LAW OF UKRAINE ON PRINCIPLES OF PREVENTING AND COUNTERACTI DISCRIMINATION IN UKRAINE

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LAW OF UKRAINE

ON PRINCIPLES OF PREVENTING AND COUNTERACTING DISCRIMINATION IN UKRAINE

This Law defines organizational and legal principles of preventing and counteracting discrimination aimed at securing equal opportunities for the exercise of human and civil rights and freedoms.

Section I. General provisions

Article 1. Definition of Terms

1. The terms used herein shall have the following meanings:

1) "anti-discrimination expert appraisal" shall be understood as the analysis of draft regulatory acts, as a result of which an opinion is issued on their conformity with the principle of non-discrimination'

2) “discrimination” shall be understood as a situation, in which an individual and/or a group of individuals faces restrictions of recognition, exercise or enjoyment of rights and freedoms in any form specified by this Law on the basis of their race, skin color, political, religious and other convictions, sex, age, disability, ethnic and social origin, citizenship, family and property status, place of residence, linguistic or other features, which were, are or can be actual or assumed, (hereinafter referred to as “certain features”), unless the restriction has a legitimate and objectively reasonable objective with means of attainment of the said objective being appropriate and necessary;

3) “indirect discrimination” shall be understood as a situation, in which the implementation or the application of formally neutral legal provisions, assessment criteria, rules, requirements or practices results in less favorable conditions or situations for an individual and/or a group of individuals on the basis of their certain features, unless the implementation or the application thereof has a legitimate and objectively reasonable objective with means of attainment of the said objective being appropriate and necessary;

4) "incitement to discrimination" shall be understood as indications, instructions or appeals to the discrimination against an individual and/or group on the basis of their certain features;

5) “affirmative action” (verbatim translation - “positive action”) shall be understood as special temporary measures to be legitimate, objectively reasonable goal aimed at removing legal or de facto inequality in opportunities for individual and / or group exercise of equal rights and freedoms granted to them by the Constitution and laws of Ukraine;

5-1) “aiding and abetting discrimination” (verbatim translation - “aiding discrimination”) shall be understood as any deliberate assistance in the commission of acts or omissions directed at origin discrimination;

6) “direct discrimination” shall be understood as a situation in which an individual

and/or a group of individuals are treated less favorably than another person or a group of persons because of their specific characteristics, unless such treatment has a legitimate and objectively reasonable objective with means of attainment of the said objective being appropriate and necessary.

7) “oppression” shall be understood as unwanted for an individual and/or a group of individuals treatment, the purpose or effect of which is the humiliation of human dignity based on certain features, or the creation of tense, hostile, offensive or derogatory attitude about an individual and/or a group of individuals.

Date: 2015-02-03; view: 1034