04.10.2012 entered into force the Law of Ukraine “On Prevention and Counteraction of discrimination in Ukraine”, № 5207-VI, which defines the principles of prevention and counteracting discrimination to give equal opportunities for the implementation of the rights and freedoms of man and citizen.
The law provides that manifestations of discrimination are direct and indirect discrimination, oppression and incitement. The discrimination is understood as the decision, act or omission intended to limit privileges against any individual and / or group of persons based on race, color, political, religious or other beliefs, sex, age, disability, ethnic or social origin, family and property, place of residence, linguistic or other characteristics (hereinafter – certain attributes) if they prevent the recognition and realization of equal rights and freedoms of man and citizen.
Provisions of the Act involve banning manifestations of any discrimination. An exception may be only so-called “positive discrimination” – actions aimed at eliminating legal or de facto inequality in opportunities for individuals and / or groups of persons to exercise equal rights and freedom.
Anti-discrimination policies can be carried out by legislative and executive authorities, local governments and entities. Specifically, the law gives authority to Ombudsman that:
- monitors the observance of the principle of non-discrimination in various spheres of social relations;
- monitors and summarizes the results of the principle of non-discrimination in various spheres of social relations;
- considers applications from individuals and / or groups of individuals on discrimination;
- maintains records and summarizes cases of discrimination in various spheres of social relations;
- clarifies the prevention and counteraction of discrimination and the principle of non-discrimination in annual reports;
- carries out cooperation with international organizations, relevant authorities of foreign countries on compliance with international standards of non-discrimination;
- exercises other powers prescribed by the Constitution and laws of Ukraine.
Any aggrieved person is entitled under the law to seek protection of their rights to the ombudsman and / or court.