaigns on rights and mechanisms for protection against discrimination as part of state policy to promote and protect human rights.

For a more detailed overview of the EU and Ukraine’s acquis and case law related to this right, and the rationale for our recommendations, please see the research section of this page. Specifically, see the document available only in Ukrainian: Compliance of Ukrainian Anti-Discrimination Legislation with EU Standards. If you have any feedback or comments about this material, please send them to: hrmap@ccl.org.ua.

Published materials may be used provided that a mandatory link to the original source is included. © 2026 Center For Civil Liberties.

Experts

Picture of Iryna Fedorovych

Iryna Fedorovych

Human rights, equality, and non-discrimination expert with over 20 years of experience

Picture of Olena Bondarenko

Olena Bondarenko

expert on international human rights standards, non-discrimination, and sustainable development

Picture of Tymofii Atamanchuk

Tymofii Atamanchuk

Legal Analyst, NGO “Center for Civil Liberties”

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Volodymyr Yavorskyy

Lawyer, human rights defender, program director of the NGO “Center for Civil Liberties”