DISCUSSION ISSUES OF UKRAINE’S RATIFICATION OF THE COUNCIL OF EUROPE CONVENTION ON PREVENTING AND COMBATING VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE (ISTANBUL CONVENTION)

Abstract

The article outlines the issues of Ukraine’s ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Emphasis is placed on the problems and polar points of view in Ukrainian society that prevent consistent steps to be taken to ratify the Istanbul Convention. The gaps and shortcomings of the national legislation, which needs to be brought in line with modern European standards, are emphasized. The most controversial issues of ratification of the Istanbul Convention in Ukraine are the following: 1) how to adapt domestic legislation in strict accordance with the requirements of the international instrument? 2) how to organize broad educational activities on the benefits of binding the provisions of the Convention? 3) how to reform the activities of the subjects of power to ensure compliance with the provisions of the Convention? 4) how to implement an effective enforcement mechanism for domestic and other gender-based violence? 5) how to recognize the concept of «gender» as a key term in terms of preventing and combating any manifestations of violence? The need to draw the greatest attention to the fifth issue, which is to identify the victims of such violence – women, by their gender, rather than biological (gender), which allows us to conclude that the effect of this provision applies to all persons who perform inherent female roles in society. In this case, by gender, the biologically, such persons may be women, but may not be them. It is noted that today Ukrainian society needs to recognize the existence of family relationships formed by persons of the same biological sex, as the latter must also be subject to legislation aimed at preventing and combating violence. After all, according to Article 21 of the Constitution of Ukraine, all people are free and equal in their dignity and rights.