Ukraine has signed but not ratified the Council of Europe ‘Convention on preventing and combating violence against women and domestic violence’.[13] In November 2010, Ukraine ratified the Council of Europe Convention on Action against Trafficking in Human Beings.[14]
Domestic violence is an offence according to the Ukrainian Code on Administrative Offences (article 173-2 – Violence in family). In case of physical injuries, police and judges also use articles of Criminal Code of Ukraine on physical abuse).[15]
There is no law specifically criminalising domestic violence in Ukraine. However, domestic violence is addressed under the Law on the Prevention of Violence in the Family. This law defines domestic violence as ‘any intentional action committed by one family member towards another family member which violates the constitutional rights and freedoms of the family member and causes harm to his or her physical, mental or moral health’, and encompasses physical, sexual, psychological, and economic violence. The law was revised in 2009 following criticism from Ukrainian women’s rights activists of some aspects, for instance, a clause which allowed police to issue warnings to victims for ‘provoking’ the violence. This clause was removed, and a system of correctional programmes for perpetrators of domestic violence was introduced.
[16]According to the Council of Europe, information on women’s rights to protection from domestic violence and other forms of violence against women is available and widely disseminated in Ukraine; this includes education campaigns. Police officers also receive training on violence against women.
[17] There is a national ‘Stop Violence’ hotline that victims can call, and in 2010, a five-year ‘Stop Violence’ national campaign was launched.
[18] The hotline is available nation-wide and is toll-free. It is run by the NGO La Strada – Ukraine since November 2003, and the number of calls increases every year.
[19] While shelters for domestic violence victims exist, they lack financial support from the Ukrainian Government
[20] and the local authorities.
[21]In addition, the Women’s Consortium of Ukraine states that implementation of the legal provisions is not consistent, and most support provided to victims comes from women’s rights NGOs rather than state bodies.
[22] According to the Women Against Violence Europe (WAVE) network, 91,913 cases of domestic violence were registered with the police in 2010. It is unclear how many of these resulted in a conviction.
[23] Statistics for 2011-2013 are also available. Every year the amount of reported cases of domestic violence grows by about 10,000, which indicates an increased level of awareness and visibility of the issue, and readiness of the police to respond to such cases.
[24]Public prosecutors are only required to initiate proceedings in domestic violence cases in the case of serious assault.
[25]According to a shadow report submitted to the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) Committee by the Women’s Consortium of Ukraine, domestic violence remains a hidden problem in Ukraine. Most cases go unreported; one survey conducted in 2009 found that just 10% of women affected by domestic violence had sought help from the authorities.
[26] It is considered to be a private, family matter, a view shared by law enforcement officials and others in authority. This makes it very difficult for women to seek help, as does the fact that many women are unaware of the legal protection that is available to them.
[27] The Advocates for Human Rights also note the inadequate way that police respond to domestic violence.
[28] According to the European Roma Rights Centre (ERRC), violence directed against Roma women is a particular problem in Ukraine. This includes domestic violence in the home, and street violence, at the hands of non-Roma. The police do not respond effectively to prevent violence or punish perpetrators. In the case of domestic violence, this is often on the grounds that this is a ‘Roma’ problem and should be settled within the community. In addition, many Roma women are reluctant to report violence to the police due to mistrust, and bad experiences at the hands of police in the past.
[29] Rape is prohibited by the Ukrainian Criminal Code.
[30] The law contains no specific reference to spousal rape. Perpetrators of spousal rape can be punished under a law prohibiting “forced sexual relations with a materially dependent person” (the same law that can be used to prosecute sexual harassment cases).
[31]
There is nothing in the Criminal Code to suggest that a perpetrator can escape prosecution by marrying the victim.
[32]According to a report by the Council of Europe, Ukraine does have a system of support services available to victims of sexual assault.
[33] However, Women Against Violence Europe (WAVE) notes that there are no dedicated centres for victims of sexual violence in the country.
[34]Data held by the United Nations Office on Drugs and Crime (UNODC) indicates that in 2010, 635 cases of rape were registered with the police. It is unclear how many of these resulted in a conviction.
[35] Public prosecutors are only required to initiate proceedings in cases of sexual violence in the case of serious assault.
[36]According to the Advocates for Human Rights, most incidents of rape go unreported because victims are ashamed, distrust the police, or do not believe that bringing charges will result in justice.
[37] One prevalence study found that among women who had experienced sexual violence, this was most often from their husbands or male partners.
[38] While there is no specific legislation addressing
sexual harassment, sexual harassment is covered by the Law on Ensuring Equal Rights and Opportunities of Women and Men.
[39] In addition, the Criminal Code includes clauses prohibiting people from exploiting a victim’s dependence or vulnerability to coerce them into unwanted sexual contact.
[40]The Law on Ensuring Equal Rights and Opportunities of Women and Men calls on employers to take measures to ‘avoid incidents of sexual harassment’, and states that persons who have experienced sexual harassment can make a complaint to the Commissioner for Human Rights. Victims of sexual harassment are also entitled to financial compensation.
[41] However, a 2011 report notes that the legal procedures involved in making a claim of sexual harassment are complex, and there are no special mechanisms in place to investigate cases of sexual harassment in the workplace.
[42]Sexual harassment appears to be a widespread but little-understood problem in Ukraine.
[43] In many sectors, sexual harassment is considered normal and women do not recognise sexual harassment for what it is, or realise that they have the right to protection. One expert cited in the 2011 report mentioned above criticised the current legal framework for failing to protect women from sexual harassment, noting that the definition of sexual harassment in the Law on Ensuring Equal Rights and Opportunities of Women and Men is too narrow.
[44], [45]There is no evidence that female genital mutilation is practised.
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Abortion is available on demand in Ukraine.
[46] However, as of June 2013, draft laws that would restrict access to abortion were apparently under discussion.
[47]
[13] Council of Europe Treaty Office (2013) [14] Council of Europe Convention on Action against Trafficking in Human Beings, http://www.coe.int/t/dghl/monitoring/trafficking/Docs/Profiles/UKRAINEProfile_en.asp [15] Ukrainian Code on Administrative Offences (in Ukrainian): http://www.coe.int/t/dghl/monitoring/moneyval/Evaluations/progress%20reports/MONEYVAL(2010)1ANN_ProgRep_UKR_en.pdf; O.M. Bandurka, O.F., et al. (2011), p. 40 [16] Advocates for Human Rights (2009)[17] Hagemann-White, Carol (2010), p. 47, 51, 52 [18] Advocates for Human Rights (2009) [19] La Strada (2014) [20] Levchenko, et al. (2010) [21]La Strada (2014) [22] Women’s Consortium of Ukraine (2008) ‘p. 42-43. [23] WAVE (2011) [24] La Strada (2014) [25] Hagemann-White, Carol (2010), p. 41 [26] UNDP Ukraine (2010) [27] Women’s Consortium of Ukraine (2008), p. 42-43 [28] Advocates for Human Rights (2009) [29] ERRC (2008), p. 3-5 [30] Criminal Code, Article 152 [31] CEDAW (2008, p. 14 [32] Criminal Code of Ukraine [33] Hagemann-White, Carol (2010), p. 45 [34] (WAVE) (2011) ‘ [35] United Nations Office on Drugs and Crime (2010 [36] Hagemann-White, Carol (2010) ‘, p. 41. [37] Advocates for Human Rights (2009) [38] UNDP Ukraine (2010) ( [39] Women’s Consortium of Ukraine (2008) ‘, p. 34. [40] Criminal Code, Article 154. [41] Law on Ensuring Equal Rights and Opportunities of Women and Men, Articles 17, 22, 23. [42] Moskalenko, Olha (2011) ‘) [43] CEDAW (2010), p. 7 [44] Moskalenko, Olha (2011) ‘[45] Advocates for Human Rights (2009) [46] United Nations Department of Economic and Social Affairs [47] Stracansky, Pavol (2013)
