Ukrainian LGBT claim Same Sex Partnership Law
10/07/2006
Submitted by
Nikolay Alekseev, Human Rights LGBT Project GayRussia.ru
Ukrainian LGBT claim Same Sex Partnership Law
The six main organizations of Ukraine have sent an open letter to their Government
Ukrainian gay and lesbian activists reacted to the proposal of the leader of the Ukrainian Greek Catholic Church to limit in the law the concept of "married couple" to a union between a man and a woman.
The letter comes after activists were accused by a newly elected MP of not being active on the issue of same-sex marriage.
Activists ask for the introduction of a same-sex partnership aside of heterosexual marriage. "We suggest (...) to introduce registered partnership for same-sex couples in Ukraine. This will allow tens of thousands of Ukrainian homosexual families to legalise themselves, to obtain social and economic rights, to feel the support and care of the state" they wrote.
The government is also asked to introduce an anti discrimination legislation on the basis of sexual orientation.
After the Moscow Pride, last may, some Ukrainian activists said that there is no need to hold a gay pride in Kiev. Historically, all gay prides in other countries have started as a political march for LGBT rights and used to get a legal recognition of homosexuals in the society.
The strategy followed in Ukraine differs widely as they have choosen a more discreet way.
Gays and lesbians are expected to form a one million plus community in the country.
Letter sent to the President Yushchenko and his Government :
President of Ukraine V. A. Yushchenko,
Verkhovna Rada of Ukraine,
Acting Prime Minister of Ukraine
Y. I. Yekhanurov,
Acting Minister of Internal Affairs of Ukraine Y. V. Lutsenko,
Acting Minister of Education and Science of Ukraine, S. M. Nikolayenko,
Acting Minister of Public Health of Ukraine Y. V. Polyachenko,
Acting Minister of Labour and Social Policy of Ukraine I. Y. Sakhan’,
Acting Minister of Ukraine for Family, Youth and Sports Y. O. Pavlenko,
Acting Minister of Justice of Ukraine
S. P. Holovatyy,
Director of the State Department on Religious Affairs I. V. Bondarchuk,
Members of the All-Ukrainian Council of Churches and Religious
Organisations
Honourable Mr. President,
Dear Member of Parliament and Government,
Holy Fathers,
Ladies and gentlemen, July 4th, 2006
We, the leaders of non-governmental and charitable organizations
working for gays and lesbians in Ukraine, appeal to you with this
letter in response to the recent initiative of His Excellency Lubomir
Huzar, Head of the Ukrainian Greek Catholic Church, which was put
forward by him on June 2nd this year at the session of the
All-Ukrainian Council of Churches & Religious Organisations. Cardinal
Huzar proposed to elaborate and adopt amendments to current
legislation, which would entrench the concept of a "married couple" as
a union exclusively between a man and a woman, and which would
legislatively define the concept of "sexual minorities". This would
allegedly serve to prevent the creation of same-sex families in
Ukraine, legalisation of same-sex marriage and up-bringing of children
in such families.
We treat all religious organizations, registered in Ukraine, with
respect and tolerance. Undoubtedly, both the Ukrainian Greek Catholic
Church and other religious organizations have the right to formulate
and publicly express their opinion on homosexuality and homosexual
behaviour. However, it is necessary to consider that any intolerant
statements can provoke incitement of hate towards homosexual citizens
and can lead to violence against them.
Some Members of Parliament from the newly elected Verkhovna Rada
believe that "the representatives of sexual minorities are not active
on the issue of same-sex marriage and do not pose appropriate demands
to the society". This view is, obviously, quite false. On the
contrary, we adhere to a consistent, active and open pro position on
this issue.
The number of gays and lesbians in our country reaches at least one
million people; the state and non-governmental organizations must not
neglect this fact. Same-sex families existed, exist and will continue
to exist in Ukraine, and homosexual citizens give birth to children
and bring them up.
Ladies and gentlemen, families are created not as a result of
registration of marriage in the registry offices and not as a result
of church ceremonies: families are born through love and are a form of
living together on the basis of mutual help and mutual respect.
Children are born into this world regardless of whether their parents
have a marriage certificate, as well as regardless of their parents'
sexual preferences. But some substantial differences distinguish a
same-sex couple from a traditional one: homosexual family doesn't
exist de-jure in our country, it exists only de-facto; homosexual
family is absolutely not protected by the Ukrainian legislation, and
as such does not receive any state support, although gays and lesbians
pay the same taxes to the state and must have the same rights as their
heterosexual co-citizens.
People of homosexual orientation are born and are raised, for the
larger part, in "traditional" families. The birth of children in
heterosexual families is not at all an obstacle for the formation of
their homosexuality. At the same time, abundant research, conducted in
the Western countries, has proved that the children in homosexual
families grow up heterosexual - approximately in the same percentage
as in the case of opposite-sex parents.
We emphasise that homosexuality is neither a disease, nor a
personality disorder, nor, moreover, a criminal offence, and demand a
civilized attitude to the people of homosexual orientation, following
the example of most countries of the free democratic world. Fully
qualified same-sex marriages or a registered partnership for same-sex
couples became a standard for developed Western countries. Out of 15
"old" EU member states marriage or registered partnership are
introduced in nine countries; out of ten "new" EU member states the
institution of registered partnership for same-sex couple is
introduced in two countries. These are current data, but every year
the number of countries, which grant their homosexual citizens support
and the right to fully qualified family relationships, is increasing.
The introduction of the institution of marriage for same-sex couples
took place in such very religious countries as Belgium and Spain, but
this did not lead to negative economic or social consequences. Even in
Catholic Italy the new government promises to adopt a law on
registered partnerships in the nearest future. Ukraine's closest
neighbour, Hungary, plans to do likewise. Granting the whole fullness
of family rights (along with appropriate responsibilities) to
homosexual partners is an obvious, logical and irreversible tendency
in democratic civil societies.
Ladies and gentlemen, current national legislation already states, "a
marriage is a family union of a woman and a man" (Article 21 of the
Family Code of Ukraine). We suggest not to revise this definition, but
to introduce registered partnership for same-sex couples in Ukraine.
This will allow tens of thousands of Ukrainian homosexual families to
legalise themselves, to obtain social and economic rights, to feel the
support and care of the state.
In order to solve this problem there is a need for the expression of
political will. The state's neglect of the pressing needs of the gay
and lesbian community will increase social tension in the society,
will slow down Ukraine's integration into the democratic European and
world community. The state should pay due attention to the
entrenchment of gay and lesbian rights also in the context of adapting
national legislation to the international legal norms. We do not need
special rights; we require a possibility to make full use of our
lawful, fundamental rights and liberties, which would be equipped with
effective means of implementation.
We cannot help mentioning the positive shifts in this direction, which
are already initiated at the level of government and parliament. Thus,
the draft of the new Labour Code of Ukraine, submitted by the Cabinet
of Ministers to be considered by the Verkhovna Rada (registration
number 1038-1), envisages a direct prohibition of discrimination in
the labour sphere on the basis of sexual orientation. Besides, the
draft law No. 8590 is being considered by the parliament, which
proposes the introduction of criminal responsibility for
discriminatory actions towards citizens on the basis of their sexual
orientation, as well as for inciting hostility or hatred to people on
the same basis.
Thus, the Ukrainian government has already initiated activity, aiming
at not allowing any discrimination on the basis of sexual orientation,
in the spirit of requirements of European Parliament Resolution on the
European Union's common strategy towards Ukraine, dated March 15th,
2001 No. C5-0208/2000-2000/2116 (COS) and in compliance with other
documents, valid for Ukraine, by European and international
institutions.
But the measures taken at the government level are so far,
regrettably, not enough.
Proceeding from the above stated, we demand:
1) to introduce a legislative prohibition of discrimination on
the basis of sexual orientation in all spheres of public life;
2) to legalise civil partnership for people of homosexual
orientation;
3) to grant homosexual families the whole fullness of social and
economic rights on a par with heterosexual married couples;
4) to recognise as valid same-sex marriages between citizens of
Ukraine or between citizens of Ukraine and foreigners, lawfully
contracted in another country, as well civil partnerships, lawfully
registered abroad;
5) to introduce state-level programmes of social support for gays
and lesbians;
6) to take into account the rights and needs of gays and lesbians
while drafting and implementing normative and legislative acts.
In the context of our demands we call upon all subjects of legislative
initiative - Members of Parliament, President and government of
Ukraine - to work out and adopt, in the nearest future, the
appropriate official decision, and upon bodies of executive power and
local self-government - to effectively implement them. In our turn, we
declare the readiness to provide all necessary assistance for their
qualified elaboration and consequent implementation.
We call upon representatives of all religious denominations to respect
our civil position and to treat us with tolerance and in the spirit of
brotherly love.
We are open for communication and are always ready to enter a
constructive dialogue with any bodies of state power, civil
institutions, political parties, religious organizations and other
unions of citizens.
We are deeply convinced that the prosperity of the society, the level
of welfare and the quality of life are in direct dependency on a
respectful attitude to every member of the society. In a democratic
country, the priority of the state policy is the securing of rights
and liberties for all people, whatever their sexual orientation is,
whatever political, ideological or religious convictions they adhere
to, in particular - the guarantee of a human being's right to life,
personal and family well-being, the freedom of speech and the freedom
of worship.
We are confident that a new 21st Century way of state thinking should
be entrenched in Ukraine, according to which citizens will not be
divided into "our own" and "alien", "good" and "bad", "right" and
"wrong", - a way of state thinking, according to which, instead, the
equality of all citizens' rights and liberties will be recognized and
implemented in practice, and human honour and dignity and full
participation will serve as the highest social values.
Yours faithfully,
Svyatoslav SHEREMET,
Gay Forum of Ukraine
Layma GEYDAR,
Women's Network
Oleg ALYOHIN,
LiGA, Nikolaev Association of gays, lesbians and bisexuals
Andriy MAYMULAKHIN,
Nash Mir (Our World) Gay and Lesbian Center
Stanislav NAUMENKO,
Gay Alliance
Anatoliy BONDARENKO,
Chas Zhyttya
GayRussia.Ru
http://www.gayrussia.ru/en/news/detail.php?ID=6232
The six main organizations of Ukraine have sent an open letter to their Government
Ukrainian gay and lesbian activists reacted to the proposal of the leader of the Ukrainian Greek Catholic Church to limit in the law the concept of "married couple" to a union between a man and a woman.
The letter comes after activists were accused by a newly elected MP of not being active on the issue of same-sex marriage.
Activists ask for the introduction of a same-sex partnership aside of heterosexual marriage. "We suggest (...) to introduce registered partnership for same-sex couples in Ukraine. This will allow tens of thousands of Ukrainian homosexual families to legalise themselves, to obtain social and economic rights, to feel the support and care of the state" they wrote.
The government is also asked to introduce an anti discrimination legislation on the basis of sexual orientation.
After the Moscow Pride, last may, some Ukrainian activists said that there is no need to hold a gay pride in Kiev. Historically, all gay prides in other countries have started as a political march for LGBT rights and used to get a legal recognition of homosexuals in the society.
The strategy followed in Ukraine differs widely as they have choosen a more discreet way.
Gays and lesbians are expected to form a one million plus community in the country.
Letter sent to the President Yushchenko and his Government :
President of Ukraine V. A. Yushchenko,
Verkhovna Rada of Ukraine,
Acting Prime Minister of Ukraine
Y. I. Yekhanurov,
Acting Minister of Internal Affairs of Ukraine Y. V. Lutsenko,
Acting Minister of Education and Science of Ukraine, S. M. Nikolayenko,
Acting Minister of Public Health of Ukraine Y. V. Polyachenko,
Acting Minister of Labour and Social Policy of Ukraine I. Y. Sakhan’,
Acting Minister of Ukraine for Family, Youth and Sports Y. O. Pavlenko,
Acting Minister of Justice of Ukraine
S. P. Holovatyy,
Director of the State Department on Religious Affairs I. V. Bondarchuk,
Members of the All-Ukrainian Council of Churches and Religious
Organisations
Honourable Mr. President,
Dear Member of Parliament and Government,
Holy Fathers,
Ladies and gentlemen, July 4th, 2006
We, the leaders of non-governmental and charitable organizations
working for gays and lesbians in Ukraine, appeal to you with this
letter in response to the recent initiative of His Excellency Lubomir
Huzar, Head of the Ukrainian Greek Catholic Church, which was put
forward by him on June 2nd this year at the session of the
All-Ukrainian Council of Churches & Religious Organisations. Cardinal
Huzar proposed to elaborate and adopt amendments to current
legislation, which would entrench the concept of a "married couple" as
a union exclusively between a man and a woman, and which would
legislatively define the concept of "sexual minorities". This would
allegedly serve to prevent the creation of same-sex families in
Ukraine, legalisation of same-sex marriage and up-bringing of children
in such families.
We treat all religious organizations, registered in Ukraine, with
respect and tolerance. Undoubtedly, both the Ukrainian Greek Catholic
Church and other religious organizations have the right to formulate
and publicly express their opinion on homosexuality and homosexual
behaviour. However, it is necessary to consider that any intolerant
statements can provoke incitement of hate towards homosexual citizens
and can lead to violence against them.
Some Members of Parliament from the newly elected Verkhovna Rada
believe that "the representatives of sexual minorities are not active
on the issue of same-sex marriage and do not pose appropriate demands
to the society". This view is, obviously, quite false. On the
contrary, we adhere to a consistent, active and open pro position on
this issue.
The number of gays and lesbians in our country reaches at least one
million people; the state and non-governmental organizations must not
neglect this fact. Same-sex families existed, exist and will continue
to exist in Ukraine, and homosexual citizens give birth to children
and bring them up.
Ladies and gentlemen, families are created not as a result of
registration of marriage in the registry offices and not as a result
of church ceremonies: families are born through love and are a form of
living together on the basis of mutual help and mutual respect.
Children are born into this world regardless of whether their parents
have a marriage certificate, as well as regardless of their parents'
sexual preferences. But some substantial differences distinguish a
same-sex couple from a traditional one: homosexual family doesn't
exist de-jure in our country, it exists only de-facto; homosexual
family is absolutely not protected by the Ukrainian legislation, and
as such does not receive any state support, although gays and lesbians
pay the same taxes to the state and must have the same rights as their
heterosexual co-citizens.
People of homosexual orientation are born and are raised, for the
larger part, in "traditional" families. The birth of children in
heterosexual families is not at all an obstacle for the formation of
their homosexuality. At the same time, abundant research, conducted in
the Western countries, has proved that the children in homosexual
families grow up heterosexual - approximately in the same percentage
as in the case of opposite-sex parents.
We emphasise that homosexuality is neither a disease, nor a
personality disorder, nor, moreover, a criminal offence, and demand a
civilized attitude to the people of homosexual orientation, following
the example of most countries of the free democratic world. Fully
qualified same-sex marriages or a registered partnership for same-sex
couples became a standard for developed Western countries. Out of 15
"old" EU member states marriage or registered partnership are
introduced in nine countries; out of ten "new" EU member states the
institution of registered partnership for same-sex couple is
introduced in two countries. These are current data, but every year
the number of countries, which grant their homosexual citizens support
and the right to fully qualified family relationships, is increasing.
The introduction of the institution of marriage for same-sex couples
took place in such very religious countries as Belgium and Spain, but
this did not lead to negative economic or social consequences. Even in
Catholic Italy the new government promises to adopt a law on
registered partnerships in the nearest future. Ukraine's closest
neighbour, Hungary, plans to do likewise. Granting the whole fullness
of family rights (along with appropriate responsibilities) to
homosexual partners is an obvious, logical and irreversible tendency
in democratic civil societies.
Ladies and gentlemen, current national legislation already states, "a
marriage is a family union of a woman and a man" (Article 21 of the
Family Code of Ukraine). We suggest not to revise this definition, but
to introduce registered partnership for same-sex couples in Ukraine.
This will allow tens of thousands of Ukrainian homosexual families to
legalise themselves, to obtain social and economic rights, to feel the
support and care of the state.
In order to solve this problem there is a need for the expression of
political will. The state's neglect of the pressing needs of the gay
and lesbian community will increase social tension in the society,
will slow down Ukraine's integration into the democratic European and
world community. The state should pay due attention to the
entrenchment of gay and lesbian rights also in the context of adapting
national legislation to the international legal norms. We do not need
special rights; we require a possibility to make full use of our
lawful, fundamental rights and liberties, which would be equipped with
effective means of implementation.
We cannot help mentioning the positive shifts in this direction, which
are already initiated at the level of government and parliament. Thus,
the draft of the new Labour Code of Ukraine, submitted by the Cabinet
of Ministers to be considered by the Verkhovna Rada (registration
number 1038-1), envisages a direct prohibition of discrimination in
the labour sphere on the basis of sexual orientation. Besides, the
draft law No. 8590 is being considered by the parliament, which
proposes the introduction of criminal responsibility for
discriminatory actions towards citizens on the basis of their sexual
orientation, as well as for inciting hostility or hatred to people on
the same basis.
Thus, the Ukrainian government has already initiated activity, aiming
at not allowing any discrimination on the basis of sexual orientation,
in the spirit of requirements of European Parliament Resolution on the
European Union's common strategy towards Ukraine, dated March 15th,
2001 No. C5-0208/2000-2000/2116 (COS) and in compliance with other
documents, valid for Ukraine, by European and international
institutions.
But the measures taken at the government level are so far,
regrettably, not enough.
Proceeding from the above stated, we demand:
1) to introduce a legislative prohibition of discrimination on
the basis of sexual orientation in all spheres of public life;
2) to legalise civil partnership for people of homosexual
orientation;
3) to grant homosexual families the whole fullness of social and
economic rights on a par with heterosexual married couples;
4) to recognise as valid same-sex marriages between citizens of
Ukraine or between citizens of Ukraine and foreigners, lawfully
contracted in another country, as well civil partnerships, lawfully
registered abroad;
5) to introduce state-level programmes of social support for gays
and lesbians;
6) to take into account the rights and needs of gays and lesbians
while drafting and implementing normative and legislative acts.
In the context of our demands we call upon all subjects of legislative
initiative - Members of Parliament, President and government of
Ukraine - to work out and adopt, in the nearest future, the
appropriate official decision, and upon bodies of executive power and
local self-government - to effectively implement them. In our turn, we
declare the readiness to provide all necessary assistance for their
qualified elaboration and consequent implementation.
We call upon representatives of all religious denominations to respect
our civil position and to treat us with tolerance and in the spirit of
brotherly love.
We are open for communication and are always ready to enter a
constructive dialogue with any bodies of state power, civil
institutions, political parties, religious organizations and other
unions of citizens.
We are deeply convinced that the prosperity of the society, the level
of welfare and the quality of life are in direct dependency on a
respectful attitude to every member of the society. In a democratic
country, the priority of the state policy is the securing of rights
and liberties for all people, whatever their sexual orientation is,
whatever political, ideological or religious convictions they adhere
to, in particular - the guarantee of a human being's right to life,
personal and family well-being, the freedom of speech and the freedom
of worship.
We are confident that a new 21st Century way of state thinking should
be entrenched in Ukraine, according to which citizens will not be
divided into "our own" and "alien", "good" and "bad", "right" and
"wrong", - a way of state thinking, according to which, instead, the
equality of all citizens' rights and liberties will be recognized and
implemented in practice, and human honour and dignity and full
participation will serve as the highest social values.
Yours faithfully,
Svyatoslav SHEREMET,
Gay Forum of Ukraine
Layma GEYDAR,
Women's Network
Oleg ALYOHIN,
LiGA, Nikolaev Association of gays, lesbians and bisexuals
Andriy MAYMULAKHIN,
Nash Mir (Our World) Gay and Lesbian Center
Stanislav NAUMENKO,
Gay Alliance
Anatoliy BONDARENKO,
Chas Zhyttya
GayRussia.Ru
http://www.gayrussia.ru/en/news/detail.php?ID=6232
