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Ukraine - Fourth periodic report of State parties [1999] UNCEDAWSPR 15; CEDAW/C/UKR/4-5 (4 August 1999)

Committee on the Elimination of Discrimination

against Women

Consideration of reports submitted by States parties

under article 18 of the Convention on the Elimination

of All Forms of Discrimination against Women

* The present document is being issued without formal editing.

For the initial report submitted by the Government of Ukraine, see CEDAW/C/5/Add.11 considered by the Committee at its second session; for the second periodic report submitted by the Government of Ukraine, see CEDAW/C/13/Add.8, considered by the Committee at its ninth session; for the third periodic report submitted by the Government of Ukraine, see CEDAW/C/UKR/3 and Add.1, considered by the Committee at its fifteenth session.

Fourth periodic report of States parties*

Ukraine

Contents

Introduction

The Convention on the Elimination of All Forms of Discrimination against Women was ratified by the Presidium of the Supreme Soviet of the Ukrainian Soviet Socialist Republic on 24 December 1980. The Ukrainian SSR has submitted three reports on the implementation of the provisions of the Convention: in 1983, in 1987 and in 1991. The third periodic report was considered by the Committee on the Elimination of Discrimination against Women only in 1996.

The current report is the fourth and fifth (combined) report for the reasons mentioned above. This document has been prepared in the light of the general guidelines concerning the form and content of reports submitted by States parties in accordance with article 18 of the Convention, adopted by the Committee on the Elimination of Discrimination against Women to ensure that the reports are presented in a uniform manner, and the guidelines for the preparation of other periodic reports set out in document CEDAW/C/7.

The first part of the report contains general information about Ukraine. Statistical data are provided, as well as a short description of the social and economic situation, data about the national machinery, the structures established to implement the Convention — which Ukraine, as a party to the Convention, is obliged to do — and specific information concerning legislation to ensure the economic, social, cultural, civil and political rights of women.

The report contains informational and statistical material covering the period since the independence of Ukraine. It uses new statistical data and information from ministries, agencies, organs of State executive power and women’s non-governmental organizations on questions relating to the elimination of all forms of discrimination against women.

I. Basic data and characteristics

A. Ukraine and its population, social and demographic data

In 1991, the people of Ukraine, in accordance with the International Covenant on Economic, Social and Cultural Rights, exercised their right to self-determination. This became possible after the collapse of the Union of Soviet Socialist Republics, as a result of which Ukraine invoked the previously proclaimed article 69 of the Constitution of the Ukrainian SSR concerning the right to self-determination to the point of seceding from the USSR. The status of Ukraine under international law changed in principle and it became an independent sovereign State. Article 1 of the Constitution of Ukraine, which was adopted by the Verkhovna Rada (Parliament) of Ukraine at its fifth session on 28 June 1996, describes Ukraine as “a sovereign and independent, democratic, social State based on the rule of law”.

Territory. Ukraine occupies a territory of 603,700 square kilometres. It comprises the Crimean Autonomous Republic, 24 regions, 490 administrative districts, 448 towns, 896 urban settlements and 28,794 villages. The sovereignty of Ukraine extends throughout its territory. Ukraine is a unitary State. The territory of Ukraine within its current frontiers is indivisible and inviolable (article 2 of the Constitution of Ukraine).

Population. As of 1 January 1998, the population comprised 50.5 million people, 23.5 million males (47 per cent) and 27.0 million females (53 per cent). The urban population comprised 34.3 million people, and the rural population 16.2 million. The population density was 83.7 per square kilometre.

Age structure of the population. Children under 16 years of age make up 20.7 per cent of the population of Ukraine; the able-bodied population (males: 16 to 59 years of age; females: 16 to 54 years of age) makes up 56.1 per cent; and citizens of pensionable age 23.2 per cent.

National composition of the population. According to the 1989 census (no population census has been taken since Ukraine became independent) more than 110 nationalities and ethnic groups live in Ukrainian territory. Ukrainians make up 72.7 per cent of the total population, Russians 21.1 per cent, and representatives of other nationalities 6.2 per cent.

The majority of the population of Ukraine regards Ukrainian as its native language. Ukrainians and Russians are concerned to keep the language of their nationality. This is also characteristic of the Hungarians (96 per cent), the Crimean Tatars (93 per cent), the Gagauz (80 per cent), the Moldavians (78 per cent), the Azerbaijanis (72 per cent), the Bulgars (70 per cent), the Romanians (62 per cent) and the Gypsies (59 per cent), that is to say those nationalities which live in large ethnic groups among the indigenous population. Of 14 million families, three quarters are of a single nationality; members of the remaining families belong to different nationalities. Almost 81 per cent of the families belonging to a single nationality are Ukrainian. This is particularly characteristic of rural areas where the national composition of the population is more uniform and there is greater adherence to national traditions.

Educational level of the population. According to the 1989 census, 34.8 million people 15 years of age and older had secondary (complete or incomplete) or higher education, in other words 86.2 per cent of the population in that age group. Of these, 18.8 million were female and 16 million male.

The relative proportion of specialists with higher or secondary specialized education is 29.9 per cent (12 million people); the proportion of those with secondary education (complete or incomplete) is 49.5 per cent (20 million people). Of these, 6.7 million and 9.8 million respectively are female, and 5.3 million and 10.2 million male.

B. Statistical data

Demographic situation. On 1 January 1998, 27 million females were living in the territory of Ukraine, comprising 53 per cent of the overall population. Of these, more than 12 million were employed in social production, that is to say almost 50 per cent of the total number employed.

At the beginning of 1998, to every 1,000 males there were 1,148 females (1,141 in urban areas and 1,176 in rural areas). Of young people 16 to 29 years of age, 49.2 per cent were female.

The complex demographic situation has been determined, above all, by a decline in the birth rate, the level of which in Ukraine, as early as the second half of the 1960s, was below the rate for the simple replacement of the population. The overall birth rate declined from 12.7 in 1990 to 9.6 in 1995 and 8.7 in 1997 (per 1,000 of the population). In 1990, the birth rate in urban and rural areas was the same. Subsequently, with the overall decline in the birth rate, there was a rapid decline in urban areas. In rural areas it was 11.1 in 1995 and 10.3 in 1997. In urban areas it was 8.8 and 8.0 respectively.

The development of marriage and family relations is characterized by a consistent increase in the number of children born out of wedlock. In 1992, the proportion of children born outside registered marriages was 12.1 per cent of the total number of births; in 1993, it was 13.0 per cent, in 1994, 12.8 per cent, in 1995, 13.2 per cent, and in 1996, 13.6 per cent (in 1990 this figure was 11.2 per cent). The birth rate of children born out of wedlock to young women under 20 years of age is increasing.

While the number of children born out of wedlock in rural areas prior to 1993 consistently exceeded that in urban areas (12.4 per cent and 12.0 per cent respectively in 1992), in 1993, the situation changed radically: 12.8 per cent in rural areas and 13.1 per cent in urban areas. These indicators were, respectively, 12.6 per cent and 13 per cent in 1994 and 13.4 per cent and 12.8 per cent in 1995. In 1996, they were almost the same: 13.8 per cent in urban areas and 13.3 per cent in rural areas.

The many planned changes in economic and social life during the process of reform and the economic and political instability are affecting the birth rate. Despite the fact that in 1997 the number of women of the most fertile age group (20 to 29 years) had increased by 6,536 (or 0.2 per cent) in 1997 compared with 1994, there was still a steady tendency towards a decline in the birth rate.

A decline in the standard of living and the uncertainty of young families about the future are reflected in a significant decline in the number of births of second and third children. The proportion of children per 1,000 women 15 to 49 years of age born in 1990 was 54.6 per cent; in 1991, the proportion was 52.2 per cent, in 1992 48.1 per cent, in 1993 44.4 per cent, in 1994 41.2 per cent, in 1995 38.7 per cent, and in 1996 36.6 per cent.

Starting in 1991, for the first time in the post-war years, the death rate in the territory of Ukraine began to exceed the birth rate. In 1993, the number of deaths exceeded the number of births by almost 184,200, in 1994 by 243,100, in 1995 by 299,700, in 1996 by 309,500 and in 1997 by 311,600. A natural population decline was noted in 25 regions of the country, in which 95.1 per cent of the population lives.

The overall death rate rose from 12.1 deaths per 1,000 of the population in 1990 to 15.2 in 1996. In 1997, this indicator was 14.9 (12.9 in urban areas and 19.0 in rural areas). Various factors account for the increase in the death rate, but the main causes recently have been diseases of the circulatory system, neoplasms, accidents, suicide and murder. The death rate among males is significantly higher than that among females and this results in a difference between the life expectancy of males and that of females. In 1995-1996, the life expectancy of females was 11.1 years greater than that for males, at 67.2 years.

One of the most important problems is still the death rate among young people. Since 1991, a tendency towards an increase in that rate has been noted. The number of deaths of children under one year of age was 12.8 per 1,000 births in 1990, 13.9 in 1991, 14.0 in 1992, 14.9 in 1993, 14.5 in 1994 and 14.7 in 1995; there was a slight decline in this figure to 14.3 in 1996, and a further decline to 14.0 in 1997.

A significant number of children in Ukraine are living in single-parent families, as a rule with the mother. According to the data compiled from the 1989 population census, there were 1.9 million such families (13.5 per cent of the total number of families).

Migration. According to the data compiled from the 1989 population census, 6.8 million Ukrainians were living in the USSR. Today, 6.5 million Ukrainians are living in the countries of the Commonwealth of Independent States and 200,000 in the Baltic countries.

As a result of the intensive process of returning deported peoples, today more than 250,000 Crimean Tatars and approximately 12,000 Bulgars, Armenians, Greeks and Germans have been returned to the Crimean Autonomous Republic and are living there. The female population among the repatriates is approximately 70,000.

Since 1 January 1995, a register has been drawn up of those who have requested to be granted the status of refugees.

A decline in the real income of the population is accompanied by an increase in the proportion of charged services resulting from a relative reduction in the volume of State budget appropriations for the aforementioned spheres and a sharp increase in rates for them and, as a consequence, a reduction in accessibility for broad sectors of the population.

In Ukraine, according to the data compiled in State statistical budgetary surveys, the proportion of expenditure on food (including alcoholic beverages) increased from 35.6 per cent of total income in 1989 to 58.3 per cent in 1995 and 62.2 per cent in 1996. Expenditure on housing and public utilities is increasing (4.1 per cent of total income in 1995, 5.8 per cent in 1996, and 7 per cent in 1997).

The quality of the population’s nutrition has deteriorated. In all regions of Ukraine, there has been a significant increase in the number of families in whose food basket the number of products, in particular meat products, has decreased. The most unfortunate consequence of undernutrition is the deterioration in the health of young women — future mothers, pregnant women and nursing mothers.

A deficiency of iodine and a number of other microelements (copper, manganese and iron) in food products and drinking water in a number of regions of Ukraine is leading to miscarriages, myxoedema, goitre and the appearance of congenital abnormalities in children. In Ukraine, there are 14,389,000 people living in areas where there is a low level of iodine in the soil.

In families where the average income per person is below the poverty line,^[1] expenditure on food was 74.5 per cent of total income in 1996 and 79.5 per cent in 1997.

Health. In conditions of a transition to a market economy, the real volume of expenditure on health care has declined significantly. Today, the proportion of gross domestic product devoted to such expenditure is 5.9 per cent. The state of health of the population has deteriorated as a result of the unfavourable environmental situation, which has been aggravated by the accident at the Chernobyl Nuclear Power Plant, the unsatisfactory working and living conditions and genetic predisposition, as well as the deterioration in the material and technical basis of health care institutions, the acute shortage of current diagnostic and medical equipment and medicines and the often low qualifications of the medical personnel.

In 1996 one of every six families, and in 1997 one of every eight families, consumed less than 2 kg. of meat products a month per family member (according to the data compiled in selected surveys of family budgets carried out by the State statistical organs).

The unsatisfactory system of disseminating information on all aspects of family planning, the low level of sexual awareness among the population and people’s lack of knowledge about their own reproductive behaviour have led to a situation in which the most widely spread means of birth control is still the artificial termination of pregnancy — abortion. In various regions of Ukraine, the index of abortions fluctuated between 24 and 74 per 1,000 women of child-bearing age in 1997.

Although the number of abortions officially recorded in Ukraine in the past five years has decreased (in 1997, 597,000 abortions were recorded, or 46.7 per 1,000 women of child-bearing age), the ratio of live births to the number of abortions remains high (144:100).

According to statistical data, during the period from 1990 to 1997 the morbidity rate among children declined (106,642 cases per 100,000 children in 1990 and 106,246 in 1997). However, while the overall rate declined, the incidence of certain groups of diseases increased steadily: neoplasms increased 1.6 times, diseases of the blood and blood-producing organs 1.9 times, psychic disorders 1.2 times, diseases of the digestive organs 1.3 times, diseases of the urogenital system 1.8 times, diseases of the circulatory system 1.6 times, and diseases of the bone and muscular system 1.6 times.

An unfortunate epidemic of venereal and other diseases, including AIDS, is developing in Ukraine.

Inadequate budget financing of public health is resulting in the curtailment of State guaranteed medical assistance to women and children. For this reason, there are difficulties in implementing the long-term programme for the improvement of the situation of women and the family and the protection of mothers and children, and the development of a network of children’s health institutions.

State expenditure on the maintenance and development of pre-school and other institutions for children is also being reduced. In 1990 there were 24,500 such institutions, in 1995 21,400, and in 1996 20,200, including 1,500 institutions which were not operating throughout the year. In 1990, 57 per cent of children of pre-school age attended pre-school institutions; in 1994 the figure was 44 per cent, and in 1996 it was 41 per cent.

Unemployment. In July 1991, the registration of the unemployed and citizens seeking work was officially introduced. The number of people who applied to the unemployment service for work was 531,500 in 1991 (July to December), 445,800 in 1994, 821,300 in 1996, and 1,062,900 in 1997.

The number of registered unemployed persons increased more than 90 times (from 7,000 on 1 January 1992 to 637,100 on 1 January 1998. The level of unemployment in Ukraine (the ratio of the number of registered unemployed to the able-bodied population) was 2.33 per cent on 1 January 1998 — 3.16 per cent in the case of females and 1.55 per cent in the case of males.

In all regions of Ukraine, the level of unemployment among females is significantly higher than that among males. As of 1 January 1998, 65.4 per cent of all registered unemployed persons in Ukraine were female.

C. National machinery to ensure equality between women and men

There are several structures at State level dealing with the problems of improving the situation of women and raising their status in society. The Cabinet of Ministers includes a Department on Women’s Affairs and Protection of the Family, Mothers and Children, which, in collaboration with ministries, social organizations and experts, is working on measures to provide social and legal guarantees of equal opportunities for women and men in the sphere of work and social protection, to raise the status of the family in society, to create favourable conditions for the formation of responsible attitudes towards parental obligations, to improve the system of State assistance for families with children, and other measures to support the family.

During the twelfth Verkhovna Rada (Parliament) (1990-1994), which was elected after the declaration of independence by Ukraine, a Standing Committee worked on questions relating to women and the protection of the family, mothers and children. The thirteenth Verkhovna Rada (Parliament) (1994-1998) established a Subcommittee on the Legal Status of Women, the Family and Children within the framework of the Committee on Human Rights, National Minorities and Relations between Nationalities.

The fourteenth Verkhovna Rada (Parliament), which commenced its work on 12 May 1998, has a Committee on Public Health, Mothers and Children.

The Ministry of the Family and Youth was established by presidential decree, in 1996, to implement State policy on the family, women, young people and children. One of its main tasks is to define a general strategy and priorities for State policy with regard to the family, women, young people and children throughout the territory of Ukraine and to formulate specific measures to improve the situation of women and create equal opportunities for men and women in every aspect of social activity.

An important role within the Ministry is occupied by the Directorate for Women’s Affairs, which comprises two sections. One deals with social and legal work among women and the other with assistance for women in public and cultural activities.

The Ministry also has a Coordination Council on Questions relating to Women and an Equal Opportunities Council (Gender Council). They provide a link between State bodies and social institutions in resolving women’s problems.

The Cabinet of Ministers of Ukraine approved the National Plan of Action for the years 1997-2000 to improve the situation of women in Ukraine and to expand their role in society (decision No. 993 of the Cabinet of Ministers of Ukraine of 8 September 1997). The Ministry of the Family and Youth of Ukraine, together with other ministries and departments and women’s social organizations, has drawn up a draft Concept on improving the situation of women and a draft Declaration on general principles of State policy concerning the family and women. The drafts were prepared in line with the provisions of the Beijing Declaration and Platform for Action adopted at the Fourth World Conference on Women, held in Beijing in 1995, the Convention on the Elimination of All Forms of Discrimination against Women and the recommendations of the parliamentary hearings on the question in the Verkhovna Rada (Parliament) in July 1995. When these draft measures are introduced, the result will be:

– More effective use by women of the legal system to protect their personal rights;

– Increased competitiveness by women in the labour market and the improved adjustment of women to the new economic conditions;

– The creation of conditions for safe motherhood;

– Greater participation by women in political and economic decision-making at all levels;

– The prevention of violence against women.

An active component of local government is women’s organizations and women’s charitable funds, which operate either within local government substructures or solely as social organizations.

Cooperation between women’s organizations and government structures is one of the principal ways in which a society of equal opportunities for women and men will be achieved in Ukraine.

There are many factors involved in building a democratic and social State governed by the rule of law in Ukraine. It will be achieved only if new political and legal institutions are created to be responsible, inter alia, for guaranteeing the equal status of women vis-à-vis men in all spheres of social activity.

II. Review (article by article) of the implementation of the Convention

Part I

Article 2

Men and women in Ukraine have the full range of social, economic, political and individual rights and freedoms.

The principle of the equality of rights of men and women is embodied in the Constitution of Ukraine, the Code on Marriage and the Family, the Code of Labour Laws, the Criminal Code, the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Offences, the Employment Act, and other pieces of legislation.

Pursuant to article 24 of the Constitution, citizens are guaranteed equal rights and freedoms regardless of their sex. Women and men have equal rights and freedoms and equal opportunities of exercising them. Exercise of these rights by women is guaranteed by providing them with equal opportunities vis-à-vis men in socio-political and cultural activities, in education and vocational training, and in work and remuneration for work, by applying special measures for the protection of women’s work and health and for the provision of pension benefits, and by creating the conditions to enable women to combine work with maternity, as well as by furnishing legal protection and material and moral support for mothers and children, including paid leave and other benefits for pregnant women and mothers.

It is a duty of all State organs, public associations and officials to respect the individual and protect human rights and freedoms and civil rights in Ukraine.

The Constitution bases the rights of both men and women on the principle that all people are equal in dignity. Every person is entitled to have his dignity respected by a society in which the freedom and inviolability of the individual are the foundation of human dignity. Women who are citizens of Ukraine are entitled to legal protection against violations of their honour and their dignity, life and health, personal freedom and property.

According to article 55 of the Constitution, every citizen is entitled to seek protection of his rights and freedoms before the relevant international legal institutions or the appropriate organs of international organizations of which Ukraine is a member or in which it participates, provided that all the national possibilities of legal protection have been exhausted.

The Constitution of Ukraine guarantees all citizens the right to legal protection and legal assistance (art. 59).

The provisions of the Constitution are given concrete expression in other sections of the legislation in force.

The Criminal Code of Ukraine addresses the problems of the elimination of discrimination against women in a number of legal rules, including the following:

Article 99 establishes liability for causing a woman who is in a state of material or other dependence on another person to commit suicide by treating her cruelly or systematically humiliating her;

Article 110 establishes liability for forcing a woman to have an abortion if an abortion results from such action;

Article 117 establishes liability for rape, in other words forcing a woman to have sexual relations by means of physical violence or threats or by rendering her unconscious, and for rape committed by a group of persons, or rape producing serious consequences;

Articles 118 and 119 establish liability for forcing a woman into a sexual relationship with a person on whom she is materially dependent or a person who is her superior at work, and for the satisfaction of sexual passion by perverted means involving the use of physical violence or threats, or by rendering the victim unconscious;

Article 126 establishes liability for insulting behaviour, in other words a deliberate attack in an obscene manner on a woman’s honour and dignity;

Articles 127 to 129 establish liability for obstruction by violence, deception, threats, bribery or any other means of the free exercise of the right to participate in referendums and elections;

Article 134 establishes liability for refusing to recruit a woman on the grounds that she is pregnant or refusing to recruit a mother who is breastfeeding a child, and for reducing a woman’s wages or dismissing her for those same reasons.

Pursuant to article 16 of the Code of Criminal Procedure of Ukraine, legal proceedings in criminal cases are conducted in accordance with the principle of the equality of rights of citizens before the law and the courts regardless of their sex and other circumstances.

Under article 4 of the Code of Civil Procedure of Ukraine, both men and women are entitled to have recourse to the courts, in accordance with the procedure established by law, for protection of a violated or disputed right or an interest protected by law.

Ukraine’s legislation accords every citizen the right to have recourse to the courts if he believes that his rights or freedoms have been violated by an unlawful action or decision of a State organ, institution or enterprise or an organ of local self-government or an official thereof.

Pursuant to the Act on the Office of the Public Prosecutor, any infringement of the law (including acts violating women’s rights) may be challenged by the Public Prosecutor. The agencies of the Public Prosecutor’s Office protect civil rights and freedoms, within the limits of their jurisdiction, on the basis of the principle of the equality of citizens before the law regardless of their sex or other characteristics.

Article 3

In Ukraine, every citizen (male or female) enjoys the full range of social, economic, political and individual rights and freedoms proclaimed and guaranteed by the Constitution and the laws of Ukraine (art. 24 of the Constitution).

Article 38 of the Constitution guarantees the universal development and advancement of women in the political sphere. Female citizens are entitled to take part in the management of State affairs and in national and local referendums and freely to elect and be elected to organs of State power and organs of local self-government.

Freedom of association, which is an inalienable human right, is guaranteed by the Constitution and legislation of Ukraine. The State facilitates the conduct of political and public activities and creative initiatives and establishes equal conditions for the activities of associations formed for such purposes.

Article 6 of the Civil Association Act states that civil associations shall be formed and function on the basis of the voluntary participation and equality of rights of their members (participants), self-management, legality and transparency. They are free to choose the areas of their activity.

No citizen may be compelled to join any civil association. Membership or non-membership of such an association may not serve as grounds for limiting rights or freedoms or for the provision by the State of any privileges or advantages.

An important place among the human rights proclaimed in the Constitution is occupied by the group of social and economic rights, which includes the right to work, the right to housing, the right to an adequate standard of living for oneself and one’s family, the right to own property, the right to engage in business activities, and a number of other rights. They form the basis of the economic independence of the individual (male or female) and determine the general conditions of people’s life in society.

The possession of property is the foundation of a person’s economic freedom. The Constitution states that every citizen is entitled to own, use and dispose of his or her property.

Various forms of ownership exist in Ukraine: private, State, and communal. All forms of ownership enjoy equal rights. All owners of property (male or female) are guaranteed equal conditions for the exercise of their rights.

No one may be deprived of his or her personal property except by decision of a court. The State guarantees the right to bequeath property.

With due regard to the Constitution, Ukraine has drafted a new civil code designed to satisfy the needs of its citizens more fully. Pending the enactment of this new code, special laws are being adopted on specific questions in order to ensure that civil legislation is adapted to the requirements of the development of a market economy; these laws include the Property Act and the Economic Partnerships Act.

The right of citizens under Ukrainian legislation to participate in cultural life is established in the Constitution, as well as in the Basic Provision of the Legislation of Ukraine on culture. The Constitution guarantees to men and women the right to avail themselves of the achievements of culture. That right is secured by the development and even distribution of cultural establishments, television, radio, book publishing, the library network, and so forth. Every person is entitled to make use of the treasures of Ukrainian and world culture in State and public holdings. Everyone must be concerned for the preservation of the historic and cultural heritage of the country.

In accordance with articles 2, 3, 5 and 6 of the Basic Provisions of the Legislation of Ukraine on culture, all Ukrainian citizens, regardless of their sex are guaranteed freedom of creative activity: the free choice of any form of cultural activity, of the means and areas for applying their creative abilities and the freedom to decide independently what is done with their output; the carrying out of professional and amateur activity on an individual or collective basis, either independently or with the assistance of various forms of intermediary; the creation of cultural establishments, enterprises and organizations; the freedom to form unions of creative artists, national cultural societies, funds, associations, and other social entities active in the field of culture; the right to preserve and develop national cultural individuality, and national traditions and customs; the right of access to cultural treasures; the right to the protection of intellectual property; the right to receive special education.

Article 4

The labour rights of citizens are protected by the Constitution of Ukraine, the Code of Labour Laws of Ukraine, the Ukrainian Protection of Labour Act and other legislative enactments. Women in Ukraine have rights equal to those of men to work, to remuneration, to rest and to social protection.

The legislation of Ukraine provides for protection of women, not only as workers but also as women and mothers.

The labour legislation of Ukraine specifies that pregnant women with children up to three years of age are entitled to be transferred to lighter work or to work that does not adversely affect their health or the future of their child. At the same time, the earnings of women at their previous place of employment are protected. If it is impossible at the production plant to find lighter or non-harmful work for such a woman, she may be released from work while retaining her average earnings for all the days on which she does not work (article 178 of the Code of Labour Laws).

The legislation of Ukraine also prohibits night work by women who are pregnant or have a child up to three years of age; in other cases, as an exception, night work for women is possible only in branches of employment where such work is especially necessary and is permitted as a temporary measure. In addition, there are clearly defined prohibitions and limitations on overtime work by women, working on days off and the assignment of women to mission travel (articles 176 and 177 of the Code of Labour Laws).

A further aspect that is designed to safeguard the rights of mothers is the granting to women of maternity leave and leave of absence to care for a child (until the child reaches the age of three years). This right is regulated by articles 179 to 181 of the Ukrainian Code of Labour Laws. Under those articles, a woman has a total leave entitlement of 140 calendar days on full pay. On the expiry of that period, if the woman so wishes, the time off to enable her to care for her child may be extended until the child reaches the age of three years, but that period of leave is not on full pay. The total period of leave counts towards length of service. A series of different payments are available in Ukraine for the material support of mother and child, but the amounts for specific assistance are insignificant and cannot be regarded as adequate to ensure a minimum standard of living.

Ensuring a woman’s guaranteed right to employment and her protection against dismissal from employment on the grounds of pregnancy or maternity leave is an indirectly related problem resulting from a woman’s physiological capacity for childbearing. Legal standards relating to these safeguards are included in the Criminal Code of Ukraine. Thus, an official who ignores the legal requirements on that matter may be held criminally liable under articles 133 and 134 of the Criminal Code of Ukraine. In practice there is a penalty enshrined in law in the event of failure to comply with the provisions of article 184 of the Ukrainian Code of Labour Laws on “guarantees on the employment and prohibition of the dismissal of pregnant women and women with children”.

Article 5

The public information activities of appropriate State structures and the mass media are designed to overcome stereotypical notions of the status and role of women in society and the family.

The Ukrainian national television company gives continuous coverage in its programmes to problems relating to the family, mothers and children, the creation of appropriate conditions to enable women to participate in the construction of an independent Ukraine, to live a full life, bring up children and enjoy health care and relaxation. Educational programmes which explain Ukrainian legislation and the standards of international law relating to the family, women, young people and children are broadcast by the television channel Pravo, such as Feedback, You ask, we answer, and the television news programme People and the law. Materials on the status of women in Ukraine have been prepared at the request of international environmental organizations for use in the context of international meetings, seminars and conferences. Such subjects, in particular those related to the Chernobyl disaster and its impact on women and children were sent to be shown at the NGO Forum on Women in Beijing.

The National Radio Company of Ukraine gives major coverage to the subject of improving the status of women and enhancing their role in society. The company prepares commentaries, interviews and reports with the participation of academic contributors, politicians, sociologists, historians and experts on social issues, who, referring to specific examples, discuss the influence of women on the social and political, economic and spiritual life of the State. The participants in the programme Bereginya, which is broadcast twice a month, include psychologists and medical workers who raise problems of extending the active lifespan of women and preserving a healthy psychological climate in families. Editions of Bereginya are devoted to the historical role of women in Ukrainian society. In the programme Business bulletin there are regular interviews with successful businesswomen. The radio programme Theme for the day tells listeners about the destiny and tastes of women. In a special transmission entitled Pravo, lawyers give advice to listeners on issues of women’s rights.

Throughout 1997, the Ukrainian National State Public Information Agency prepared a series of reports, interviews and commentaries on questions relating to the implementation of the National Plan of Action for 1997-2000 to enhance the status of women in Ukraine and promote their role in society.

In order to carry out the long-term programme for the enhancement of the status of women and the family and the protection of mothers and children, the Ministry of Information of Ukraine has drawn up recommendations for the Committee on the Press and Information, the committees of the Council of Ministers of the autonomous Republic of Crimea, and the public information committees of the regional and Kiev and Sevastopol municipal State administrations.

The mass information media regularly discuss the measures being taken by the President of Ukraine, the Government of Ukraine, the Verkhovna Rada (Parliament) of Ukraine, the central and local organs of executive power and social organizations to address women’s problems.

Article 6

Today, the facts concerning traffic in women, which are not of a uniform character, have become widely known. Under the guise of creative and artistic enterprises, tourist groups draw Ukrainian women out of the country and subsequently sell them to brothels, and, in a significant number of cases, this takes place against their direct wishes through deception and fraud.

According to data compiled by the Ministry of the Interior of Ukraine, during the years 1995 to 1997, 16 such incidents were recorded. According to information provided by the Interpol office in Ukraine, in 1996 Ukrainian law enforcement agencies received a number of reports from other countries concerning traffic in young women and Ukrainian nationals being coerced into engaging in prostitution. In 1997, 77 inquiries, reports and communications were sent by law enforcement agencies in Ukraine and by the Interpol national office in Ukraine to foreign countries, through the operational system of the Interpol national office in Ukraine, concerning 123 people who had been arrested or charged in connection with the commission of crimes related to prostitution and traffic in women.

On 24 March 1998, the Verkhovna Rada (Parliament) of Ukraine adopted a Ukrainian law “On the revision of certain legislative acts of Ukraine in connection with the adoption of the Ukrainian law on revisions and additions to the Code on Marriage and the Family of Ukraine”. In connection with this law, an additional article 124 was inserted into the Criminal Code of Ukraine, entitled “Traffic in persons”, the provisions of which are as follows: the overt or covert seizure of a person in connection with the legal or illegal transfer of that person, with or without that person’s consent, over the State frontier of Ukraine, or otherwise, for the subsequent sale or other paid transfer for the purposes of sexual exploitation, use in the pornography business, involvement in criminal activity, enticement into debt bondage, adoption for commercial purposes, utilization in armed conflicts, or exploitation of the person’s labour is punishable by deprivation of freedom for a period of from three to eight years with or without the confiscation of property. The same acts committed in connection with a minor or several persons, on repeated occasions, by prior agreement with a group of persons or by making use of an official position or a person on whom the victim is materially or otherwise dependent are punishable by deprivation of freedom for a period of from five to ten years, with or without the confiscation of property. The acts specified in paragraphs 1 and 2 of this article, when committed by an organized group, or in connection with the illegal removal of children out of the country or the failure to return them to Ukraine, or for the purposes of the removal from the victim of organs or tissue for transplants or forced blood donations, or when they result in serious consequences, are punishable by deprivation of freedom for a period of from eight to fifteen years with confiscation of property.

Article 7 of the Criminal Code, “Concept of a serious crime”, which lists serious crimes, includes a provision concerning “traffic in persons”.

In Ukraine, engaging in prostitution is regarded as a disturbance of the peace (chapter 14 of the Code of Administrative Offences of Ukraine).

An analysis of the situation with regard to administrative offences connected with prostitution shows that during the past seven years the number of such offences increased from 572 in 1991 to 730 in 1997, in other words by 27.6 per cent. During this period, the number of people against whom administrative proceedings were brought for engaging in prostitution also increased (from 563 to 676, or by 20.1 per cent). This had an impact on the increase, from 513 to 994 (93.8 per cent), in the number of persons brought to account for engaging in prostitution.

In a situation where the removal of women out of the country is becoming widespread, a special State service is being established to prevent such incidents.

The Ministry for Family Affairs and Youth of Ukraine has assumed responsibility for, and taken the initiative with regard to, the coordination of the activities of various executive organs with a view to preventing traffic in women.

In regional departments of the Ministry of Internal Affairs, special units are engaged in combating prostitution, drug addiction and traffic in persons. Their responsibilities also include checking advertisements concerning the employment of women and sexual services.

All firms which invite citizens of Ukraine to work outside the country must have a permit from the Ministry of Labour and Social Policy authorizing them to engage in that activity.

The Ministry of Foreign Affairs has an operational response department, the staff of which responds rapidly to the problems encountered by Ukrainian citizens who find themselves in complicated situations abroad.

Apart from the activities of government agencies, non-governmental organizations also take action aimed at preventing traffic in women and the sexual exploitation of women. Among these organizations, special mention must be made of the International Women’s Legal Defence Centre La Strada-Ukraina, which has been working since 1997 on activities connected with the La Strada programme for the prevention of traffic in women in the countries of Central and Eastern Europe. La Strada-Ukraina has set itself the task of drawing the attention of the public and representatives of State agencies to the problem of traffic in women and to the question of the flagrant violation of fundamental human rights.

Part II

Article 7

One of the priority categories of individual rights and freedoms in Ukraine provided for in the Constitution is that of political rights and freedoms.

Citizens of Ukraine have the right to participate in the administration of State affairs and in the discussion of national and local laws and decisions.

This right is ensured by the opportunity to elect and be elected to organs of State power and organs of local self-government and to participate in national and local referendums. Citizens enjoy an equal right of access to the civil service and to service in organs of local self-government (article 38 of the Constitution).

Citizens have the right to participate in referendums and elections from 18 years of age; the age at which they have the right to be elected depends on the type of election. For instance, citizens who have attained the age of 21 years may be elected national deputies; a citizen of Ukraine who has attained the age of 35 years, has the right to vote and speaks the official State language may be elected President of Ukraine. That is to say, all citizens, regardless of their sex, enjoy equal electoral rights.

Article 36 of the Constitution, which proclaims the right of citizens of Ukraine to join political parties, ensures the equality of opportunity of women to participate in the political life of the community. Political parties are established and act on the basis of voluntary participation, equality of rights, self-administration and glasnost.

Apart from the Constitution, the electoral rights of citizens are set forth in Ukrainian laws, including the laws “On the election of national deputies”, “On the election of the President of Ukraine” and “On national and local referendums”.

The legislative acts of Ukraine do not contain any discriminatory standards or restrictions concerning the participation of women in the political life of the country. In the elections of deputies to the Verkhovna Rada (Parliament) of Ukraine in 1998, 36 women were elected, comprising 8 per cent of the total number of deputies (in 1990 to 1994 there were 13, and in 1994 to 1998 there were 19).

The problem of parity in the representation and participation of women in the political and social life of the country is not that there is an inadequate number of existing legal standards, but that there is a lack of machinery to ensure the equal representation of women and men in all elected organs.

Of the 435 leaders and deputy leaders of the central organs of executive power, 27, or 6.7 per cent, are women, and of the 712 leaders of organs of executive power relating to categories 1 to 3, nine, or 1.3 per cent, are women. There are no women among the heads of the regional and Kiev and Sebastopol city State administrations, and there are only four women among the deputy heads of those State administrations. Of the total number of heads of district State administrations, five, or 1 per cent, are women.

Women are active in the civil service in Ukraine. Approximately 165,000 women are employed as civil servants. In this connection, it has been noted that there is a trend towards an increase in the number of women in the civil service: women constituted 70.8 per cent of the total number of civil servants in 1996, and 71.9 per cent in 1997. The proportion of women at the managerial level is 49.5 per cent; in 1996 it was 48.3 per cent. Among the specialists, the proportions are 80.5 per cent and 79.1 per cent.

Women are socially active through their participation in the activities of social organizations and public associations. The exercise of that right is not subject to any restriction (Ukrainian law “On civil associations”), except as established by law and in the interests of security (article 36 of the Constitution of Ukraine). Social organizations carry out their activities to achieve their aims and objectives on their own, independently of State agencies.

The Ministry of Justice of Ukraine has registered more than 20 national and international women’s organizations. These include the international organization Zhenskaya Hromada, the Union of Women of Ukraine, the Union of Ukrainian Women, the Lybyd International Federation of Businesswomen, and the 50/50 League of Women Voters of Ukraine.

Unions of women with professional and creative interests, committees of soldiers’ mothers, organizations of large families, and charitable children’s funds are also active, and clubs for professional and businesswomen are being established.

Article 8

Ukrainian legislation does not contain any discriminatory provisions affecting the right of women to represent the Government of Ukraine and the State at the international level.

The legislation and regulations on recruitment to diplomatic and other work in the central machinery of the Ministry of Foreign Affairs and its overseas offices and on the promotion of personnel are based on the principle that equal demands shall be made on all staff members regardless of their sex.

In practice, however, only a very small number of Ukrainian women are employed in international organizations on diplomatic duties with diplomatic status.

Some positive changes have occurred in recent times, and there is a fairly perceptible upward trend in the numbers of women holding diplomatic posts, as well as a tendency to eliminate stereotyped attitudes towards women, as can be seen from the increasing numbers of women holding managerial posts and their more rapid promotion.

In 1998, for the first time in the history of Ukraine, a woman was appointed ambassador (to Switzerland). The central machinery of the Ministry of Foreign Affairs now has 71 women holding diplomatic posts — a figure which represents 21 per cent of the total diplomatic staff (as against 12.4 per cent in 1995) — eight of them in managerial posts. The most senior post is head of a department. There are 29 women working in the overseas offices of the Ministry of Foreign Affairs, representing 6 per cent of the total diplomatic staff (in 1995 the figure was 3 per cent). The most senior post is ambassador.

Article 9

Ukrainian citizenship establishes a permanent legal connection between an individual and the Ukrainian State, which is reflected in their reciprocal rights and duties. The right to a nationality is an essential human right. Nobody may be deprived of his nationality or of the right to change it. The Ukrainian State guarantees the protection of the rights, freedoms and interests of its citizens.

The Constitution (art. 4) and the Citizenship Act provide for single citizenship. The Act also defines, the grounds and procedure for acquiring and losing Ukrainian citizenship.

Ukraine protects and cares for its citizens abroad, in accordance with article 8 of the Citizenship Act. If a Ukrainian citizen is permanently or temporarily resident outside Ukraine he does not lose his Ukrainian citizenship (arts. 7 and 8 of the Act).

Pursuant to article 6 of the Act, the marriage of a Ukrainian citizen with a person of foreign nationality or with a stateless person, or the dissolution of such a marriage, has no effect on his or her citizenship. A change of nationality by one of the spouses does not entail a change of nationality for the other.

A child whose parents hold Ukrainian nationality at the time of his birth is a Ukrainian citizen regardless of whether he is born in the territory of Ukraine or beyond its borders (art. 12 of the Act).

Articles 14 and 15 of the Act provide that a child born in the territory of Ukraine to stateless persons permanently resident in the territory of Ukraine or a child living in Ukrainian territory whose parents are unknown is a citizen of Ukraine.

Children aged under 16 have the nationality of their parents, but children aged 16 to 18 whose parents change their nationality or who are adopted may have their nationality changed only with their consent (arts. 21 and 27 of the Act).

If one parent becomes a Ukrainian national but the other remains a foreign national, their child may obtain Ukrainian citizenship at the request of the parent acquiring such citizenship, with the consent of the other parent (art. 23 of the Act).

If one parent gives up his or her Ukrainian citizenship, the child remains a Ukrainian citizen. At the request of the parent giving up Ukrainian citizenship and with the consent of the parent retaining such citizenship, the child may be permitted to change his nationality (art. 25 of the Act).

Part III

Article 10

Women have the same rights as men with regard to access to education and receipt of certificates of education in institutions of all categories in both urban and rural areas, except in the case of certain occupations in which women’s health may be at risk. Women account for the majority of graduates of secondary schools and of students in higher educational establishments. They have the same access as men to courses and examinations, to teachers with the same qualifications, to the same quality of study accommodation and equipment, and to the same grants and other kinds of material assistance for educational purposes.

In contrast with the situation in secondary and higher education significantly fewer women than men take advantage of the opportunity to upgrade their qualifications; this undoubtedly diminishes their competitiveness in the labour market. The reluctance of women in this area is due primarily to social and economic causes.

Female students who for various reasons (including pregnancy, childbirth, and illness) are unable to take courses without interruption are granted leave from their studies on the terms and in accordance with the procedure defined by law. In addition, female students who for various reasons leave an educational institution are entitled to resume their studies in accordance with the procedure established by law.

Pursuant to the Constitution of Ukraine (art. 53) and the Education Act (art. 3, para. 1; art. 35, paras. 1 and 2; art. 37) girl pupils (children and adolescents) are educated in general education schools, vocational schools for social rehabilitation, or at home. The extensive network of evening secondary schools enables all citizens to obtain secondary education without any restrictions based on their sex. Students studying in this way receive the standard certificate of education.

Since women in Ukraine have better educational qualifications than men, they outnumber men among workers with higher education. For the whole of Ukraine, the number of women with higher education among the permanent members of the scheduled labour force as at 1 January 1997 exceeded the number of men (20.5 and 16.8 per cent respectively), but there are wide differences between sectors. For example, in forestry, construction and supply of materials and machinery the proportion of women with higher education significantly exceeds that of men, while in management, finance and credit, and health there are 1.5 to 2 times fewer women with higher education than men, although more than 70 per cent of the persons working in these sectors are women.

Citizens of Ukraine have equal rights and opportunities to engage in sports and physical training (Physical Culture and Sports Act). The basic purpose of physical culture and sports is constantly to improve the health and physical and spiritual development of the people and to promote the economic and social advancement of society.

The State provides the necessary assistance, benefits and guarantees for individual categories of citizens, including the disabled, to enable them to exercise their rights with regard to physical culture and sports in rural areas and it creates the necessary conditions for rural workers and members of their families to engage in physical culture and sports.

The State guarantees the provision of free and preferential physical education services for children, including orphans and abandoned children, children suffering as a result of the Chernobyl disaster, children from large or poor families, and disabled children. Free and preferential physical education services are also provided for children of pre-school age, students in general education and vocational schools, and war veterans and persons in a similar situation, and preferential treatment is also accorded to other categories of citizens (art. 4 of the Physical Culture and Sports Act).

Ukraine recognizes that the fundamental indicators of the state of physical culture and sports are the standard of health and physical development of the various strata of the population, the degree to which physical culture is used in various spheres of activity, the level of development of the system of physical education and independent mass sporting activities, the great achievements of Ukrainian sportsmen in various sports, the numbers of qualified sports teachers, and the volume of sports installations and equipment (art. 6 of the Act).

Physical education activities are designed to maintain and enhance the health of people employed in production, education and the social services. The basic areas of physical education activities in these spheres are defined in the State programme for the development of physical culture and sports in Ukraine.

The people’s health is a comprehensive indicator of the country’s social development, a reflection of its socio-economic and moral condition, and a powerful factor in shaping the demographic, economic, labour and cultural potential of society. Family planning is an important factor in maintaining women’s health, reducing maternal and child deaths, and improving the general situation.

In order to provide a comprehensive solution to the problems of family planning and maintenance of women’s health, the Cabinet of Ministers adopted Decision No. 736 of 13 September 1995 on the National Family Planning Programme and Decision No. 325 of 14 April 1997 on measures for the implementation of the National Family Planning Programme.

Women of various ages and from various social groups are represented on an equal footing with men in all types of sporting activity.

Both women and men enter sporting competitions in their age groups in accordance with the sports classification. More than 600 women hold the title of Honorary Master of Sport and have won medals and awards in the Olympic Games and world and European championships. Many of them have received the title of Honorary Trainer of Ukraine and other State awards.

Article 11

The equal rights of women and men to work is ensured by the basic law of the State — the Constitution of Ukraine (article 43), which affords women equal opportunities with men to earn their living by work which they freely choose or to which they freely agree.

The State guarantees equal opportunities in the choice of profession and employment, and implements vocational training programmes and programmes for the training and retraining of personnel according to the needs of society. The use of forced labour is prohibited.

Women have the right to safe and healthy working conditions and to remuneration no lower than that prescribed by law.

The Ukrainian Employment Act specifies the legal, economic and organizational bases for the employment of the population and its protection from unemployment, as well as social guarantees from the State in implementation of the right of citizens to work.

The guarantees of the right to employment on a non-discriminatory basis are expanded by the provisions of article 22 of the Code of Labour Laws, which prohibits “the unjustified refusal to offer employment” and, referring to the Constitution, prohibits “any direct or indirect restriction of rights or the establishment of any indirect advantages when offering employment”.

The State’s policy concerning the employment of the population is based on the principle that all citizens, regardless of their sex, should have equal opportunities in the exercise of the right to the free choice of employment (article 2 of the Code of Labour Laws of Ukraine).

The employment service guarantees full assistance to all those of working age, depending on their abilities, qualifications and education and the situation of the labour market.

The Code of Labour Laws of Ukraine prohibits the employment of women on “arduous work or work which involves harmful or dangerous working conditions”. The legislation of Ukraine also sets out the rules for the employment of women on work connected with the lifting and movement of heavy loads. On 10 December 1993 the Ministry of Health of Ukraine adopted Order No. 241, which established the maximum permissible load to be moved by a worker when alternating such work with other employment (up to twice an hour) as being no more than 10 kg., and when moving loads throughout a work shift 7 kg.; it also specified that the overall weight to be moved during a shift was 350 kg. from a work surface and 175 kg. from the floor. These standards were agreed with the Ministry of Labour and Social Policy and the Trade Union Federation of Ukraine.

One example of the development of Ukrainian legislation towards the elimination of discrimination against women is the granting to women of the right to be recruited into the military provided that they are fit for military service and have an appropriate specialized occupation. In accordance with Decision No. 711 of 14 November 1994 of the Cabinet of Ministers of Ukraine, which approved a list of some thirty specialized occupations, women who have one of those specialized occupations and are fit for military service can be recruited into the military. This decision confirms the right of women to employment in the system of the Armed Forces of Ukraine.

Article 94 of the Code of Labour Laws prohibits any “reduction in payment for work” based on age, sex, race or other personal affiliation.

The situation currently prevailing in Ukraine is a consequence of the general economic crisis, which involves virtually all branches of the economy. Although women still predominate among manual and clerical workers in such branches of the economy as health (82 per cent), trade (77 per cent), education (75 per cent), culture (70 per cent) and insurance and pension benefits (74 per cent), they do not hold managerial posts. On 1 January 1997, 48 per cent of the total number of men in the civil service and 18 per cent of the women were in managerial posts.

Ukrainian legislation provides a significant number of social guarantees and benefits in respect of unemployment, sickness and disability.

Pension benefits in Ukraine are regulated by the Pension Benefits Act adopted on 5 November 1991, which entered into force in April 1992. This Act retained a considerable number of regulations which had been included in pension legislation during the Soviet period. The Act retained the principle of entitlement to a pension on the basis of age, specifying the lower limit. For women, the qualifying age for entitlement to a pension is 55 years, five years lower than that for men. However, according to the Act, there is a significant category of working women who may receive a pension benefit earlier than the age indicated above when there has been a specified period of employment on types of work listed in the Act. This list includes types of work which are defined in the Act as difficult and work which involves an abnormal or too great an expenditure of time (for example: milkmaids, tractor drivers and machine operators and road and construction machine operators). This also applies to women who work in agriculture and who have given birth to and raised five or more children, and mothers of large families who have given birth to five or more children and have raised them up to eight years of age. Where these factors exist, women may be entitled to a pension earlier: for this group of women workers, the minimum eligible age is 50 years and the total period of employment in one of the specified types of work must be no less than 20 years. According to articles 13 and 17 of the aforementioned Act, women working in agricultural production who have raised five or more children are entitled to an old-age pension on preferential terms, irrespective of the place of their last employment and irrespective of their age and period of employment, in accordance with a system established by the Cabinet of Ministers of Ukraine.

Women who have given birth to five or more children and raised them up to eight years of age and mothers of disabled children who have raised them up to that age are entitled to an old-age pension on attaining 50 years of age and after having been employed for a period of no less than 15 years.

Article 12

The basic law of Ukraine — the Constitution — and other legislative acts establish equal rights for women and men, including the right to health care (article 49 of the Constitution).

The National Family Planning Programme adopted in 1995 promoted the development of a network of family planning institutions at all levels. Regional family planning centres have already been established in 22 of the 25 regions.

The number of women using modern methods of contraception has increased. In 1997 and 1998 Family Planning Weeks were held in Ukraine.

In Ukraine free medical services are provided for women during pregnancy, childbirth and the post-natal period.

The proportion of pregnant women who are monitored by midwife-gynaecologists in clinics is rather high in the early stages (up to three months into the pregnancy) — 74.6 per cent.

Virtually all births take place in hospital conditions, but in recent years there has been an increasing number of births at home. In 1996, there were more than 3,000 such births, and in 1997 the number increased by 20 per cent.

Article 13

According to the third paragraph of article 51 of the Constitution of Ukraine, “the family, childhood, motherhood and fatherhood are under the protection of the State”.

The Ukrainian Act on State assistance to families with children establishes a guaranteed State level of economic assistance to families with children through the provision of assistance on the basis of such factors as the size of the family, its income and the age and state of health of the children.

The system of State support for families with children includes the following benefits:

– Maternity benefits (pregnancy and childbirth);

– A one-time benefit on the birth of a child;

– A child-care allowance until the child attains three years of age;

– Monetary allowances to mothers (fathers) caring for three or more children up to 16 years of age;

– A child-care allowance for the care of a disabled child;

– An allowance in the event of temporary inability to work in order to care for a sick child;

– Children’s allowances for children up to 16 years of age (18 years of age in the case of students);

– Allowances for the children of single mothers;

– Allowances for the children of those on fixed-term military service;

– Allowances for children under the care of a guardian or in foster care;

– Temporary allowances for minor children whose parents evade payment of maintenance or for whom it is impossible to collect maintenance.

Women who have lost their jobs in connection with the closing of an enterprise, organization or institution, women who have registered with the State employment service as unemployed for no less than 10 months, and women graduating from higher educational establishments, technical schools and industrial training schools are granted allowances during the period of pregnancy, confinement and child-care leave until the child reaches his or her third birthday on the same basis as working women.

State allowances granted to families with children are not subject to taxation.

In the cultural sphere, all citizens (male and female) have the right to the free choice of any type of cultural activity, to the means to exercise their creative abilities and the sphere of application of those abilities, to access to cultural values, to specialized education and to creative freedom (article 5 of the Fundamental Law of Ukraine on culture).

Cultural and artistic institutions in Ukraine pay considerable attention to the organization of meaningful family leave, leisure time for young people and children, and the development of amateur popular artistic events, which help to improve the situation of women, make them more active in public activities and enhance their role in the community. Women’s clubs and public interest associations promote the development of the artistic abilities and the self-awareness of women in the community, as well as solutions to women’s problems.

Exhibitions have been held in State museums on the topics of “Women’s participation in the establishment of the State of Ukraine”, “Women in the history of Ukraine”, “Women in Ukrainian art” and “The history of the feminist movement”.

In 1997, the network of club-type cultural institutions forming part of the system of the Ministry of Culture and Art of Ukraine declined by 1,196 units and now comprises 18,520 institutions. The average indicator of the number of creative artists for every club-type cultural institution is 1.8.

In order to improve the situation, it essential that decisions should be taken at the State level to resolve the question of preferential taxation for the cultural sector, to adopt a law on non-profit organizations and to put a stop to the practice of reducing budgetary appropriations for culture.

Article 14

The aims of the agrarian reform being carried out in Ukraine are the comprehensive restructuring of the agrarian sector on the basis of a mixed-economy agriculture, the introduction of private ownership of the means of production and the establishment of an effective market economy on that basis.

The State gives priority to the social development of rural areas and the agro-industrial complex by establishing the necessary resource base to meet the comprehensive production needs and develop the social infrastructure; guiding demographic policy towards changes in the migration processes in favour of rural areas and establishing the social and economic conditions for the natural growth of the rural population and the all-round development of the family; training and enhancing the skills of specialists and key personnel in the major occupations for all branches and sectors of production activity; and creating equal opportunities for all citizens (male and female) permanently residing and working in rural localities in order to meet the social, cultural, educational and domestic needs (Ukrainian Act on the priority of social development of rural areas and the agro-industrial complex in the national economy).

The economic, social and legal bases for the establishment and working of peasant (farmers’) holdings are established by the Ukrainian Peasant (Farmers’) Holdings Act. The Act guarantees the right of citizens (male and female) to the voluntary establishment of such holdings, the independence of their management, equality with other forms of activity in the agro-industrial complex, and the equality of those working on peasant (farmers’) holdings with those working in other spheres of the national economy.

Rural areas are given preference over urban areas (per head of the population) in the construction of housing and educational, cultural and sports establishments, health care, consumer services, trade, gasification, water and electricity supply, provision of telephone services, communications, community facilities and radio and television services, and the level of medical, cultural, sports, community and consumer services, transport and trade services has risen in accordance with scientifically based standards (article 10 of the Ukrainian Act on the priority of social development of rural areas and the agro-industrial complex in the national economy).

Ukrainian legislation establishes preferential rates for the use of electrical power by the rural population.

There are 16.4 million people living in rural areas. The overwhelming majority of the rural population consists of women — 8.7 million (or 53.5 per cent) — who comprise the most unprotected sector of the population.

In recent years there has been a decline in Ukraine in the proportion of women in rural areas who are of working age (in 1990, the proportion was 42.3 per cent; in 1997, it was 40 per cent).

The working conditions of women engaged in modern agricultural production (crop production and livestock breeding) are far from optimal and are characterized by the influence on the organism of a complicated and unstable complex of production factors of a physical, chemical and biological nature, conditioned by the specific features of production.

Compared with 1990-1991, the complex of production factors which shape the working conditions of women engaged in livestock breeding have remained virtually unchanged. A decline in the level of mechanization and an increase in the proportion of heavy physical labour have been noted. There has been a significant increase in the number of women engaged in livestock breeding (especially up to 40 years of age) who describe their work as “very arduous”. There has also been an increase in the number of those who register a high degree of fatigue in production.

The specific feature of crop production, in which the work of women continues to be widespread, is that the proportion of all workers engaged in so-called “miscellaneous occupations”, in other words those carrying out manual labour requiring low skills or auxiliary labour on machinery and mechanisms, is high and is now over 60 per cent. In crop production, the physical component of women’s labour has increased considerably.

In the conditions of the new economic relations, the main output of agricultural production is coming from new organizational work units — farming by individual owners, family farms and tenant farming. The new forms of economic activity lead to an intensification of the workload, especially at certain seasons of the year. Women of various ages and states of health and adolescents are, as a rule, employed in such units. In this area, women are employed on low-skilled jobs, mainly manual labour. This increases the degree of risk of injury to their health.

The social and economic crisis, which affects almost all spheres of life of the community, has resulted in the closure in rural areas of pre-school institutions, canteens, shops, bath houses and consumer service establishments. The daily living conditions of rural women workers are deteriorating and, as a consequence, the daily load is increasing.

Certain adverse changes have been noted in recent years in the level of medical services for the rural population in general, and for women, in particular.

Part IV

Article 15

In accordance with article 24 of the Constitution of Ukraine, all citizens of Ukraine are equal before the law.

In accordance with article 16 of the Code of Criminal Procedure of Ukraine, court proceedings in criminal matters are conducted on the basis of the principle of the equality of citizens before the law and the court, regardless of their sex.

Article 9 of the Civil Code of Ukraine establishes that the capacity to enjoy civil rights and obligations (civil legal capacity) is recognized on a basis of equality for all citizens of Ukraine (regardless of their sex or other circumstances). The legal capacity of a citizen (male or female) begins at the moment of birth and ends after death.

In accordance with article 12 of the Civil Code of Ukraine, the legal capacity or competency of any person (male or female) cannot be restricted except in a situation or in a manner specified by law. Agreements designed to restrict legal capacity are null and void.

Article 4 of the Code of Civil Procedure of Ukraine establishes that any interested party (either male or female) is entitled to have recourse to the courts in accordance with the system established by law in defence of a right which has been violated or challenged or of an interest protected by law.

Ukrainian legislation does not allow for any restrictions on the movement of citizens (both male and female) or on their freedom to choose their place of residence and domicile.

The system of passports and residence permits which was in existence in the former USSR for a long period of time constituted a major obstacle to the excercise by citizens of their right to choose their domicile and occupation, since acceptance for employment was dependent upon the holding of a residence permit for a given locality. In 1991, the new text of article 25 of the Code of Labour Laws of Ukraine entered into force, under which it is forbidden to request a person registering for work to provide documents which are not required by law, including information concerning a residence permit.

Article 16

In Ukraine, marriage and family relations are governed by the Ukrainian Code on Marriage and the Family. In the past several years, the Code has been substantially amended.

The right to enter into marriage is an inalienable, natural and fundamental right of men and women. The legal system governing entering into marriage is based on the principles of voluntary participation, the free choice of a partner and the full consent of the parties entering into the marriage. Article 3 of the Ukrainian Code on Marriage and the Family, reflecting the provisions of the Constitution of Ukraine, establishes the equality of the individual and property rights of men and women in family relations. Article 15 of the Code states: “In order to enter into marriage, there must be mutual consent of the parties entering into the marriage and they must have attained marriageable age”.

Article 19 of the Code gives a woman the right to take the man’s family name or to keep her own maiden name. By mutual agreement of the married couple, their joint family name may be the maiden name of the woman. Article 21 of the Code guarantees each of the spouses the right to the free choice of occupation or profession and the right to the free choice of place of residence.

Article 38 of the Code, which establishes the unconditional right of a woman to dissolve a marriage, also includes the following provision: “a man does not have the right, without the consent of his wife, to institute proceedings for the dissolution of a marriage when the wife is pregnant and for one year following the birth of a child”.

A whole chapter of the Code (chapter 6) is devoted to the regulation of the property rights of a married couple. This chapter regulates in detail and consistently the rights and obligations of a married couple concerning joint property, both during the marriage and at its dissolution. The main principle underlying this chapter is the second part of article 22, which states: “Spouses shall enjoy equal rights to property even if one of them was engaged in housekeeping or child care or for other valid reasons did not have independent earnings”.

Article 27 of the Code established only the opportunity to enter into a marriage contract. On 16 June 1993, the Cabinet of Ministers of Ukraine adopted Decision No. 457 on the procedure for the conclusion of a marriage contract, which regulates the procedure for the conclusion of a marriage contract and the conditions thereof.

Annex

List of legislation adopted in Ukraine between 1992 and 1998 to enforce the Convention on the Elimination of All Forms of Discrimination against Women

1. Constitution of Ukraine (28 June 1996).

2. On State assistance to families with children, 21 November 1992, No. 2811-XII.

3. On revisions and additions to the Ukrainian Act on the priority of social development of rural areas and the agro-industrial complex in the Ukrainian national economy. Ukrainian Law of 15 May 1992, No. 2346-XII.

4. On citizens’ associations. Ukrainian Law of 16 June 1992, No. 2460-XII.

5. On labour protection. Ukrainian Law of 14 October 1992, No. 2694-XII.

6. On promotion of social integration and development of young people in Ukraine. Ukrainian Law of 5 February 1993, No. 2998-XII.

7. On preliminary detention. Ukrainian Law of 30 June 1993, No. 3352-XII.

8. On revisions to the Code of Labour Laws of Ukraine in connection with the establishment of a 40-hour work week. Ukrainian Law of 17 November 1993, No. 3610-XII.

9. On the civil service. Ukrainian Law of 16 December 1993, No. 3723-XII.

10. On physical culture and sport. Ukrainian Law of 24 December 1993, No. 3808-XII.

11. On the procedure for departure from and entry into Ukraine by citizens of Ukraine. Ukrainian Law of 21 January 1994, No. 3857-XII.

12. On remuneration of labour. Ukrainian Law of 24 March 1995, No. 108/95-VR.

13. On tourism. Ukrainian Law of 15 September 1995, No. 324/95-VR.

14. On vacations. Ukrainian Law of 15 September 1996. No. 505/96-VR.

15. On revisions to the Ukrainian Citizenship Act. Ukrainian Law of 16 April 1997, No. 210/97-VR.

16. On revisions to the Ukrainian Employment Act. Ukrainian Law of 21 November 1997, No. 665/97-VR.

17. On AIDS prevention and the protection of society. Ukrainian Law of 3 March 1998, No. 155/98-VR.

18. On revisions to certain Ukrainian legislative acts in connection with the adoption of the Ukrainian Act on revisions and additions to the Code on Marriage and the Family of Ukraine. Ukrainian Law of 24 March 1998, No. 210/98-VR.

19. On revisions, concerning vacations, to the Code of Labour Laws of Ukraine. Ukrainian Law of 18 September 1998, No. 117-XIV.

20. On confirmation of the provisions concerning passports of Ukrainian citizens and birth certificates. Decision of the Verkhovna Rada (Parliament) of Ukraine of 2 September 1993, No. 3423-XI.

21. On the recommendations of the participants in the parliamentary hearings on the implementation in Ukraine of the United Nations Convention on the Elimination of All Forms of Discrimination against Women. Decision of the Verkhovna Rada (Parliament) of Ukraine of 12 July 1995, No. 298/95-VR.

22. On the activities of the Cabinet of Ministers of Ukraine concerning implementation of the State youth policy. Decision of the Verkhovna Rada (Parliament) of Ukraine of 11 February 1997, No. 57/97-VR.

23. On provisions concerning the Ukrainian Ministry for Family Affairs and Youth. Decree of the President of Ukraine of 4 December 1996, No. 1164/96.

24. On the creation of the “Order of Princess Olga” decoration of the President of Ukraine. Decree of the President of Ukraine of 15 August 1997, No. 827/97.

25. On the basic directions of social policy in the period 1997-2000. Decree of the President of Ukraine of 18 October 1997, No. 1166/97.

26. On the long-term programme for the improvement of the status of women and the family and the protection of mothers and children. Decision of the Cabinet of Ministers of Ukraine of 28 July 1992, No. 431.

27. On grants for pupils, undergraduates, students at educational establishments, and for graduates studying for the degree of candidate or doctor. Decision of the Cabinet of Ministers of Ukraine of 26 January 1993, No. 50.

28. On types of earnings (income) to be taken into account in deductions of maintenance payments. Decision of the Cabinet of Ministers of Ukraine of 26 February 1993, No. 146.

29. On the procedure for the conclusion of a marriage contract. Decision of the Cabinet of Ministers of Ukraine of 16 June 1993, No. 457.

30. On confirmation of the list of specialized occupations for which women with suitable training may be recruited into the military. Decision of the Cabinet of Ministers of Ukraine of 14 October 1994, No. 711.

31. On confirmation of the method of calculating average wages. Decision of the Cabinet of Ministers of Ukraine of 8 February 1995, No. 100.

32. On the National Family Planning Programme. Decision of the Cabinet of Ministers of Ukraine of 13 September 1995, No. 736.

33. On the programme for the exemption of women from employment involving arduous work and harmful conditions and restrictions on night work by women (1996-1998). Decision of the Cabinet of Ministers of Ukraine of 27 March 1996, No. 381.

34. On the increase in the grants awarded by the President of Ukraine to the most gifted young masters of art in Ukraine. Decision of the Cabinet of Ministers of Ukraine of 2 August 1996, No. 900.

35. On the establishment of the State Labour Inspectorate of the Ministry of Labour. Decision of the Cabinet of Ministers of Ukraine of 2 August 1996, No. 906.

36. On actions to develop housing construction for young people. Decision of the Cabinet of Ministers of Ukraine of 28 October 1996, No. 1300.

37. On the national programme for the improvement of labour safety and occupational hygiene and the work environment in the period 1996-2000. Decision of the Cabinet of Ministers of Ukraine of 2 November 1996, No. 1345.

38. On arrangements for allocating additional housing to persons who, as a result of the Chernobyl disaster, are suffering from any degree of radiation sickness or have become disabled, to disabled children who require special care and to families who have lost a category 1 breadwinner. Decision of the Cabinet of Ministers of Ukraine of 31 December 1996, No. 1589.

39. On the programme of employment for the period 1997-2000. Decision of the Cabinet of Ministers of Ukraine of 31 December 1996, No.1591.

40. On changes in the grants for pupils and students at higher educational establishments. Decision of the Cabinet of Ministers of Ukraine of 3 February 1997, No. 114.

41. On measures to implement the National Family Planning Programme. Decision of the Cabinet of Ministers of Ukraine of 14 April 1997, No. 325.

42. On confirmation of the new method of calculating pensions for disability caused by accident or illness and pensions connected with the loss of a breadwinner as a result of the Chernobyl disaster. Decision of the Cabinet of Ministers of Ukraine of 30 May 1997, No. 523.

43. On confirmation of the National Plan of Action for the period 1997-2000 to improve the status of women and enhance their role in society. Decision of the Cabinet of Ministers of Ukraine of 8 September 1997, No. 993.

44. On additional measures to implement the policy concerning housing for young people. Decision of the Cabinet of Ministers of Ukraine of 3 December 1997, No. 1352.

45. On the organization and convening of the all-Ukrainian scientific and practical conference on “The Protection of mothers and children in Ukraine. Problems and prospects”. Decision of the Cabinet of Ministers of Ukraine of 24 November 1997, No. 1309.

46. On calculation of the amount of assistance for temporary disability. Decision of the Cabinet of Ministers of Ukraine of 27 April 1998, No. 571.

47. On the convening of the All-Ukrainian Women’s Congress. Decision of the Cabinet of Ministers of Ukraine of 7 May 1998, No. 614.

48. Measures to enhance the protection of mothers and children. Decision of the Cabinet of Ministers of Ukraine of 4 December 1998, No. 1929.

Table 1

Economically active population of Ukraine

(according to a sample survey)

Table 2

(relating to article 11)

Number of women civil servants

* Of the total number of civil servants.

Table 3

(relating to article 11)

Wages and salaries of women employed in various sectors of the Ukrainian economy*

* Not including women employed in collective agricultural enterprises, cooperatives and small enterprises.

Table 4

(relating to article 11)

Placement of women in employment in Ukraine

Table 5

(relating to article 11)

Employment and working conditions of women

* The number of established workers includes manual and office workers and collective farm workers.

** The percentage indicates the proportion of the total number of established workers employed in the main sectors of the economy: industry, agriculture, transport, communications and construction (covered by the survey of working conditions).

Table 6

(relating to article 11)

Working conditions of women employed in the main sectors of the economy

* The total number of women employed in the main sectors of the economy includes workers in industry, agriculture, transport, communications and construction.

Table 7

(relating to article 10)

Level of education of Crimean Tatar women in the Crimean Autonomous Republic* (as of 1/1/97)

* Data provided by the State Committee on Nationalities and Migration of Ukraine based on the results of a sociological survey.

Table 8

Sex and age structure of Crimean Tatar families surveyed in Crimea in 1996 (as of 1/1/97)

Table 9

(relating to article 6)

Number of cases of rape registered and number of rapists identified and convicted

Table 10

Morbidity rate from alcoholism, drug abuse and toxicomania in Ukraine in 1996

* Per 100,000 women.

** Including those abusing non-narcotic substances.

Table 11

Average life expectancy, in years

Table 12

Maternal death rate*

(per 1,000 live births)

* According to data provided by the State Statistical Committee of Ukraine.

Table 13

Abortion rate (per 1,000 women of child-bearing age)

Table 14

(relating to article 6)

Administrative offences connected with prostitution

* According to data provided by the State Statistical Committee of Ukraine.

Table 15

(relating to article 6)

Data on offences in the sphere of domestic relations

Table 16

(relating to article 6)

Offences against women

Table 17

Death rate from suicide in Ukraine

Table 18

Population infected with HIV and suffering from AIDS (as of 1/1/98)

^[1] The poverty line, as calculated by the State Statistical Commission in accordance with the draft rules drawn up by the Ministry of Labour and Social Policy of Ukraine jointly with the State Statistical Commission of Ukraine and submitted to the Cabinet of Ministers of Ukraine on 15 November 1996 for consideration, was 45.73 hryvnya a month in 1996 and 47.14 hryvnya a month in 1997.