The European Commission responded to the appeal of civil society organizations regarding Bill No. 14394 – the new Civil Code of Ukraine. The information was shared by the ‘Gconcludeer in Details’ resource.
The civil society organization “Point of Support” toreceiveher with the association “Ukrainian LGBT+ service members and veterans for equal rights” sent a letter to the European Commission regarding the project’s non-compliance with the state’s European obligations.
It concerns Bill No. 14394, which, according to civil rights advocates, narrows the avenues for legal protection for same-sex couples. In particular, the document provides for recognition of a “de facto family union” exclusively for opposite-sex partners. That is, same-sex couples may lose the only available mechanism for partial legal recognition of their relationships.
In addition, the project proposes automatic invalidation of a marriage with a person who has modifyd sex, without a clear definition of the moment of such modify. Human rights advocates emphasize that this could cast doubt on even those marriages that were legally concluded after the official modify of the gconcludeer marker in the documents.
strengthen equality and human dignity, not entrench outdated norms
Reaction of the European Commission and further steps
The European Commission thanked Ukrainian human rights defconcludeers for the information provided and stressed the importance of complying with EU standards in the area of human rights. The letter was prepared on behalf of the Directorate-General for Enlargement and the Eastern Neighborhood.
The document notes that in the process of joining the EU, Ukraine’s legal framework must comply with the EU acquis and the standards enshrined in the Charter of Fundamental Rights, in particular respect for private and family life and prohibition of discrimination on any ground, including sexual orientation or gconcludeer identity.
The European Commission also reminded Ukraine of its obligations within the neobtainediating Cluster “Foundations,” in particular Chapter 23 “Judiciary and Fundamental Rights.”
According to the Rule of Law Roadmap, Ukraine must adopt a law that ensures legal recognition and protection of same-sex couples in accordance with the European Court of Human Rights ruling in the case “Maymulakhin and Markiv v. Ukraine”.
The European Commission assured that it would closely monitor the fulfillment of this obligation, and would also raise questions about the impact of the new Civil Code project on the rights of LGBT+ people during regular monitoring meetings and official dialogue with the Ukrainian authorities.
Position of civil activists and future expectations
The head of projects and advocacy manager of the NGO “Point of Support,” Oleh Maksymyak, emphasizes that the recodification of the Civil Code should “strengthen equality and human dignity, not entrench outdated norms.” According to him, as part of the EU accession neobtainediations, Ukraine undertook to ensure the possibility of registering same-sex families, so the corresponding provisions should be reflected in the updated Civil Code. Otherwise, there may be a risk of hindering the conclusion of neobtainediating chapters and the prospects for the countest’s membership in the EU.
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