Analysis of equality and non-discrimination regulation in the sphere of access to employment, services and social security: assessment of the EU Antidiscrimination Directives implementation in Ukraine

This report is prepared specifically for managers in the field of social policy, law and other related spheres. It is aimed at strengthening the expert capacity of the Government and authorities to implement anti-discrimination directives; as well as expert support of their implementation by the executive authorities in particular, the Ministry of Social Policy of Ukraine. This analytical report was prepared within the framework of the project «MSP Practices to Strengthen Expert Expertise on the Implementation of the «Anti-Discrimination» EU Directives» with the support of “Civic Synergy Project” with the assistance of the European Union and the International Renaissance Foundation under the umbrella of the Ukrainian Side of the EU-Ukraine Civil Society Platform and Ukrainian National Platform of the Eastern Partnership Civil Society Forum.

The purpose of the project «MSP Practices to Strengthen Expert Expertise on the Implementation of the «Anti-Discrimination» was to analyze the state of implementation of the three Directives: 1. Directive № 79/7/EEC of December 19, 1978, on the gradual implementation of the principle of equal opportunities for men and women in matters of social security; 2. Directive № 92/85/EEC on the taking of measures to improve the safety and health care at work of pregnant workers, workers who have recently given birth or are breastfeeding (tenth individual Directive within the Article 16 (1) of Directive 89/391 / EEC); 3. Directive № 2004/113/EU of December 13, 2004, on the implementation of the principles of equality between men and women in their access to goods and services. Apparently, the assessment of these Directives is rather complicated and demanding one and requires considerable time and appropriate qualifications. It is necessary to work out a significant part of the legislative base of Ukraine, both at the central and local levels. That is why three Directives have been processed, which at the moment are partially implemented in Ukrainian legislation. During the expert assessment it was taken into account that no document can be implemented in the same way as international documents. This is due to features, traditions, mentality; the primacy of national legislation when developing / updating international laws and norms; the recommendatory nature of accountability in national legislation, but not the requirements of the exact copying of the Recommendations and Directives.

The summarized results of the study on the project.

Науково-достідний інститут Unicef Європейський союз Civil Society Forum Карітас України international renaissance foundation Європейська соціальна мережа