E/C.12/UKR/CO/6
Combating corruption
6.
The Committee is concerned about the extent of corruption in the State party and its
adverse impact on the enjoyment of all human rights, including economic, social and
cultural rights protected under the Covenant (art. 2, para. 1).
The State party should, as a matter of priority, address the root causes of corruption
and adopt all necessary legislative and policy measures to combat corruption and
related impunity effectively and to ensure that public affairs are conducted, in law
and in practice, in a transparent manner. The State party should also ensure that
politicians, members of parliament and national and local government officials are
aware of the economic and social costs of corruption, and that judges, prosecutors and
the police are aware of the need for strict enforcement of the law.
Anti-discrimination legal framework
7.
The Committee is concerned that the 2012 Act on the principles of preventing and
combating discrimination in Ukraine does not: (a) explicitly include all the prohibited
grounds for discrimination listed in article 2, paragraph 2, of the Covenant; (b) provide for a
definition of direct and indirect discrimination consistent with article 2, paragraph 2, of the
Covenant; (c) provide for a reversal of the burden of proof in civil proceedings; or
(d) provide for sufficient remedies for victims of discrimination, which are limited to
compensation for material and moral damage. The Committee notes that amendments
aimed at addressing the shortcomings in the current anti-discrimination legislative
framework are currently under discussion in parliament (art. 2, para. 2).
The State party should expedite the adoption of amendments to its anti-discrimination
legislation in order to ensure adequate protection against discrimination in line with
article 2, paragraph 2, of the Covenant, also taking into account the Committee’s
general comment No. 20 (2009) on non-discrimination in economic, social and cultural
rights, inter alia by:
(a)
Explicitly including all the prohibited grounds for discrimination listed
in article 2, paragraph 2, of the Covenant in its comprehensive anti-discrimination
law;
(b)
Bringing the definitions of direct and indirect discrimination into line
with the State party’s obligations under the Covenant;
(c)
Prohibiting discrimination in both public and private spheres;
(d)
Providing for a reversal of the burden of proof in civil proceedings;
(e)
Adding provisions for access to redress in cases of discrimination,
including through judicial and administrative procedures, and providing for effective
and appropriate remedies for victims of discrimination.
Discrimination against Roma
8.
The Committee remains concerned about the lack of progress in addressing the
social exclusion of, and discrimination against, Roma in the enjoyment of their rights under
the Covenant, and notes with concern that lack of personal documents further exacerbates
such discrimination. While welcoming the adoption in 2013 of the Strategy for the
Protection and Integration of the Roma national minority into Ukrainian society up to 2020
and the National Action Plan on its implementation, the Committee is concerned about the
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