Ukraine introducing new homophobic law

26/07/2011
Submitted by Insight public organisation

While Ukraine had ratified numerous international and European legal acts on human rights, including UN Resolution on Sexual Orientation and Gender Identity, on June 20th 2011 Members of Parliament of Ukraine have registered a draft Law of Ukraine "On Introduction of Changes to Certain Legislative Acts of Ukraine (regarding protection of children rights on the safe information sphere)”, which is absolutely discriminatory. The draft law tends not only to break safety and fundamental human rights of lesbians, gays, bisexuals and transgenders (LGBT), but also encroaches on freedom of speech in general. This bill proposes to introduce an amendment to the Criminal Code of Ukraine, Law of Ukraine "On protection of public moral", the Law of Ukraine "On Print Mass Media (Press) in Ukraine", the Law of Ukraine "On Television and Radio", Law of Ukraine "On Publishing" regarding establishing criminal liability for "propaganda of homosexualizm". For example, the draft law establishes the liability for distribution of works and use of the public broadcasting to "propagandize homosexualizm". In fact, the bill strengthens censorship, restricts freedom of speech, which is the basis of mass media, and legalizes violence against homosexual people. Should be noted that this bill uses and aims to legalize pathological term "homosexualizm".

Explaining the necessity of introducing this law, one of the authors, Member of Ukrainian Parliament, Yevgen Tsarkov, said: “"When you read magazines, you can find there a typical homosexual propaganda – an article on same-sex love, interviews of Elton John and Boris Moisejev. [...] For such actions one was fairly sentenced to imprisonment in the Soviet Union! We want to enter the European Union, where the same-sex marriages are actively promoted. For example, in Berlin on the initiative of the City Department of Education such phenomena is explained to pupils, they get special textbooks. It's Sodom and Gomorrah!" It should be mentioned that the only criticism from Members of Parliament towards this bill consists not in condemning human rights abuses, but in inability to control sanctions fulfillment.

Homosexuality was decriminalized in 1991 in Ukraine. But today there is a rapid growth of homophobia in society, which is strengthened by the public hate speech of political and religious leaders, by incitement of violence against homosexual people.

LGBT and human rights organizations have enounced concern and anxiety about high level of homophobia among Members of Parliament, about rousing hatred towards LGBT and the absence of anti-discriminatory legislation. Activists point out that lesbians, gays, bisexual and transgender people do not require exclusive rights, but they insist on respect for common human and civil rights.




Explanatory note
to the draft Law of Ukraine "On Introduction of Changes to Certain Legislative Acts of Ukraine (regarding protection of children rights on the safe information sphere)"

1. Rationale of the Law
Draft Law of Ukraine "On Introduction of Changes to Certain Legislative Acts of Ukraine (regarding protection of children rights on the safe information sphere)" designed to strengthen anti-homosexual propaganda in Ukraine and ensure the legal framework for prosecution of violations of public order and morality of the Ukrainian society.
The spread of homosexualizm is a threat to national security, as it leads to the epidemic of HIV / AIDS and destroys the institution of family and can cause a demographic crisis.
To address these demographic challenges, it is necessary to create conditions to direct public policy to improve nation’s morals, including introduction of effective mechanisms for strengthening family values and preventing the spread of manifestations of moral depravity in the media. It is moral depravity and so-called sexual freedom promoted in Ukraine, that pose a threat to the above values - health, family institution, the constitutional rights of fathers, mothers, children, freedom of speech and religion, and stable demographic situation.

Some media, contrary to the interests of society and state, form a tolerant attitude to such phenomenon as same-sex sexual relations. It is known that any form of sexual depravity in society always leads to major social, economic and epidemiological problems.
Promoting the extreme forms of sexual immorality, Ukrainian media create conditions for the spread of AIDS epidemic in Ukraine. To stop this dangerous process, establishment of mandatory rules, which ban Ukrainian mass media to promote same-sex sexual relations in Ukraine, is needed.

Thus, freedom of speech, which underlies the media, should be limited by setting the relevant prohibitions in the legislation of Ukraine. Abuse of freedom of speech by media is the condition for establishing such prohibitions in the law.

Given the above, to counter the propaganda of homosexualizm and to ensure the legal framework, which promotes high morality of Ukrainian society, adoption of this bill is needed.


2. Purpose and objectives of the Law
Adoption of this bill is needed to establish responsibility for actions that promote same-sex sexual relations, abuse the freedom of speech or use media to promote homosexualizm.
Amendments to the Criminal Code of Ukraine aim to increase the responsibility for offences against public order and morality.

Amendments to the Law of Ukraine "On protection of public moral", the Law of Ukraine "On Print Mass Media (Press) in Ukraine", the Law of Ukraine "On Television and Radio," Law of Ukraine "On Publishing" will provide legal framework for regulation of print media, of broadcasting in order to combat propaganda of homosexualizm in the media.


3. General characteristics and basic disposition of the legal act
This bill proposes to introduce an amendment to the Law of Ukraine "On protection of public moral", the Criminal Code of Ukraine, the Law of Ukraine "On Print Mass Media (Press) in Ukraine", the Law of Ukraine "On Television and Radio", Law of Ukraine "On Publishing" regarding propaganda prohibition and establishing criminal liability for "propaganda of homosexualizm".

In addition, this bill establishes the liability for distribution of products that promote homosexualizm.

This bill proposes to introduce an amendment to the Law of Ukraine "On protection of public moral" and the Law of Ukraine "On Publishing", which define the prohibition of production, publishing and distribution of materials that promote homosexualizm.
Also, this bill tends to introduce amendments to the Law of Ukraine “On Printed Mass Media (Press) in Ukraine" and the Law of Ukraine "On Television and Radio" regarding inadmissibility of abuse of freedom by the print media and the use of broadcasting to promote homosexualizm.


4. State of the regulatory and legal framework
Implementation of this bill after its adoption doesn’t require additional amendments to other Laws of Ukraine.


5. Financial and economic substantiation
Adoption of the bill "On Introduction of Changes to Certain Legislative Acts of Ukraine (regarding protection of children rights on the safe information sphere)” doesn’t require additional expenditures of the State Budget of Ukraine.


6. Prognosis of socio-economic and other consequences of adoption of legislative act
Adoption of the draft Law of Ukraine "On Introduction of Changes to Certain Legislative Acts of Ukraine (regarding protection of children rights on the safe information sphere)” will increase effectiveness in combating propaganda of sexual perversions in Ukraine and will provide the legal basis for prosecution of people, who violate the law on protecting national security of Ukraine, public order and morality. This will eliminate social conflicts in Ukraine and will implement the strategy of protecting national security of Ukraine.


Members of Parliament of Ukraine: Y.I. Tsarkov
K.Y. Lukyanova
P.Y. Unguryan
U.S. Kovalevska
T.V. Chornovil
L.S. Grygorovych

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