Positive discrimination in Ukraine

Abstract

In this article the principle of equality as a fundamental principle of law is analyzed and its relationship with the phenomenon of positive discrimination is defined. The legal positions of the Constitutional Court of Ukraine on the abovementioned principle, in particular, on its non-absolute nature and features of its law enforcement in Ukraine are studied. The article describes the practice of the European Court of Human Rights in the field of ensuring equality of people, including the establishment of a legitimate goal for the application of certain forms of positive discrimination. The main forms of positive discrimination for certain groups of people and on certain grounds (sex, age, ethnic origin, health status, etc.) are analyzed. The authors paid special attention to the analysis of positive discrimination measures applied to persons with dis-abilities, including the ones in the field of labor. The authors conclude that nowadays in Ukraine discrimination on the grounds of age is of particular importance, which is a prerequisite for the introduction of certain forms of positive discrimination. Taking into account the fact that one of the most common forms of discrimination in Abstract European countries is discrimination on the grounds of sex, the article focuses on the issue of positive discrimination against women. The authors analyze the practice of some European countries in the field of gender equality and identify possible forms of positive discrimination on the grounds of sex in Ukraine. In the context of ensuring the principle of equality, discrimination on the grounds of ethnic origin is characterized. The practice of some European countries on entrenching the principle of equality and certain forms of positive discrimination is analyzed. The authors came to a conclusion considering the imperfection of legal regulation in the field of positive discrimination in Ukraine and provided some ways of its improvement.