Secretariat of Ukrainian Parliament Commissioner for Human Rights
During the days of the Forum several speakers questioned direct enforceability of
the Declaration and its non-binding nature. As a general note, I would like to remark
that the Declaration can and should be implemented not only directly but also
indirectly. The direct way encompasses immediate application of the Declaration’s
provisions and policy drafting and realisation. And it is in this way that it becomes
problematized with the non-binding nature of the Declaration itself. The indirect
way, however, manifests itself through setting-up of such institutional
arrangements, invoke process and priorities that meet the Declaration’s standards
and further its goals. I would like to exemplify by a short account of the work done by
the Ukrainian Parliament Commissioner for Human Rights, the actuary that I
represent.
According to Article 10 of the recently adopted law of Ukraine on Fundamentals of
Preventing and Combating Discrimination in Ukraine, the Commissioner has been
designated as the main anti-discrimination body of national level. From the incipient
of the law the Commissioner has taken an active part in its drafting providing the
government with expertise on strengthening the mechanism for its practical
application, namely restitution of the rights violated due to discrimination, fear and
compensation to the victims, endue a proportion of penalties for perpetrators. The
work on improving the law continues as currently the ministry of justice of Ukraine,
together with the Commissioner, are working on a bill that will not only introduce a
number of drastic changes to the said anti-discrimination law in force, and
accordance with international and European standards, but will also detail the norms
establishing a positive obligation of the state to implement positive or affirmative
actions and reasonable accommodation for the minority communities that require
them.
This proactive legislative activity of the Commissioner goes well inline with the
Declaration and the Forum’s recommendations concerning the level of protection
that should be accorded to national or ethnic religious and linguistic minorities and
the roles of […] this field. Further, unequivocally supporting the values of
non-discrimination on the grounds of ethnic origin, creed and language enshrined in
the Declaration. The Commissioner has been actively engaged in promoting them.
First and foremost through organising and delivering trainings on practical provisions
of the anti-discrimination law to members of the national government authorities,
judiciary, and representatives of local governments. Such trainings have been
prepared for the ministry of justice, ministry of social policy, ministry of culture,
ministry of education and science, ministry healthcare and state judicial
administration.
And it is in the course of this training that the Declaration and the principles contain
therein get brought up and popularised. Also, the Commissioner is currently working
towards setting up and anti-discrimination educational program that will be
delivered on a regulate basis. Thank you for your attention.